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Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Monkfish Fishery; Amendment 2
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 14, 2005 (Volume 70, Number 10)]
[Proposed Rules]
[Page 2586-2600]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ja05-21]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 041229366-4366-01; I.D. 122304D]
RIN 0648-AQ25
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Monkfish
Fishery; Amendment 2
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes regulations to implement measures in Amendment 2
to the Monkfish Fishery Management Plan (FMP) developed jointly by the
New England and Mid-Atlantic Fishery Management Councils (Councils).
Amendment 2 was developed to address essential fish habitat (EFH) and
bycatch issues, and to revise the FMP to address several issues raised
during the public scoping process. This proposed action includes the
following programs and measures: A new limited access permit for
qualified vessels fishing south of 38[deg]
20' N. lat.; an offshore
trawl fishery in the Southern Fishery Management Area (SFMA); a maximum
disc diameter of 6-inches (15.2 cm) for trawl gear vessels fishing in
the SFMA; closure of two deep-sea canyon areas to all gears when
fishing under the monkfish day-at-sea (DAS) program; establishment of a
research DAS set-aside program; an exemption program for vessels
fishing outside of the Exclusive Economic Zone (EEZ); adjustments to
the incidental monkfish catch limits; a decrease in the minimum
monkfish size in the SFMA; removal of the 20-day block requirement;
revisions to the monkfish baseline provisions; and additions to the
frameworable measures. This intent of this action is to provide
efficient management of the monkfish fishery and to meet conservation
objectives.
DATES: Comments must be received by 5 p.m., February 14, 2005.
ADDRESSES: Written comments on the proposed rule may be submitted by
any of the following methods:
? E-mail: E-mail comments may be submitted to
mnkamnd2@noaa.gov. Include in the subject line the following ``Comments
on the Proposed Rule for Monkfish Amendment 2.''
? Federal e-Rulemaking Portal: http://www.regulations.gov 
? Mail: Comments submitted by mail should be sent to
Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, One
Blackburn Drive, Gloucester, MA 01930-2298. Mark the outside of the
envelope ``Comments on the Proposed Rule for Monkfish Amendment 2.''
? Facsimile (fax): Comments submitted by fax should be faxed
to (978) 281-9135.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
proposed rule should be submitted to the Regional Administrator at the
address above and by e-mail to David_Rostker@omb.eop.gov, or fax to
(202) 395-7285.
Copies of Amendment 2, its Regulatory Impact Review (RIR),
including the Initial Regulatory Flexibility Analysis (IRFA), and the
Final Supplemental Environmental Impact Statement (FSEIS) are available
on request from Paul J. Howard, Executive Director, New England Fishery
Management Council, 50 Water Street, Newburyport, MA 01950. These
documents are also available online at http://www.nefmc.org.
FOR FURTHER INFORMATION CONTACT: Allison R. Ferreira, Fishery Policy
Analyst, (978) 281-9103; fax (978) 281-9135; e-mail
allison.ferreira@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
The Councils developed Amendment 2 to address a number of issues
that arose out of the implementation of the original FMP, as well as
issues that were identified during public scoping. Issues arising from
the original FMP include: The displacement of vessels from their
established monkfish fisheries due to restrictive trip limits;
unattainable permit qualification criteria for vessels in the southern
end of the range of the fishery; discards (bycatch) of monkfish due to
regulations (i.e., minimum size restrictions and incidental catch
limits); and deficiencies in meeting Magnuson-Stevens Act requirements
pertaining to protection of Essential Fish Habitat (EFH) in accordance
with the Joint Stipulation and Order resulting from the legal challenge
American Oceans Campaign, et al. v. Daley. Issues arising from public
scoping include: Deficiencies in meeting Magnuson-Stevens Act
requirements, including preventing overfishing and rebuilding
overfished stocks; a need to improve monkfish data collection and
research; the need to establish a North Atlantic Fisheries Organization
(NAFO) exemption program for monkfish; multiple vessel baseline
specifications for limited access monkfish vessels; a need to update
environmental documents describing the impact of the FMP; and a need to
reduce FMP complexity where possible.
A notice of availability of a Draft Supplemental Environmental
Impact Statement (DSEIS), which analyzed the impacts of all of the
measures under consideration in Amendment 2, was published on April 30,
2004 (69 FR 23571), with public comment accepted through July 28, 2004.
Public hearings were held between June 15 and June 24, 2004, in six
locations from Maine to North Carolina.
Proposed Measures
1. Modification of the Limited Access Permit Qualification Criteria
Modification of the limited access monkfish permit qualification
criteria is being proposed to address concerns raised by some vessel
owners who believe that they were not adequately notified of the
monkfish control date and/or because of confusion regarding the
southern boundary of the monkfish management unit in the initial FMP.
Amendment 2 would provide a renewed opportunity for a non-limited
access monkfish vessel to qualify for a new limited access monkfish
permit if it could demonstrate that it had monkfish landed in the area
south of 38[deg]
00' N. lat. during the qualification period March 15
through June 15, for the years 1994 through 1998. Two permits would be
available, depending on the amount of monkfish the vessel landed during
the qualification period.
[[Page 2587]]
Qualifying monkfish landing levels for these permits (specified below)
would be the same amounts that were required for the original monkfish
limited access permits. Vessels that could demonstrate that they landed
at least 50,000 lb (22,680 kg) tail-weight, or 166,000 lb (75,298 kg)
whole-weight, of monkfish from the area south of 38[deg]
00' N. lat.
during the qualification period would qualify for a monkfish limited
access Category G permit (these landing criteria correspond to the
current Category A and C permits). Vessels that could demonstrate that
they landed at least 7,500 lb (3,402 kg) tail-weight, or 24,900 lb
(11,295 kg) whole-weight, of monkfish from the area south of 38[deg]
00' N. lat. during the qualification period would qualify for a
monkfish limited access Category H permit (these landing criteria
correspond to the current Category B and D permits). Vessels would be
prequalified for these permits based on landings information currently
on file with NMFS. Vessels that have not prequalified for the Category
G or H permits, or vessels that want to obtain a different permit than
the one for which they qualified, would be required to submit written
information documenting monkfish landings during the qualification
period specified above. Landings would need to be documented through
dealer weighout receipts or dealer reports submitted to NMFS or other
NMFS-approved entity. An appeal process would be established, similar
to the appeal process established for the original monkfish limited
access program, to allow a vessel owner to appeal a denial of a
Category G or H permit, if it is determined that the denial was based
on incorrect information.
Vessels qualifying for a Category G or H permit would be restricted
to fishing on a monkfish DAS south of 38[deg]
20' N. lat. (the initial
line was established at 38[deg]
00' N. lat. but was revised to 38[deg]
20' N. lat. in response to sea turtle protection measures). In
addition, the landing limit for Category G vessels when fishing under a
monkfish DAS would be the same as for Category A or C vessels. The
landing limit for Category H vessels when fishing under a monkfish DAS
would be the same as Category B or D vessels. The Councils did not
address the issue of monkfish incidental catch limits when not fishing
under a monkfish DAS for Category G and H vessels. Therefore, NMFS
intends to keep the incidental catch limit for these vessels the same
as the incidental catch limits for vessels not issued a limited access
monkfish permit (Category E vessels).
2. Offshore Fishery Program
Amendment 2 would establish an Offshore Fishery Program in the SFMA
that would allow vessels to elect to fish under a monkfish trip limit
of 1,600 lb (725.8 kg) tail-weight (or 5,312 lb (2,410 kg) whole-
weight) when fishing in the Offshore Fishery Program Area, under
specific conditions, regardless of the trip limit that would otherwise
be applicable to that vessel. For a vessel electing to fish in this
program, monkfish DAS would be pro-rated based on a trip limit ratio
(the standard permit category trip limit applicable to non-program
vessels fishing in the SFMA, divided by 1,600 lb (725.8 kg) (the trip
limit specified for vessels fishing in the program)), multiplied by the
monkfish DAS available to the vessel's permit category when fishing in
the SFMA. For example, in fishing year 2004, when the trip limit and
DAS for permit Category C were set at 550 lb (249.5 kg) tail-weight and
28 DAS, respectively, a permit Category C vessel would be provided 9.6
monkfish DAS if electing to fish under the Offshore Fishery Program
(550 lb (249.5 kg)/1,600 lb (725.8 kg) x 28 DAS = 9.6 DAS).
Vessels electing to fish in this program would be required to fish
under the program rules for the entire fishing year and would receive a
separate monkfish permit category (Category F). For the 2005 fishing
year, vessels would be allowed to change their current permit category
to permit Category F within 45 days of the effective date of the final
rule implementing Amendment 2, if approved, provided the vessel did not
fish under a monkfish DAS during the 2005 fishing year.
A vessel electing to fish in this program would be allowed to fish
its monkfish DAS only within the Offshore Fishery Program Area from
October through April. In addition, vessels would be prohibited from
fishing on a monkfish DAS outside the program area. Enrolled vessels
would be required to have on board a vessel monitoring system (VMS)
that is operational during the entire October through April season.
Unless subject to VMS requirements under regulations specific to
another FMP, vessels would be allowed to turn their VMS units off
between May 1 and September 30 for a minimum of 30 days.
A vessel electing to fish in this program would be subject to the
gear requirements applicable to monkfish permit Category A and B
vessels (monkfish vessels that do not also possess a Northeast (NE)
multispecies or scallop limited access permit) when fishing under a
monkfish DAS, i.e., vessels fishing with trawl gear must fish with a
minimum mesh size of 10-inch (25.4-cm) square or 12-inch (30.5-cm)
diamond mesh throughout the codend. Monkfish Category C and D vessels
that elect to fish in this program would still be required to use a NE
multispecies or scallop DAS when fishing on a monkfish DAS. Any vessel
not electing to fish under this program would still be allowed to fish
in the Offshore Fishery Program Area under the rules and regulations
applicable to non-program vessels.
Establishment of the Offshore Fishery Program would help restore
the offshore monkfish fishery that has largely ceased to occur due to
the small trip limits implemented under the initial FMP and the
disapproval of the ``running clock'' measure that was proposed in the
FMP, which would have provided vessels with the ability to account for
any trip limit overages. This program is intended to provide
flexibility to the fishing industry without impacting the mortality
objectives of the FMP.
3. Closure of Oceanographer and Lydonia Canyons
Under this proposed rule, vessels fishing on a monkfish DAS would
be prohibited from fishing in the offshore canyon areas known as
Oceanographer and Lydonia Canyons, which contain deep-sea corals,
regardless of gear used. This measure is being proposed to minimize, to
the extent practicable, the adverse impact of monkfish fishing on EFH,
especially due to the potential impacts associated with an expansion of
the directed offshore monkfish fishery under the Offshore Fishery
Program proposed in this rule.
Twenty-three federally managed species have been observed or
collected in surveys within the two proposed closure areas, and many of
them have EFH defined as hard substrates in depths greater than 200 m.
In addition, the EFH designations for juvenile and/or adult life stages
of six of these species (redfish, tilefish, and four species of skates)
overlap with the two proposed area closures. EFH for all six of these
species has been determined to be moderately or highly vulnerable to
the effects of bottom trawls and minimally vulnerable to bottom
gillnets. Deep-sea corals have not been identified as a component of
EFH for any species in the NE region, although they are known to grow
on hard substrates, which are included in the EFH descriptions for many
of the federally managed species within the proposed closures. They are
also known to be particularly vulnerable to damage or loss by bottom
trawls, and likely to be damaged or removed from
[[Page 2588]]
the bottom by gillnet gear. Additionally, avoiding any direct adverse
impacts of monkfish bottom trawl gear and gillnet gear for six species
of fish, and any indirect adverse impacts on hard bottom substrates and
species of emergent epifauna, including corals, that grow on those
substrates within the boundaries of the two proposed closure areas,
would minimize any adverse impacts resulting from the potentially
expanding offshore monkfish fishery proposed under this amendment.
These closures are also expected to help mitigate bycatch concerns.
4. SFMA Roller Gear Restriction
Amendment 2 proposes to restrict the diameter of roller gear used
on trawl net vessels when fishing in the SFMA. Under this proposed
rule, the roller gear on all trawl vessels fishing under a monkfish DAS
would be restricted to a maximum diameter of 6 inches (15.2 cm). This
measure is being proposed to minimize, to the extent practicable, the
adverse impact of trawl fishing in the SFMA on EFH. This measure is
specific to the SFMA, since it would help ensure that trawl vessels,
which are known to be able to better target monkfish successfully with
smaller roller gear in the SFMA than in the Northern Fishery Management
Area (NFMA), do not fish in areas of more complex bottom
characteristics, including the offshore canyon areas.
5. Cooperative Research Incentive Programs
Amendment 2 proposes two programs that would encourage vessels to
engage in cooperative research, including, but not limited to: Research
to minimize bycatch and interactions of the monkfish fishery with sea
turtles and other protected species; research to minimize the impact of
the monkfish fishery on EFH; research or experimental fisheries for the
purpose of establishing a monkfish trawl exempted fishery (under the NE
Multispecies FMP) in the NFMA; research on the biology or population
structure and dynamics of monkfish; cooperative surveys; and gear
efficiency.
A pool of 500 DAS would be set aside to distribute to vessels to
engage in cooperative research projects. These DAS would be created by
removing 500 DAS from the total available monkfish DAS prior to
distribution to individual vessels. This reduction would amount to less
than 1 DAS deducted for each individual vessel allocation. Should this
program be approved, and individual DAS allocations changed because of
this approval, vessel owners would be notified of their new monkfish
DAS allocation.
Under the first research program, NMFS would publish a request for
proposals (RFP) and vessels would submit competitive bids to
participate in specific research or survey projects. NMFS would then
convene a review panel composed of Council members from the Councils'
Monkfish Oversight Committee, the Council's Research Steering
Committee, and other technical experts to review the proposals. NMFS
would consider the recommendations of each panel member and award the
contracts to successful applicants, including a distribution of DAS
from the set-aside pool.
Any of the 500 DAS not distributed through the RFP process would be
available to vessels through a second program, i.e., the existing
experimental fishery permit (EFP) process, on a first-come-first-served
basis. Under this second program, vessels applying for an EFP would
indicate the number of monkfish DAS they would require to complete
their research project. NMFS would then review the EFP application and,
if approved, issue the permit exempting the vessel from monkfish DAS
usage requirements. The total number of monkfish DAS that could be used
in the two programs (distributed under the RFP process or used in the
exemption program) could not exceed the originally established 500 DAS
annual set-aside pool. For any DAS requested that exceed the analyzed
500 DAS set-aside, the applicant would be required to prepare an
Environmental Assessment for the additional DAS exemption request.
These two research programs are being proposed for the purpose of
expanding incentives to participate in a range of monkfish research and
survey activities by reducing costs associated with research, and to
streamline the EFP process.
6. Northwest Atlantic Fisheries Organization (NAFO) Regulated Area
Exemption Program
Amendment 2 proposes an exemption from certain FMP regulations for
vessels that are fishing for monkfish under a High Seas Permit in the
NAFO Regulated Area and transiting the EEZ with monkfish on board or
landing monkfish in U.S. ports. Similar to the NAFO waters exemption in
the NE Multispecies FMP, monkfish vessels enrolled in the NAFO
Regulated Area Exemption Program would be exempt from the monkfish
regulations pertaining to permit, minimum mesh size, effort control
(DAS) and possession limit rules. Further, the monkfish catch from the
NAFO Regulated Area would not count against the monkfish total
allowable catch (TAC), provided: The vessel has on board a letter of
authorization (LOA) issued by the Regional Administrator; except for
transiting purposes, the vessel fishes exclusively in the NAFO
Regulated Area and does not harvest fish in, or possess fish harvested
from, the EEZ; when transiting the EEZ, all gear is properly stowed and
not available for immediate use; and the vessel complies with all High
Seas Fishing Compliance Permit and NAFO conservation and enforcement
measures while fishing in the NAFO Regulated Area. This proposed action
would provide additional flexibility to monkfish vessels without
compromising the mortality objectives of the FMP.
7. Incidental Catch Provisions
Three adjustments to the monkfish incidental catch limits would be
made under this rule. The first adjustment would increase the current
50-lb (22.7-kg) possession limit to 50 lb (22.7 kg) per day, or partial
day, up to a maximum of 150 lb (68 kg) per trip, for vessels not
fishing under a monkfish DAS and fishing with handgear and small mesh
(see below), and for NE multispecies limited access vessels that are
less than 30 feet in length. Small mesh is defined as mesh smaller than
the NE multispecies minimum mesh size requirements when fishing in the
Georges Bank, Gulf of Maine, and Southern New England Regulated Mesh
Areas (RMAs), and mesh smaller than the summer flounder minimum mesh
size when fishing in the Mid-Atlantic RMA.
The second adjustment would implement the same incidental monkfish
trip limit of 50 lb (22.7 kg) per day, or partial day, up to a maximum
of 150 lb (68 kg) per trip, for vessels fishing with surfclam or ocean
quahog hydraulic dredges, and General Category sea scallop vessels
fishing with a scallop dredge. These vessels are currently prohibited
from retaining monkfish. For the purposes of these new trip limits, a
day would be counted starting with the time the vessel leaves port (as
recorded in it's Vessel Trip Report (VTR)), or, if the vessel has an
operational VMS, when the vessel crosses the VMS demarcation line.
The third monkfish incidental catch limit adjustment would be
applicable to vessels fishing with large mesh in the NE Multispecies
Mid-Atlantic Exemption Area (an area defined as west of 72[deg]30' N.
long. and which extends eastward around Long Island, NY). This
adjustment would increase
[[Page 2589]]
the current 50-lb (22.7-kg) possession limit to 5 percent of the total
weight of fish on board, up to a maximum of 450 lb ( 204.1 kg), based
on tail weight equivalent. These three adjustments are proposed for the
purpose of minimizing regulatory discards due to the incidental catch
regulations without affecting the overall stock rebuilding program.
Additionally, the third adjustment is being proposed to restore the
trip limit that was in effect prior to redefining the Mid-Atlantic RMA
in the NE Multispecies FMP.
8. Decrease in Minimum Fish Size
Amendment 2 proposes to reduce the minimum fish size for monkfish
in the SFMA to 11 inches (27.9 cm) tail length, 17 inches (43.2 cm)
total length, from the current limit of 14 inches (35.6 cm) tail
length, 21 inches (53.3 cm) total length. This change would make the
minimum size consistent with that which currently applies in the NFMA,
simplifying the FMP rules and improving enforceability. Allowing
vessels to retain smaller monkfish would also likely minimize
regulatory discards.
9. Removal of 20-day Spawning Block Requirement
Current monkfish regulations require limited access monkfish permit
holders to take a 20-day block out of the fishery during April through
June each year, paralleling a similar regulation in the NE Multispecies
FMP that applies from March through May. Amendment 2 proposes to
eliminate this requirement, since it imposes an enforcement burden and
increases the regulatory burden on monkfish vessels with no apparent
biological or economic benefit. This change does not affect the
requirement for monkfish vessels that also hold a NE multispecies
limited access permit and, who, therefore, must abide by the NE
multispecies 20-day spawning block requirement when fishing under a
monkfish/multispecies DAS.
10. Vessel Permit Baseline Modification
Currently, a vessel is limited to upgrading its vessel permit
characteristics by 10 percent of the length and tonnage, and 20 percent
of the horsepower of the vessel at the time it was issued a monkfish
limited access permit. Since the monkfish limited access program was
not implemented until 1999, vessels that also had been issued a prior
limited access permit under another FMP, and that also downsized the
vessel characteristics (either through a vessel replacement or
modifications to the vessel, such as an engine replacement) in the
period between the issuance of the two permits, would have two
different vessel permit baselines--one for the initial vessel
characteristics, and one for the vessel characteristics at the time the
monkfish permit was issued. This situation limits the ability of the
vessel owner to transfer the permit to another vessel that is within
the original upgrading limitations but that exceeds the monkfish permit
upgrading limitations, without losing the vessel's monkfish permit.
Amendment 2 would provide a one-time opportunity to allow vessel owners
to set the monkfish permit baseline at the characteristics of the
vessel when it was issued its first Federal limited access permit,
rather than the vessel characteristics at the time it was issued a
monkfish limited access permit under the initial monkfish FMP. Such an
adjustment would only be made at the request of the vessel owner,
provided such a request is made on or before April 30, 2006, or within
1 year of implementation of the final rule for Amendment 2, if
approved, whichever is later.
Although this measure would benefit some vessels, it would not
provide a solution to the broader problem of there being more than one
vessel permit baseline for many vessels. For example, a monkfish vessel
that holds Federal limited access permits in fisheries for which
limited access programs were established after implementation of the
initial monkfish FMP would not be affected by this proposed change and,
therefore, could continue to have more than one vessel permit baseline
on that vessel. Because it would not address the issue of more than one
baseline for all fisheries, NMFS believes that it may be more efficient
and comprehensive to address this particular change in an omnibus
amendment that would address all FMP regulations that include Federal
limited access permits and corresponding vessel permit baselines. Due
to this concern, NMFS is highlighting this particular measure for comment.
11. Modification of the Framework Adjustment Procedures
Amendment 2 proposes three additions to the list of actions that
can be taken under the existing framework adjustment procedure. The
proposed additional items that the Councils could consider under the
framework adjustment procedure are: A monkfish DAS Leasing Program;
measures to minimize the impact of the fishery on endangered or
protected species; and measures that would implement bycatch reduction
devices.
12. Regulatory Changes
The proposed regulations also include several editorial revisions
to the existing text in 50 CFR 648, subpart F, that are not proposed in
Amendment 2. These revisions would remove obsolete language (references
to regulations in effect during previous fishing years) and improve the
organization and clarity of the regulations.
This proposed rule would also correct an error in the incidental
catch limit regulations for scallop vessels fishing under a scallop DAS
found at 50 CFR 648.94(c)(2). The original FMP and the preamble to the
final rule implementing the FMP (64 FR 54732, October 7, 1999) stated
that all vessels issued an incidental monkfish permit that are fishing
under a scallop DAS, including both dredge vessels and vessels fishing
under the trawl net exemption, are subject to an incidental catch limit
of 300 lb (136.1 kg) tail-weight per DAS (see section 4.6.3.2 of the
FMP). However, the regulatory text in the final rule implementing the
FMP inadvertently only referenced scallop dredge vessels fishing under
a scallop DAS. This proposed rule would correct the regulations at
Sec. 648.94(c)(2) to apply to all vessels fishing under a scallop DAS,
consistent with the intent of the original FMP.
In addition, this proposed rule would correct the monkfish minimum
trawl mesh size for the Southern New England (SNE) Monkfish and Skate
Trawl Exemption Area, specified at Sec. 648.80(b)(5)(i)(B), to be
consistent with the minimum trawl mesh size for vessels fishing under
only a monkfish DAS, specified at Sec. 648.91(c)(1)(i). The necessary
minimum mesh size change to this exemption program under the NE
Multispecies FMP was inadvertently omitted from the regulatory text for
the final rule implementing the original FMP.
Finally, this proposed rule would correct an error in the
possession limit regulations for limited access Category C and D
vessels fishing on a multispecies DAS in the SFMA with gear other than
trawl gear, specified at Sec. 648.94(b)(3)(ii), to reference the fact
that the 50-lb (22.7-kg) tail-weight possession limit is per
multispecies DAS. This error inadvertently occurred in the regulatory
text of the final rule implementing the FMP, but was correctly
described in the preamble to that rule.
Classification
At this time, NMFS has not determined that the FMP amendment that
this proposed rule would implement is consistent with the
[[Page 2590]]
national standards of the Magnuson-Stevens Act and other applicable
laws. NMFS, in making that determination, will take into account the
data, views, and comments received during the comment period.
The Councils prepared a DSEIS for this amendment; a notice of
availability was published on April 30, 2004 (69 FR 23751); a
correction of the telephone number included in the April 30, 2004,
Federal Register notice (69 FR 23751) was published on May 7, 2004 (69
FR 25574). The Councils prepared an FSEIS for this amendment and
submitted the final version to NMFS on December 10, 2004. A notice of
availability for the FSEIS will publish shortly. The FSEIS analyzed the
impact of the proposed action and alternatives compared to taking no
action. The FSEIS concluded that the biological impact of the proposed
measures would be neutral, except for a possible minor negative impact
on monkfish yield per recruit resulting from the reduction in minimum
fish size in the SFMA, if vessels target smaller fish. Also, the
proposed Offshore Fishery Program in the SFMA and the modification of
the permit qualification criteria could cause some effort to shift from
inshore to offshore areas, but the impact of such a shift cannot be
predicted. The proposed measures are not expected to have a significant
impact on protected species, although the Offshore Fishery Program may
have a positive impact, since overall effort would be reduced due to
the pro-rating of DAS. The proposed measures will not have an adverse
impact on habitat. Two measures are specifically designed to minimize,
to the extent practicable, the effect of the fishery on EFH. These
measures, the SFMA roller gear restriction and the closure of
Oceanographer and Lydonia Canyons, would have a positive, but not
significant, impact on habitat, since both are preventative, rather
than restrictive, when compared to current fishing practices. The
socio-economic impacts of the proposed action are expected to be
slightly positive, although some measures would have no impact because
they are either administrative or do not affect current fishing
activities (i.e., they are preventative).
This proposed rule has been determined to be not significant for
the purposes of Executive Order 12866.
An IRFA was prepared, as required by section 603 of the Regulatory
Flexibility Act (RFA). The IRFA describes the economic impact this
proposed rule, if adopted, would have on small entities. A description
of the action, why it is being considered, and the legal basis for this
action, are contained in the preamble to this proposed rule. There are
no Federal rules that may duplicate, overlap, or conflict with the
proposed rule. A summary of the IRFA follows. A copy of this analysis
is available from the New England Fishery Management Council (see
ADDRESSES).
Description of Small Entities to Which the Proposed Rule Will Apply
The measures proposed in Amendment 2 could impact any commercial
vessel issued a Federal monkfish vessel permit. There are two main
components of the monkfish fleet: Vessels eligible to participate in
the limited access sector of the fleet, and vessels that participate in
the open access sector under the incidental catch permit. In 2001,
there were 723 monkfish limited access vessels, 687 of which were
participants during fishing year (FY) 2001. In addition, there were
1,977 incidental catch permits, 1,023 of which participated in the
fishery. Under the Small Business Administration (SBA) size standards
for small fishing entities, i.e., $3.5 million, all of the
participating vessels are considered small, as gross sales by any
entity do not exceed this threshold. The proposed actions would provide
regulatory relief to small fishing vessels participating in the
monkfish fishery.
Economic Impacts of the Proposed Action
1. Modification of the Permit Qualification Criteria
Under the new limited access permits proposed in Amendment 2,
economic opportunities would be restored for some vessels fishing south
of 38[deg]
20'N. lat. It is possible that the addition of new
moratorium permitted vessels will have an impact on the trip limits for
other vessels fishing in the SFMA, since the TAC would be distributed
over an increased number of vessels, although this economic impact from
this change cannot be accurately estimated. Preliminary estimates
indicate that up to five additional vessels could qualify for a limited
access monkfish permit under the proposed action. From January 1, 1995,
to the implementation of the initial FMP in November 1999, these five
vessels averaged approximately $78,000 in revenues from monkfish, out
of their total revenues of $480,000 for the same period.
2. Offshore Fishery Program
The proposed Offshore Fishery Program in the SFMA would be
voluntary and would allow vessels to use their available fishing time
more efficiently by providing vessels with an increased monkfish trip
limit in exchange for a reduction in their monkfish DAS. Over a fishing
season, a vessel participating in the program could potentially achieve
higher profitability because more monkfish could be retained using
fewer overall inputs. While VMS would be required for participating
vessels, and vessels currently not having VMS would have to bear the
cost of installation (approximately $3,100 per unit), each individual
would be able to weigh the benefits and costs of participating in the
program.
3. Closure of Oceanographer and Lydonia Canyons
The economic effect of the proposed closure of Oceanographer and
Lydonia Canyons to monkfish vessels was estimated by identifying the
fishing activity taking place within the areas using the position
coordinates provided in VTRs for calendar years 1999 and 2001. No trips
were identified as having occurred within the proposed closure areas.
Based upon this analysis, the economic effect of the closure would be
zero.
Although vessels have not fished for monkfish in these canyon areas
in the past, the establishment of an Offshore Fishery Program in this
amendment, if approved, could encourage monkfish vessels to fish in
these areas in the future. Thus, the intent of this measure is
proactive in that it would prohibit monkfish vessels from fishing in
these areas, which contain sensitive deep water coral habitat.
4. SFMA Roller Gear Restriction
Restricting the trawl roller gear diameter to a 6-inch (15.2-cm)
maximum for vessels fishing on a monkfish DAS in the SFMA may have some
short-term negative economic impacts on some vessels, since vessels
using non-conforming gear would be required to bear the cost of making
the necessary change. However, 6-inch (15.2-cm) roller gear is already
used by many vessels in the SFMA, reducing the potential impact of this
proposed measure. The effect of this measure is not quantifiable, since
the number of non-conforming vessels cannot be determined at this time.
5. Cooperative Research Incentive Programs
The economic impacts of the changes to the cooperative research
programs funding would be, at most, redistributive in nature. The 500-
DAS set-aside available for research purposes would be drawn equally
from the DAS
[[Page 2591]]
allocations of all monkfish vessels. Thus, monkfish vessels that use
their full allocation of DAS and do not participate in research
projects would experience a loss in fishing opportunities, although
minor (less than 1 DAS per vessel), while other vessels could expand
their fishing opportunities through participation in such projects.
Vessels not using their full allocations of DAS would not be affected.
6. NAFO Regulated Area Exemption Program
The proposed action would exempt anyone fishing in the NAFO
regulatory area from EEZ regulations. Vessels would be assumed
compliant with NAFO regulations and would be issued a High Seas Fishing
Compliance permit, relieving participating vessels from dual compliance
with both NAFO and EEZ regulations. While this would provide vessels
with greater flexibility compared to current regulations, the economic
impact of this change cannot be estimated, since the extent that
current regulations inhibit domestic vessels from participating in the
NAFO Regulatory Area is unknown. However, this reduction in regulatory
burden would likely have a positive economic impact, since the EEZ
measures are more restrictive that their NAFO counterparts.
7. Incidental Catch Provisions
Based on FY 2001 VTR records, modification of the incidental catch
limits would affect a total of 835 trips made by 112 vessels, providing
these small entities an opportunity to retain more monkfish than under
current conditions. Since the proposed change represents an increase
over current trip limits, it is impossible to provide a precise
estimate of the economic benefit provided by the change; however, an
upper bound estimate of the economic benefit can be calculated by
assuming that all trips would retain the maximum allowable limit. Using
the average 2001 monkfish (tail-weight) price of $2.53 per lb, the
maximum revenue gain would be $192,000, an average benefit of $1,700 in
gross fishing revenue for the 112 vessels that would benefit.
Based on FY2001 VTR data, 1,620 trips made by 52 vessels would
potentially be affected by the proposed change to the incidental catch
limit for General category scallop and clam dredge vessels. Most of
these trips were 24 hours or less, and nearly all were less than 48
hours. Thus, the maximum benefit from a 50-lb (22.7-kg) trip limit
would be $204,000, again using the average 2001 monkfish price of $2.53
per lb. This maximum benefit assumes that catch rates on every trip
would be at least 50 lb (22.7 kg), which is unlikely, since the median
landings for vessels with a monkfish incidental catch permit were only
25 lb (11.3 kg). At this median level, the revenue gain would be
approximately $102,000, an average of just under $2,000 per vessel. The
proposed incidental catch limit increase would provide only a modest
increase above this level since few General category scallop or clam
dredge trips are more than 24 hours, and nearly all are less than 48
hours. Assuming median landings, the maximum benefit would be only
$10,250 more than that of the 50-lb (22.7-kg) incidental trip limit.
Based on FY 2001 VTR records, the proposed change to the incidental
catch limit for summer flounder vessels would affect 114 vessels. Using
these VTR records, an estimate of the potential revenues that would be
restored to these vessels was calculated. Adjusting the observed
monkfish landings by the current incidental catch limit of 50 lb (22.7
kg) per trip, the average annual restored landings per vessel would be
326 lb (147.9 kg), translating to $825 per vessel at the average 2001
monkfish price per pound of $2.53. However, the impact varies greatly
across vessels, ranging from no impact for vessels without an observed
trip exceeding 50 lb (22.7 kg), to almost $10,000.
8. Minimum Fish Size
The proposed Amendment 2 change to the minimum fish size is
specific to the SFMA and, therefore, would affect only vessels that
fish in that area. Based on FY 2001, the 170 vessels that fished in the
SFMA would experience reduced regulatory burden as well as increased
economic opportunities under this proposed measure. The 73 additional
vessels that chose to fish in both management areas would also benefit,
though only on the trips in the SFMA. However, as noted above, without
detailed information on the size distribution of the commercial catch
in both areas, an accurate assessment of the economic benefit that
would accrue to each vessel is not possible.
9. Removal of the 20-day Block Requirement
The proposed removal of the 20-day block requirement would result
in a reduction in regulatory burden when compared to current conditions
for the 45 Category A and B monkfish limited access vessels. Category C
and D monkfish permitted vessels that also hold a NE multispecies
permit, are required to take a 20-day block out of the NE multispecies
fishery. However, the extent of the regulatory relief provided by the
proposed removal of this requirement is unknown. The current
requirement to be out of the fishery for 20 days only means that
vessels cannot call in a monkfish DAS during that time. The vessels are
still able to fish in other fisheries and are allowed to retain
monkfish up to the incidental catch limits for those fisheries. Since
the 20-day block may be taken at any time during the prescribed period,
vessels can choose the block they expect to be the most advantageous.
Nonetheless, as above noted, removal of this requirement does afford
the vessels greater flexibility in choosing when to fish for monkfish
and when to fish for other species.
10. Vessel Baseline Modification
Allowance of a vessel permit baseline modification would not have
an immediate economic impact on a vessel's ability to earn fishing
income in the monkfish fishery, since no proposed measures are tied to
the physical dimensions of the vessels. However, the value of the
vessel could be affected, depending on whether the baseline is higher
or lower than the current monkfish baseline, and there may be
implications for the pool of trading partners should a monkfish DAS
leasing program be developed in the future.
11. Modification of the Framework Adjustment Procedure
The proposed action would modify the framework adjustment process,
expanding the list of frameworkable measures to include development of
a monkfish DAS leasing program, measures to minimize impact on
protected species, and requirements to use bycatch reduction devices.
While the individual frameworkable measures may have associated
economic impacts and regulatory burdens, which will be dependent on the
specific measures that may be proposed in the future, simply adding
these measures to the list of actions that can be taken under the
framework adjustment process is administrative in nature and does not
have any impacts on any participant in the fishery. The economic impact
of each measure will be analyzed in the associated framework action,
should the measures be given further consideration by the Councils.
Economic Impacts of Alternatives to the Proposed Action
This section describes the impacts of management measures that were
considered by the Councils but not adopted as part of Amendment 2 and
compares the economic of the specified
[[Page 2592]]
measure to those resulting from no action under Amendment 2.
1. Monkfish DAS Usage by Limited Access Monkfish Category C and D Vessels
The Councils considered several alternatives that would have
allowed limited access monkfish Category C and D vessels to fish under
a monkfish DAS without concurrently using a NE multispecies or scallop
DAS, including two options that would have allocated monkfish-only DAS
uniformly among all vessels or individually based on a vessel's fishing
history. These alternatives would have affected 662 limited access
Category C or D monkfish vessels. Economic impacts would have likely
resulted in neutral or positive economic impacts, assuming that the
overall effort within the monkfish fishery would not have increased. If
effort in the monkfish fishery would have increased, necessary
reductions in trip limits and DAS allocations would have resulted in
reduced economic opportunities.
2. Incidental Catch Limits
The Councils considered increasing the current monkfish incidental
catch limit of 50 lb (22.7 kg) per trip to a maximum of 500 lb (226.8
kg) per trip by allowing vessels to retain up to 50 lb (22.7 kg) of
monkfish per day for a 10-day trip. A total of 112 vessels would have
been affected by this measure, resulting in a revenue gain of $322,000,
or an average benefit of $2,900 per vessel.
3. Minimum Trawl Mesh Size When Fishing on a Monkfish DAS
Two alternatives were considered by the Councils that would have
required vessels to use 12-inch (30.5-cm) square mesh in the codend and
either 12-inch (30.5-cm) diamond mesh or the minimum mesh size required
in the NE Multispecies FMP in the body of the net. These gear
requirements would have been required when fishing monkfish-only DAS,
if de-coupled from NE multispecies or scallop DAS as proposed in other
rejected alternatives specified above, or on a monkfish/multispecies
DAS for limited access monkfish Category C or D vessels. These measures
would have affected all limited access monkfish vessels using large
mesh otter trawls. These vessels would have had to replace any
nonconforming gear, at considerable expense.
4. Minimum Fish Size
The Council considered four alternatives for minimum fish size: (1)
The no action alternative (11-inch (27.9-cm) tail-length, 17-inch
(43.2-cm) total-length in the NFMA, and 14-inch (35.6-cm) tail-length,
21-inch (53.3-cm) total-length in the SFMA); (2) a uniform 10-inch
(25.4-cm) tail-length or 15-inch total-length minimum fish size
(Alternative 2, Option 2); (3) elimination of the minimum size limit
(Alternative 3); and (4) a 14-inch (35.6-cm) tail-length or 21-inch
(53.3-cm) total-length minimum fish size for vessels fishing under a
monkfish-only DAS (Alternative 4). Alternative 2 would likely have
increased economic opportunities for all vessels fishing for monkfish,
but would have had a greater beneficial impact on vessels fishing in
the SFMA than those fishing in the NFMA since it would have resulted in
a greater reduction in the minimum size, and, therefore, more of an
increase in the size range of monkfish that vessels fishing in the SFMA
are able to land. Based on public comment, Alternative 3 would have
provided an incentive to develop markets for smaller monkfish, which
could have had a negative impact on yield-per-recruit. Finally, the
analysis in the FSEIS indicates that Alternative 4 would not have
affected vessels fishing in the SFMA, but would have resulted in
decreased economic opportunities for vessels fishing in the NFMA under
a monkfish-only DAS, with only negligible affects.
5. Closed Season or Time Out of the Fishery
The Councils rejected an alternative that would have doubled the
current 20-day block out of the fishery to 40 days, but that would have
allowed vessels to take the entire 40 days out of the fishery
consecutively or as two 20-day blocks. The Councils also rejected an
alternative that would have required all limited access monkfish
vessels, including scallop vessels also possessing limited access
monkfish Category C or D permits, to take time out of the monkfish
fishery. The economic impacts of these alternatives are unclear, given
the difficulty in assessing when individual vessels will plan their
trips. However, it is not expected that the latter alternative would
have adversely impacted scallop vessels.
6. Offshore Fishery Program
The Councils are proposing the establishment of an Offshore Fishery
Program in Amendment 2 (Alternative 2). However, within Alternative 2,
the Councils considered, but rejected, options for the area covered
under this program (Area Option 2), and for the applicable trip limits
and associated DAS allocation (DAS/Trip Limit Option 1).
Since the rejected area option is not significantly different from
the proposed area, and given the proposed distance from shore,
participation in the fishery would likely be limited to larger vessels.
Further, the rejected trip limit option would provide vessels with the
flexibility of choosing the DAS/trip limit ratio that is most
economically beneficial to them. Under these rejected options, vessels
would still be subject to VMS requirements. As a result, vessels that
do not have a VMS unit currently installed would have to bear the cost
of installation in order to participate in this voluntary program.
7. Modification of the Limited Access Permit Qualification Criteria
The Councils considered four alternatives, plus the no action
alternative, for modifying the limited access permit qualification
criteria, and ultimately selected Alternative 3. The only difference
between the non-preferred alternatives and the preferred alternative is
the qualification period. The qualification periods for the non-
preferred alternatives are as follows: Alternative 1, the four years
prior to June 15, 1998; Alternative 2, the four years prior to June 15,
1997; Alternative 4, the four years prior to June 15, 1997, where
landing took place during the months of March 15 - June 15. Under the
no action alternative, no additional vessels would qualify for a
limited access monkfish permit. Analysis of the NOAA Fisheries weighout
and North Carolina Division of Marine Fisheries data indicate that the
number of vessels that would qualify for monkfish limited access
permits range from three under Alternatives 2 and 4, to seven under
Alternative 1.
The vessel level economic impact on affected vessels is likely to
be positive, due to the increased opportunity to fish for monkfish in
the EEZ, but the magnitude of the impact cannot be determined for the
following reasons: These vessels already prosecute the monkfish fishery
in state waters during the same limited season when they would be able
to fish in the EEZ; and it is unclear how the limitations on the
fishery resulting from the sea turtle closures would offset any
immediate benefit these vessels might realize from obtaining a Federal
limited access monkfish permit.
8. Alternatives to Protect EFH
The Councils considered an alternative that contained alternative
trawl configurations designed to minimize the impact of the monkfish
[[Page 2593]]
fishery on EFH for other species if DAS usage requirements were
separated. This alternative (Alternative 4) may have had some short-
term negative economic effects depending on the trawl configuration
selected and the management area to which the configuration
requirements would have applied. Changing the trawl configuration would
require vessels using non-conforming gear to bear the cost of making
the necessary changes.
The Councils also considered an option to close the waters above up
to 12 large canyons from Norfolk Canyon to the Hague Line. Information
from the VTR database shows that 30 trips occurred in these areas
during 1999 and 2001. An assessment of all non-directed monkfish trips
indicates that the majority of vessels were targeting squid or whiting,
while most other trips were associated with the directed summer
flounder fishery. Under closure option 1 (trawl gear only), nine trawl
trips would have been affected based on the 1999 VTR data, and less
than 3 trips would have been affected based on the 2001 VTR data.
Option 2 would have affected an additional 21 gillnet trips based on
the 2001 VTR data.
9. NFMA Monkfish Trawl Experimental Fishery
A 2-year experimental fishery to establish a trawl exempted fishery
in the NFMA was not adopted by the Councils. This experimental fishery
would have allowed vessels to determine the appropriate time, place,
and gear to target monkfish while on a monkfish-only DAS, without
concurrently using a NE multispecies DAS. Since the Councils did not
adopt a measure that would separate monkfish DAS from scallop or NE
multispecies DAS, there would be little economic benefit for trawl
vessels to use large mesh in the NFMA, as the current trip limits for
vessels using groundfish gear would provide more economic opportunity
for affected vessels.
10. Changes to the Fishing Year
The Councils did not adopt several alternatives that would have
changed the start date of the fishing year. These changes would have
complicated the permit renewal process, since the monkfish fishing year
would no longer have corresponded to the NE multispecies fishing year
and would have affected a vessel owner's ability to effectively plan
vessel operations for the year, as vessels would have received their
DAS allocations for various fisheries at different times of the year.
This would also have resulted in increased costs for applying for and
administering permit renewals.
Description of the Proposed Reporting, Recordkeeping, and Other
Compliance Requirements of the Proposed Rule
Reporting and Recordkeeping Requirements
The proposed measures under Amendment 2 include the following
provisions requiring either new or revised reporting and recordkeeping
requirements: (1) Annual declaration into the Offshore Fishery Program
on the initial vessel permit application or vessel permit renewal
application; (2) VMS purchase and installation; (3) VMS proof of
installation; (4) automated VMS polling of vessel position once per
hour while fishing under a Monkfish DAS in the Offshore Fishery
Program; (5) request to power down VMS unit for a minimum of 30 days;
(6) initial application for a limited access monkfish permit (Category
G or H) under program for vessels fishing south of 38[deg]20' N. lat.;
(7) renewal of limited access monkfish permit (Category G or H) under
program for vessels fishing south of 38[deg]20' N. lat.; (8) appeal of
denial of a limited access monkfish permit (Category G or H) under the
program for vessels fishing south of 38[deg]20' N. lat.; (9)
application for a vessel operator permit for new limited access
monkfish vessels; (10) vessel replacement or upgrade application for
new limited access monkfish vessels; (11) confirmation of permit
history application for new limited access monkfish vessels; (12) DAS
reporting requirements (call-in/call-out) for new limited access
monkfish vessels; (13) application for Good Samaritan DAS credit for
new limited access monkfish vessels; (14) annual gillnet declaration
and tag order request; (15) requests for additional gillnet tags; (16)
notification of lost tags and request for replacement tags; (17)
requests to change limited access monkfish vessel baseline
specifications; and (18) requests for a LOA to fish for monkfish in
NAFO Regulatory Area under the proposed exemption program.
Other Compliance Requirements
The measures proposed under Amendment 2 would require that all
vessels participating in the Offshore Fishery Program purchase and
install a VMS unit. The average VMS unit offered by the two vendors
currently approved by NMFS costs approximately $3,100 to purchase and
install. Many of the limited access monkfish vessels expected to
participate in the Offshore Fishery Program also possess limited access
NE multispecies permits. Since several new programs implemented under
Amendment 13 to the NE Multispecies FMP also require the use of VMS, it
is estimated that half of the 50 vessels expected to participate in the
Offshore Fishery Program already have VMS units through participation
in these NE multispecies programs and only 25 additional limited access
monkfish vessels would be required to purchase a VMS under Amendment 2.
This results in a combined one-time cost of $77,500 for these 25
vessels. In addition, the average monthly cost to operate a VMS unit is
$150. This results in a combined annual cost associated with VMS usage
under Amendment 2 of $45,000 for these new VMS users. Five vessels
fishing south of 38[deg]20' N. lat. are expected to qualify for a
limited access monkfish permit under Amendment 2. These vessels would
be required to obtain a Federal vessel operator permit, if they do not
already have one. These permits cost approximately $10 due to the need
for a color photograph, and are valid for 3 years. As a result, the
yearly cost to these five vessels is estimated at $16.67, or
approximately $3.33 per vessel. Finally, limited access monkfish
vessels using gillnet gear must purchase gillnet tags. Each tag costs
$1.20 and may be used for at least 3 years. Monkfish vessels are
allowed to use up to 160 gillnets. Therefore, if the five vessels
fishing south of 38[deg]20' N. lat. expected to qualify for a limited
access monkfish permit under Amendment 2 elect to fish with gillnet
gear, yearly costs associated with purchasing gillnet tags for each
vessel would be a maximum of $64 (i.e., $192 every 3 years).
Public Reporting Burden
This proposed rule contains a collection-of-information requirement
subject to review and approval by OMB under the Paperwork Reduction Act
(PRA). This requirement has been submitted to OMB for approval. Public
reporting burden for this collection of information is estimated to
average as follows:
1. Annual declaration into the Offshore Fishery Program on initial
vessel permit application or vessel permit renewal application, OMB
Control Number 0648-0202 (30 min/response);
2. VMS purchase and installation, OMB Control Number 0648-0202 (1
hr/response);
3. VMS proof of installation, OMB Control Number 0648-0202 (5 min/
response);
4. Automated VMS polling of vessel position once per hour while
fishing
[[Page 2594]]
under a monkfish DAS in the Offshore Fishery Program, OMB Control
Number 0648-0202 (5 sec/response);
5. Request to power down VMS unit for a minimum of 30 days, OMB
Control Number 0648-0202 (5 min/response);
6. Initial application for a limited access monkfish permit
(Category G or H) under program for vessels fishing south of 38[deg]
20' N. lat., OMB Control Number 0648-0202 (45 min/response);
7. Renewal of limited access monkfish permit (Category G or H)
under program for vessels fishing south of 38[deg]
20' N. lat., OMB
Control Number 0648-0202 (30 min/response);
8. Appeal of denial of a limited access monkfish permit (Category G
or H) under the program for vessels fishing south of 38[deg]
20' N.
lat., OMB Control Number 0648-0202 (2 hr/response);
9. Application for a vessel operator permit for new limited access
monkfish vessels, OMB Control Number 0648-0202 (1 hr/response);
10. Vessel replacement or upgrade application for new limited
access monkfish vessels, OMB Control Number 0648-0202 (3 hr/response);
11. Confirmation of permit history application for new limited
access monkfish vessels, OMB Control Number 0648-0202 (30 min/response);
12. DAS reporting requirements (call-in/call-out) for new limited
access monkfish vessels, OMB Control Number 0648-0202 (2 min/response);
13. Application for Good Samaritan DAS credit for new limited
access monkfish vessels, OMB Control Number 0648-0202 (30 min/response);
14. Annual gillnet declaration and tag order request, OMB Control
Number 0648-0202 (10 min/response);
15. Requests for additional gillnet tags, OMB Control Number 0648-
0202 (2 min/response);
16. Notification of lost tags and request for replacement tags, OMB
Control Number 0648-0202 (2 min/response);
17. Requests to change limited access monkfish vessel baseline
specifications, OMB Control Number 0648-0202 (30 min/response); and
18. Requests for a letter of authorization to fish for monkfish in
the NAFO Regulatory Area under the proposed exemption program, OMB
Control Number 0648-0202 (5 min/response).
These burden estimates include the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
Public comment is sought regarding: Whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; the accuracy of the burden estimate; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways to minimize the burden of the collection of
information, including through the use of automated collection
techniques or other forms of information technology. Send comments on
these or any other aspects of the collection of information to NMFS and
to OMB (see ADDRESSES).
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of PRA, unless that collection of information displays a
currently valid OMB Control number.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: January 7, 2005.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.2, the definition of ``Prior to leaving port'' is
revised to read as follows:
Sec. 648.2 Definitions.
* * * * *
Prior to leaving port, with respect to the call-in notification
system for NE multispecies, and the call-in notification system for
monkfish vessels that are fishing under the limited access monkfish
Category C, D, F, G or H permit provisions that are also fishing under
a NE multispecies DAS, means no more than 1 hour prior to the time a
vessel leaves the last dock or mooring in port from which that vessel
departs to engage in fishing, including the transport of fish to
another port. With respect to the call-in notification system for
monkfish vessels that are fishing under the limited access monkfish
Category A or B permit provisions, it means prior to the last dock or
mooring in port from which a vessel departs to engage in fishing,
including the transport of fish to another port.
* * * * *
3. In Sec. 648.4, the introductory text of paragraph (a)(9)(i) is
revised, paragraphs (a)(9)(i)(B), (H), and (M), and (a)(9)(i)(N)(1) and
(3) are revised, and paragraphs (a)(9)(i)(A)(5), (6), and (7) are added
to read as follows:
Sec. 648.4 Vessel permits.
(a) * * *
(9) * * *
(i) Limited access monkfish permits.
(A) * * *
(5) Category F (vessels electing to participate in the Offshore
Fishery Program). Vessels intending to fish, or are fishing in, the
Offshore Fishery Program, as described under 648.95, must apply for and
be issued a Category F permit and fish under this permit category for
the entire fishing year. For fishing year 2005, the owner of a vessel,
or authorized representative, may change its previous 2005 limited
access monkfish permit to a Category F permit within 45 days of the
effective date of the final rule implementing Amendment 2, provided the
vessel has not fished under the monkfish DAS program during the 2005
fishing year.
(6) Category G permit (vessels restricted to fishing south of
38[deg]20'N. lat. as described in Sec. 648.92(b)(9)) that do not
qualify for a monkfish limited access Category A, B, C, or D permit.
The vessel landed [gteqt]
50,000 lb (22,680 kg) tail-weight or 166,000
lb (75,297.6 kg) whole weight of monkfish in the area south of
38[deg]N. lat. during the period March 15 through June 15 in the years
1995 to 1998.
(7) Category H permit (vessels fishing only south of 38[deg]20'N.
lat. as described in Sec. 648.92(b)(9)) that do not qualify for a
monkfish limited access Category A, B, C, D, or G permit). The vessel
landed [gteqt]
7,500 lb (3,402 kg) tail-weight or 24,900 lb (11,294.6
kg) whole weight of monkfish in the area south of 38[deg]N. lat. during
the period March 15 through June 15 in the years 1995 to 1998.
(B) Application/renewal restrictions. No one may apply for an
initial limited access monkfish permit for a vessel after November 7,
2000, unless otherwise allowed in this paragraph (a)(9)(i)(B). Vessels
applying for an initial limited access Category G or H permit, as
described in paragraphs (a)(9)(i)(A)(6) and (7) of this section must
do, so on or before April 30, 2006.
* * * * *
(H) Vessel baseline specification. The vessel upgrading baseline
specifications in this section are the respective specification
(length, GRT, NT, and
[[Page 2595]]
horsepower) of the vessel that was initially issued a limited access
permit as of the date the initial vessel applied for such a permit,
unless otherwise specified in this paragraph (a)(9)(i)(H). The owner of
a vessel with multiple Federal limited access permits with different
vessel baseline specifications for its monkfish limited access permit
than the vessel baseline specifications for one or more of its other
Federal permits may request that the Regional Administrator revise the
monkfish permit vessel baseline specifications to be consistent with
that of the vessel's first Federal limited access permit, provided such
a request is made prior to May 1, 2006.
* * * * *
(M) Notification of eligibility for Category G and H permits. (1)
NMFS will attempt to notify all owners of vessels for which NMFS has
credible evidence available to inform them that they meet the
qualification criteria described in paragraph (a)(9)(i)(A)(6) or (7) of
this section and that they qualify for a limited access monkfish
Category G or H permit. Vessel owners that pre-qualify for a Category G
or H permit must apply for the limited access permit for which they
pre-qualified prior to May 1, 2006, to meet the qualification requirements.
(2) If a vessel owner has not been notified that the vessel is
eligible to be issued a limited access monkfish Category G or H permit,
and the vessel owner believes that there is credible evidence that the
vessel does qualify under the pertinent criteria, the vessel owner may
apply for a limited access monkfish Category G or H permit prior to May
1, 2006, by submitting written evidence that the vessel meets the
qualification requirements described in paragraph (a)(9)(i)(A)(6) or
(7) of this section.
(N) Appeal of denial of permit. (1) An applicant denied a limited
access monkfish Category G or H permit may appeal to the Regional
Administrator within 30 days of the notice of denial. Any such appeal
shall be in writing. The only ground for appeal is that the Regional
Administrator erred in concluding that the vessel did not meet the
criteria described in paragraph (a)(9)(i)(A)(6) or (7) of this section.
The appeal shall set forth the applicant's belief that the Regional
Administrator made an error.
(2) * * *
(3) Status of vessels pending appeal. (i) A vessel denied a limited
access monkfish Category G or H permit may fish under the monkfish DAS
program, provided that the denial has been appealed, the appeal is
pending, and the vessel has on board a letter from the Regional
Administrator authorizing the vessel to fish under the monkfish DAS
program. The Regional Administrator will issue such a letter for the
pendency of any appeal, which decision is the final administrative
action of the Department of Commerce pending a final decision on the
appeal. The letter of authorization must be carried on board the
vessel. A vessel with such a letter of authorization shall not exceed
the annual allocation of monkfish DAS as specified in Sec.
648.92(b)(1) and must report the use of monkfish DAS according to the
provisions of Sec. 648.10(b) or (c), whichever applies. If the appeal
is finally denied, the Regional Administrator shall send a notice of
final denial to the vessel owner; the authorizing letter shall become
invalid 5 days after receipt of the notice of denial. If the appeal is
finally approved, any DAS used during pendency of the appeal shall be
deducted from the vessel's annual allocation of monkfish DAS for that
fishing year.
(ii) Monkfish incidental catch vessels (Category E). A vessel of
the United States that is subject to these regulations and that has not
been issues a limited access monkfish permit under paragraph
(a)(9)(i)(A) of this section, is eligible for and may be issued a
monkfish incidental catch (Category E) permit to fish for, possess, or
land monkfish subject to the restrictions in Sec. 648.94(c).
* * * * *
4. In Sec. 648.9, paragraph (c)(2)(i)(C) is revised, and paragraph
(c)(2)(i)(D) is added to read as follows:
Sec. 648.9 VMS requirements.
* * * * *
(c) * * *
(2) * * *
(i) * * *
(C) The vessel has been issued an Atlantic herring permit, and is
in port, unless required by other permit requirements for other
fisheries to transmit the vessel's location at all times; or
(D) For vessels electing to fish under the Offshore Fishery Program
in the SFMA, as specified under Sec. 648.95, and that have been issued
a valid monkfish limited access Category F permit, the vessel owner
signs out of the VMS program for a minimum period of 30 days by
obtaining a valid letter of exemption pursuant to paragraph (c)(2)(ii)
of this section, provided the vessel does not sign out of the VMS
program during the Offshore Fishery Program season specified at Sec.
648.95(d), does not engage in any fisheries for which VMS is required,
and the vessel complies with all conditions and requirements of said
letter.
* * * * *
5. In Sec. 648.10, paragraph (c)(1) is revised and paragraph
(b)(1)(ix) is added to read as follows:
Sec. 648.10 DAS notification requirements.
* * * * *
(b) * * *
(1) * * *
(ix) A limited access monkfish vessel electing to fish in the
Offshore Fishery Program in the SFMA, as provided in Sec. 648.95.
* * * * *
(c) * * *
(1) Less than 1 hour prior to leaving port, for vessels issued a
limited access NE multispecies DAS permit or, for vessels issued a
limited access NE multispecies DAS permit and a limited access monkfish
permit (Category C, D, F, G, or H), unless otherwise specified in this
paragraph (c)(1), and, prior to leaving port for vessels issued a
limited access monkfish Category A or B permit, the vessel owner or
authorized representative must notify the Regional Administrator that
the vessel will be participating in the DAS program by calling the
Regional Administrator and providing the following information: Owner
and caller name and phone number, vessel's name and permit number, type
of trip to be taken, port of departure, and that the vessel is
beginning a trip. A DAS begins once the call has been received and a
confirmation number is given by the Regional Administrator, or when a
vessel leaves port, whichever occurs first, unless otherwise specified
in paragraph (c)(6) of this section. Vessels issued a limited access
monkfish Category C, D, F, G, or H permit that are allowed to fish as a
Category A or B vessel in accordance with the provisions of Sec.
648.92(b)(2)(i), are subject to the call-in notification requirements
for limited access monkfish Category A or B vessels specified under
this paragraph (c)(1) for those monkfish DAS where there is not a
concurrent NE multispecies DAS.
* * * * *
6. In Sec. 648.14, the introductory sentence of paragraph (y) is
revised, paragraphs (a)(125), (x)(8), (y)(1)(iii), (y)(3), (y)(7) and
(y)(21) are revised, and paragraph (y)(1)(iv) is added to read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(a)* * *
[[Page 2596]]
(125) For vessels issued a limited access NE multispecies permit,
or those issued a limited access NE multispecies permit and a limited
access monkfish permit (Category C, D, F, G, or H), but are not fishing
under the limited access monkfish Category A or B provisions as allowed
under Sec. 648.92(b)(2), call into the DAS program prior to 1 hour
before leaving port.
* * * * *
(x) * * *
(8) Monkfish. All monkfish retained or possessed on a vessel issued
any permit under Sec. 648.4 are deemed to have been harvested from the
EEZ, unless the preponderance of evidence demonstrates that such fish
were harvested by a vessel that fished exclusively in the NAFO
Regulatory Area, as authorized under Sec. 648.17.
* * * * *
(y) In addition to the general prohibitions specified in Sec.
600.725 of this chapter and in paragraph (a) of this section, it is
unlawful for any person owning or operating a vessel that engages in
fishing for monkfish to do any of the following, unless otherwise
fishing in accordance with, and exempted under, the provisions of Sec.
648.17:
(1) * * *
(iii) The monkfish were harvested in or from the EEZ by a vessel
not issued a Federal monkfish permit that engaged in recreational
fishing; or
(iv) The monkfish were harvested from the NAFO Regulatory Area in
accordance with the provisions specified under Sec. 648.17.
* * * * *
(3) Sell, barter, trade, or otherwise transfer, or attempt to sell,
barter, trade, or otherwise transfer for a commercial purpose, any
monkfish without having been issued a valid monkfish vessel permit,
unless the vessel fishes for monkfish exclusively in state waters, or
exclusively in the NAFO Regulatory Area in accordance with the
provisions specified under Sec. 648.17.
* * * * *
(7) Fail to comply with the area restrictions applicable to limited
access Category G and H vessels specified under Sec. 648.92(b)(9).
* * * * *
(21) Fail to comply with the area declaration requirements
specified at Sec. Sec. 648.93(b)(2) and 648.94(f) when fishing under
a scallop, NE multispecies or monkfish DAS exclusively in the NFMA
under the less restrictive monkfish possession limits of that area.
* * * * *
7. Section 648.17 is revised to read as follows:
Sec. 648.17 Exemptions for vessels fishing in the NAFO Regulatory Area.
(a) Fisheries included under exemption. (1) NE Multispecies. A
vessel issued a valid High Seas Fishing Compliance permit under 50 CFR
part 300 and that complies with the requirements specified in paragraph
(b) of this section, is exempt from NE multispecies permit, mesh size,
effort-control, and possession limit restrictions, specified in
Sec. Sec. 648.4, 648.80, 648.82 and 648.86, respectively, while
transiting the EEZ with NE multispecies on board the vessel, or landing
NE multispecies in U.S. ports that were caught while fishing in the
NAFO Regulatory Area.
(2) Monkfish. A vessel issued a valid High Seas Fishing Compliance
permit under 50 CFR part 300 and that complies with the requirements
specified in paragraph (b) of this section is exempt from monkfish
permit, mesh size, effort-control, and possession limit restrictions,
specified in Sec. Sec. 648.4, 648.91, 648.92 and 648.94, respectively,
while transiting the EEZ with monkfish on board the vessel, or landing
monkfish in U.S. ports that were caught while fishing in the NAFO
Regulatory Area.
(b) General requirements. (1) The vessel operator has a letter of
authorization issued by the Regional Administrator on board the vessel;
(2) For the duration of the trip, the vessel fishes, except for
transiting purposes, exclusively in the NAFO Regulatory Area and does
not harvest fish in, or possess fish harvested in, or from, the EEZ;
(3) When transiting the EEZ, all gear is properly stowed in
accordance with one of the applicable methods specified in Sec.
648.23(b); and
(4) The vessel operator complies with the High Seas Fishing
Compliance permit and all NAFO conservation and enforcement measures
while fishing in the NAFO Regulatory Area.
8. In Sec. 648.80, paragraph (b)(5)(i)(B) is revised to read as
follows:
Sec. 648.80 NE multispecies regulated mesh areas and restrictions on
gear and methods of fishing.
* * * * *
(b) * * *
(5) * * *
(i) * * *
(B) All trawl nets must comply with the minimum mesh size specified
under Sec. 648.91(c)(1)(i).
* * * * *
9. In Sec. 648.82, paragraph (k)(4)(vi) is revised to read as follows:
Sec. 648.82 Effort-control program for NE multispecies limited access
vessels.
* * * * *
(k) * * *
(4) * * *
(vi) Monkfish Category C, D, F, G and H vessels. A vessel that
possesses a valid limited access NE multispecies DAS permit and a valid
limited access monkfish Category C, D, F, G or H permit and leases NE
multispecies DAS to or from another vessel is subject to the
restrictions specified in Sec. 648.92(b)(2).
* * * * *
10. In Sec. 648.91, paragraph (c)(1)(ii) and (iv) are revised, and
paragraph (c)(3) is added to read as follows:
Sec. 648.91 Monkfish regulated mesh areas and restrictions on gear
and methods of fishing.
* * * * *
(c) * * *
(1) * * *
(ii) Trawl nets while on a monkfish and NE multispecies DAS. For
vessels issued a Category C, D, G or H limited access monkfish permit
and fishing with trawl gear under both a monkfish and NE multispecies
DAS, the minimum mesh size is that allowed under regulations governing
mesh size at Sec. 648.80(a)(3), (a)(4), (b)(2)(i), or (c)(2)(i),
depending upon, and consistent with, the NE multispecies regulated mesh
area being fished, unless otherwise specified in this paragraph
(c)(1)(ii). Trawl vessels participating in the Offshore Fishery
Program, as described in Sec. 648.95, and that have been issued a
Category F monkfish limited access permit, are subject to the minimum
mesh size specified in paragraph (c)(1)(i) of this section.
* * * * *
(iv) 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.
* * * * *
(3) SFMA trawl roller gear restriction. The roller gear diameter on
any vessel on a monkfish DAS in the SFMA may not exceed 6 inches (15.2
cm) in diameter.
11. In Sec. 648.92, paragraphs (b)(1)(i), (b)(2), (b)(6), and
(b)(8)(i)(B) are revised; paragraphs (b)(1)(iii) and (iv), (b)(9) and
(c) are added; and paragraph (b)(5) is removed and reserved to read as
follows:
[[Page 2597]]
Sec. 648.92 Effort-control program for monkfish limited access vessels.
* * * * *
(b) * * *
(1) * * *
(i) General provision. All limited access monkfish permit holders
shall be allocated monkfish DAS each fishing year to be used in
accordance with the restrictions of this paragraph (b), unless modified
by paragraph (b)(1)(ii) of this section according to the provisions
specified at Sec. 648.96(b)(3). The number of monkfish DAS to be
allocated, before accounting for any such modification, is 40 DAS minus
the amount calculated in paragraph (b)(1)(iv) of this section, unless
the vessel is enrolled in the Offshore Fishery Program in the SFMA, as
specified in paragraph (b)(1)(iii) of this section. Limited access NE
multispecies and limited access sea scallop permit holders who also
possess a valid limited access monkfish permit must use a NE
multispecies or sea scallop DAS concurrently with their monkfish DAS,
except as provided in paragraph (b)(2) of this section, unless
otherwise specified under this part F.
* * * * *
(iii) Offshore Fishery Program DAS allocation. A vessel issued a
Category F permit, as described in Sec. 648.95, shall be allocated a
pro-rated number of DAS as specified at Sec. 648.95(g)(2).
(iv) Research DAS set-aside. A total of 500 DAS will be available
for cooperative research programs as described in paragraph (c) of this
section. These DAS will be deducted from the total number of DAS
allocated to all monkfish limited access permit holders, as specified
under paragraph (b)(1)(i) of this section. A per vessel deduction will
be determined as follows: Allocated DAS minus the quotient of 500 DAS
divided by the total number of limited access permits issued in the
previous fishing year. For example, if the DAS allocation equals 40 DAS
and if there are 750 limited access permits issued in FY 2004, the
number of DAS allocated to each vessel in FY 2005 will be 40 DAS minus
(500 DAS divided by 750 permits), or 40 DAS minus 0.7 DAS, or 39.3 DAS.
(2) Category C, D, F, G or H limited access monkfish permit
holders. (i) Unless otherwise specified in paragraph (b)(2)(ii) of this
section, each monkfish DAS used by a limited access NE multispecies or
scallop DAS vessel holding a Category C, D, F, G or H limited access
monkfish permit shall also be counted as a NE multispecies or scallop
DAS, as applicable, except when a Category C, D, F, G or H vessel with
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. Under this circumstance, the vessel may fish
under the monkfish limited access Category A or B provisions, as
applicable, for the number of DAS that equal the difference between the
number of its allocated monkfish DAS and the number of its allocated NE
multispecies Category A DAS. For such vessels, when the total
allocation of NE multispecies Category A DAS has been used, a monkfish
DAS may be used without concurrent use of a NE multispecies DAS. (For
example, if a monkfish Category D vessel's NE multispecies Category A
DAS allocation is 30, and the vessel fished 30 monkfish DAS, 30 NE
multispecies Category A DAS would also be used, unless otherwise
authorized under Sec. 648.85(b)(6). However, after all 30 NE
multispecies Category A DAS are used, the vessel may utilize its
remaining 10 monkfish DAS to fish on monkfish, without a NE
multispecies DAS being used, provided that the vessel fishes under the
regulations pertaining to a Category B vessel and does not retain any
regulated NE multispecies.)
(ii) Category C, D, F, G or H vessels that lease NE multispecies
DAS. (A) A monkfish Category C, D, F, G or H vessel that has
``monkfish-only'' DAS, as specified in paragraph (b)(2)(i) of this
section, and that leases NE multispecies DAS from another vessel
pursuant to Sec. 648.82(k), is required to fish its available
``monkfish-only'' DAS in conjunction with its leased NE multispecies
DAS, to the extent that the vessel has NE multispecies DAS available.
(B) A monkfish Category C, D, F, G or H vessel that leases DAS to
another vessel(s), pursuant to Sec. 648.82(k), is required to forfeit
a monkfish DAS for each NE multispecies DAS that the vessel leases,
equal in number to the difference between the number of remaining
multispecies DAS and the number of unused monkfish DAS at the time of
the lease. For example, if a lessor vessel, which had 40 unused
monkfish DAS and 47 allocated multispecies DAS, leased 10 of its
multispecies DAS, the lessor would forfeit 3 of its monkfish DAS (40
monkfish DAS - 37 multispecies DAS = 3) because it would have 3 fewer
multispecies DAS than monkfish DAS after the lease.
* * * * *
(5) [Reserved]
(6) Declaring monkfish DAS. A vessel's owner or authorized
representative shall notify the Regional Administrator of a vessel's
participation in the monkfish DAS program using the notification
requirements specified in Sec. 648.10.
* * * * *
(8) * * *
(i) * * *
(B) Category C, D, F, G and H vessels that possess a limited access
NE multispecies permit. A vessel issued a valid monkfish limited access
Category C, D, F, G or H permit that possesses a valid limited access
NE multispecies permit and fishing under a monkfish DAS may not fish
with, haul, possess, or deploy more than 150 gillnets. A vessel issued
a NE multispecies limited access permit and a limited access monkfish
permit, and fishing under a monkfish DAS, may fish any combination of
monkfish, roundfish, and flatfish gillnets, up to 150 nets total,
provided that the number of monkfish, roundfish, and flatfish gillnets
is consistent with the limitations of Sec. 648.82. Nets may not be
longer than 300 ft (91.4 m), or 50 fathoms, in length.
(9) Category G and H limited access permit holders. (i) Vessels
issued limited access Category G and H permits shall be restricted to
fishing on a monkfish DAS in the area south of 38[deg]20' N. lat.
(ii) Vessels issued valid limited access monkfish Category G or H
permit that also possess a limited access multispecies or limited
access scallop permit are subject to the same provisions as Category C
or D vessels, respectively, unless otherwise stated under this part.
(c) Monkfish research--(1) DAS Set-Aside Program. (i) NMFS will
publish a Request for Proposals (RFP) in the Federal Register at least
3 months prior to the start of the upcoming fishing year, consistent
with procedures and requirements established by the NOAA Grants Office,
to solicit proposals from industry for the upcoming fishing year, based
on research priorities identified by the Councils.
(ii) NMFS shall convene a review panel that may include members of
the Councils' Monkfish Oversight Committee, the Council's Research
Steering Committee, and other technical experts, to review proposals
submitted in response to the RFP.
(A) Each panel member shall recommend which research proposals
should be authorized to utilize the research DAS set aside in
accordance with paragraph (b)(1)(iv) of this section, based on the
selection criteria described in the RFP.
[[Page 2598]]
(B) The Regional Administrator and the NOAA Grants Office shall
consider each panel member's recommendation, provide final approval of
the projects and exempt selected vessel(s) from regulations specified
in each of the respective FMPs through written notification to the
project proponent.
(iii) The grant awards approved under the RFPs shall be for the
upcoming fishing year. Proposals to fund research that would start
prior to the fishing year are not eligible for consideration. Multi-
year grant awards may be approved under an RFP for an upcoming fishing
year, so long as the research DAS available under subsequent RFPs are
adjusted to account for the approval of multi-year awards. All research
trips shall be completed within the fishing year(s) for which the
research grant was awarded.
(iv) Research projects shall be conducted in accordance with
provisions approved and provided in an Exempted Fishing Permit (EFP)
issued by the Regional Administrator, as authorized under Sec.
600.745(b)(2).
(v) If the Regional Administrator determines that the annual
allocation of research DAS will not be used in its entirety once all of
the grant awards have been approved, the Regional Administrator shall
reallocate the unallocated research DAS as exempted DAS to be
authorized as described in paragraph (c)(2) of this section.
(iv) For proposals that require other regulatory exemptions that
extend beyond the scope of the analysis contained in the Monkfish FMP,
subsequent amendments, or framework adjustments, applicants may be
required to provide additional analysis of the impacts of the requested
exemptions before issuance of an EFP will be considered.
(2) DAS Exemption Program. (i) Vessels that seek to conduct
monkfish research within the current fishing year, and that were not
included in the RFP process during the previous fishing year, may seek
exemptions from monkfish DAS for the purpose of conducting exempted
fishing activities, as authorized at Sec. 600.745(b), under the
following conditions and restrictions:
(A) The request for a monkfish DAS exemption must be submitted
along with a complete application for an EFP to the Regional
Administrator. The requirements for submitting a complete EFP
application are provided in Sec. 600.745(b)(2).
(B) Exempted DAS must be available for usage. Exempted DAS shall
only be made available by the Regional Administrator if it is
determined that the annual set-aside of research DAS will not be used
in its entirety, as described in paragraph (c)(1)(v) of this section.
If exempted DAS are not available for usage, the applicant may continue
to seek an exemption from monkfish DAS, but may be required to conduct
an analysis of the impacts associated with the monkfish DAS exemption
request before issuance of the EFP application will be considered.
(C) For EFP applications that require other regulatory exemptions
that extend beyond the scope of the analysis contained in the Monkfish
FMP, subsequent amendments, or framework adjustments, applicants may be
required to provide additional analysis of the impacts of the requested
exemptions before issuance of an EFP will be considered.
(ii) Monkfish DAS exemption requests shall be reviewed and approved
by the Regional Administrator in the order in which they are received.
12. In Sec. 648.93, paragraph (b) is revised to read as follows:
Sec. 648.93 Monkfish minimum fish sizes.
* * * * *
(b) Minimum fish size. The minimum fish size for all vessels is 17
inches (43.2 cm) total length/11 inches (27.9 cm) tail length.
13. In Sec. 648.94, paragraphs (b)(2)(i), (ii) and (iii),
(b)(3)(i) and (ii), (b)(5), (b)(6), and (c) are revised, and paragraph
(b)(2)(iv) is added to read as follows:
Sec. 648.94 Monkfish possession and landing restrictions.
* * * * *
(b) * * *
(2) * * *
(i) Category A, C, and G vessels. Category A, C, and G vessels
fishing under the monkfish DAS program in the SFMA may land up to 550
lb (250 kg) tail-weight or 1,826 lb (828 kg) whole weight of monkfish
per monkfish DAS (or any prorated combination of tail-weight and whole
weight based on the conversion factor for tail-weight to whole weight
of 3.32), unless modified pursuant to Sec. 648.96(b)(2)(ii).
(ii) Category B, D, and H vessels. Category B, D and H vessels
fishing under the monkfish DAS program in the SFMA may land up to 450
lb (204 kg) tail-weight or 1,494 lb (678 kg) whole weight of monkfish
per monkfish DAS (or any prorated combination of tail-weight and whole
weight based on the conversion factor for tail-weight to whole weight
of 3.32), unless modified pursuant to Sec. 648.96(b)(2)(ii).
(iii) Category F vessels. Vessels issued a Category F permit are
subject the possession and landing restrictions specified at Sec.
648.95(g)(1).
(iv) Administration of landing limits. A vessel owner or operator
may not exceed the monkfish trip limits as specified in paragraphs
(b)(2)(i) through (iii) of this section per monkfish DAS fished, or any
part of a monkfish DAS fished.
(3) Category C, D, F, G and H vessels fishing under the
multispecies DAS program.--(i) NFMA--(A) Category C and D vessels.
There is no monkfish trip limit for a Category C or D vessel that is
fishing under a NE multispecies DAS exclusively in the NFMA.
(B) Category, F, G and H vessels. Vessels issues a Category F, G or
H permit that are fishing under a multispecies DAS in the NFMA are
subject to the incidental catch limit specified in paragraph (c)(1)(i)
of this section.
(ii) SFMA--(A) Category C, D, and F vessels. If any portion of a
trip is fished only under NE a multispecies DAS, and not under a
monkfish DAS, in the SFMA, a Category C, D, or F vessel may land up to
300 lb (136 kg) tail-weight or 996 lb (452 kg) whole weight of monkfish
per DAS if trawl gear is used exclusively during the trip, or 50 lb (23
kg) tail-weight or 166 lb (75 kg) whole weight per DAS if gear other
than trawl gear is used during the trip.
(B) Category G and H vessels. Vessels issues a Category G or H
permit that are fishing under a multispecies DAS in the SFMA are
subject to the incidental catch limit specified in paragraph (c)(1)(ii)
of this section.
* * * * *
(5) Category C, D, G, or H scallop vessels declared into the
monkfish DAS program without a dredge on board, or not under the net
exemption provision. Category C, D, G or H vessels that have declared
into the monkfish DAS program and that do not fish with or have a
dredge on board, or that are not fishing with a net under the net
exemption provision specified in Sec. 648.51(f), are subject to the
same landing limits as specified in paragraphs (b)(1) and (b)(2) of
this section, or the landing limit specified in Sec. 648.95(g)(1), if
issued a Category F permit. Such vessels are also subject to provisions
applicable to Category A and B vessels fishing only under a monkfish
DAS, consistent with the provisions of this part.
(6) Vessels not fishing under a NE multispecies, scallop or
monkfish DAS. The possession limits for all limited access monkfish
vessels when not fishing under a multispecies, scallop, or monkfish DAS
are the same as the possession limits for a vessel issued a monkfish
incidental catch permit
[[Page 2599]]
specified under paragraphs (c)(3) through (c)(6) of this section.
* * * * *
(c) Vessels issued a monkfish incidental catch permit--(1) Vessels
fishing under a multispecies DAS--(i) NFMA. Vessels issued a monkfish
incidental catch (Category E) permit, or issued a valid limited access
Category F, G or H permit, fishing under a multispecies DAS exclusively
in the NFMA may land up to 400 lb (181 kg) tail weight or 1,328 lb (602
kg) whole weight of monkfish per DAS, or 50 percent (where the weight
of all monkfish is converted to tail weight) of the total weight of
fish on board, whichever is less. For the purposes of converting whole
weight to tail weight, the amount of whole weight possessed or landed
is divided by 3.32.
(ii) SFMA. If any portion of the trip is fished by a vessel issued
a monkfish incidental catch (Category E) permit, or issued a valid
limited access Category G or H permit, under a multispecies DAS in the
SFMA, the vessel may land up to 50 lb (23 kg) tail-weight or 166 lb (75
kg) whole weight of monkfish per DAS (or any prorated combination of
tail-weight and whole weight based on the conversion factor).
(2) Scallop vessels fishing under a scallop DAS. A scallop vessel
issued a monkfish incidental catch (Category E) permit, or issued a
valid limited access Category G or H permit, fishing under a scallop
DAS may land up to 300 lb (136 kg) tail-weight or 996 lb (452 kg) whole
weight of monkfish per DAS (or any prorated combination of tail-weight
and whole weight based on the conversion factor).
(3) Vessels fishing with large mesh and not fishing under a
monkfish, NE multispecies or scallop DAS--(i) A vessel issued a valid
monkfish incidental catch (Category E) permit fishing in the GOM or GB
RMAs, or the SNE RMA east of the MA Exemption Area boundary with mesh
no smaller than specified at Sec. 648.80(a)(3)(i), (a)(4)(i), and
(b)(2)(i), respectively, while not on a monkfish, NE multispecies, or
scallop DAS, may possess, retain, and land monkfish (whole or tails)
only up to 5 percent (where the weight of all monkfish is converted to
tail weight) of the total weight of fish on board. For the purposes of
converting whole weight to tail weight, the amount of whole weight
possessed or landed is divided by 3.32.
(ii) A vessel issued a valid monkfish incidental catch (Category E)
permit fishing in the SNE and MA RMAs west of the MA Exemption Area
boundary with mesh no smaller than specified at Sec. 648.104(a)(1)
while not on a monkfish, NE multispecies, or scallop DAS, may possess,
retain, and land monkfish (whole or tails) only up to 5 percent (where
the weight of all monkfish is converted to tail weight) of the total
weight of fish on board, but not to exceed 450 lb (204 kg) tail-weight
or 1,494 lb (678 kg) whole weight of monkfish. For the purposes of
converting whole weight to tail weight, the amount of whole weight
possessed or landed is divided by 3.32.
(4) Vessels fishing with small mesh and not fishing under a
monkfish, NE multispecies or scallop DAS. A vessel issued a valid
monkfish incidental catch (Category E) permit fishing with mesh smaller
than the mesh size specified by area in paragraph (c)(3) of this
section, while not on a monkfish, NE multispecies, or scallop DAS, may
possess, retain, and land only up to 50 lb (23 kg) tail-weight or 166
lb (75 kg) whole weight of monkfish per day or partial day, not to
exceed 150 lb (68 kg) per trip.
(5) Small vessels. A vessel issued a limited access NE multispecies
permit and a valid monkfish incidental catch (Category E) permit that
is < 30 ft (9.1 m) in length and that elects not to fish under the NE
multispecies DAS program may possess, retain, and land up to 50 lb (23
kg) tail-weight or 166 lb (75 kg) whole weight of monkfish per day or
partial day, not to exceed 150 lb (68 kg) per trip.
(6) Vessels fishing with handgear. A vessel issued a valid monkfish
incidental catch (Category E) permit and fishing exclusively with rod
and reel or handlines with no other fishing gear on board, while not on
a monkfish, NE multispecies, or scallop DAS, may possess, retain, and
land up to 50 lb (23 kg) tail-weight or 166 lb (75 kg) whole weight of
monkfish per day or partial day, not to exceed 150 lb (68 kg) per trip.
(7) Vessels fishing with surfclam or ocean quahog dredge gear. A
vessel issued a valid monkfish incidental catch (Category E) permit and
a valid surfclam or ocean quahog permit, while fishing exclusively with
a hydraulic clam dredge or mahogany quahog dredge, may possess, retain,
and land up to 50 lb (23 kg) tail-weight or 166 lb (75 kg) whole weight
of monkfish per day or partial day, not to exceed 150 lb (68 kg) per trip.
(8) General Category Scallop vessels. A vessel issued a valid
monkfish incidental catch (Category E) permit and a valid General
Category Scallop permit, while fishing exclusively with scallop dredge
as specified in Sec. 648.51(b), may possess, retain, and land up to 50
lb (23 kg) tail-weight or 166 lb (75 kg) whole weight of monkfish per
day or partial day, not to exceed 150 lb (68 kg) per trip.
* * * * *
14. Section 648.95 is added to read as follows:
Sec. 648.95 Offshore Fishery Program in the SFMA.
(a) General. Any vessel issued a valid monkfish limited access
permit is eligible to apply for a Category F permit in order to fish in
the Offshore Fishery Program in the SFMA.
(1) A vessel issued a Category F permit is subject to the specific
provisions and conditions of this section while fishing on a monkfish DAS.
(2) When not fishing on a monkfish DAS, a Category F vessel may
fish under the regulations applicable to the monkfish incidental catch
(Category E) permit, specified under paragraph Sec. 648.94(c) of this
section. When fishing on a NE multispecies DAS in the NFMA, a Category
F vessel that also possesses a NE multispecies limited access permit is
subject to the possession limits applicable to vessels issued an
incidental catch permit as described in Sec. 648.94(c)(1)(i).
(3) Limited access Category C or D vessels that apply for and are
issued a Category F permit remain subject to the provisions specific to
Category C and D vessels, unless otherwise specified under this part.
(b) Declaration. A vessel intending to fish in, or fishing in, the
Offshore Fishery Program must obtain a monkfish limited access Category
F permit and fish under this permit for the entire fishing year,
subject to the conditions and restrictions specified under this part.
For fishing year 2005, the owner of a vessel, or authorized
representative, may change its previous 2005 limited access monkfish
permit category to permit Category F within 45 days of the effective
date of the final rule implementing Amendment 2, provided the vessel
has not fished under the monkfish DAS program during the 2005 fishing
year.
(c) Offshore Fishery Program Area. The Offshore Fishery Program
Area is bounded on the south by 38[deg]00 N. lat., and on the north,
west and east by the area coordinates specified in Sec. 648.23(a).
(d) Season. October 1 through April 30 each year.
(e) Restrictions. (1) Except for the transit provisions provided
for in paragraph (f) of this section, a vessel issued a valid Category
F permit may only fish for, possess, and land monkfish in or from the
Offshore
[[Page 2600]]
Fishery Program Area while on a monkfish DAS.
(2) A vessel enrolled in the Offshore Fishery Program is restricted
to fishing under its monkfish DAS during the season in paragraph (d) of
this section.
(3) Gear. A vessel issued a Category F permit that is fishing on a
monkfish DAS is subject to the minimum mesh size requirements
applicable to limited access monkfish Category A and B vessels, as
specified under Sec. 648.91(c)(1)(i) and (iii), as well as the other
gear requirements specified in paragraphs (c)(2) and (3) of that section.
(4) VMS. A vessel issued a Category F permit must have installed on
board an operational VMS unit that meets the minimum performance
criteria specified in Sec. Sec. 648.9 and 648.10.
(f) Transiting. A vessel issued a Category F permit and fishing
under a monkfish DAS that is transiting to or from the Offshore Fishery
Program Area, described in paragraph (c)(1) of this section, shall have
all gear stowed and not available for immediate use in accordance with
the gear stowage provisions described in Sec. 648.23(b).
(g) Monkfish possession limits and DAS allocations. (1) A vessel
issued a Category F permit may land up to1,600 lb (726 kg) tail-weight
or 5,312 lb (2,409 kg) whole weight of monkfish per monkfish DAS (or
any prorated combination of tail-weight and whole weight based on the
conversion factor of 3.32 times tail-weight).
(2) The monkfish DAS allocation for vessels issued a Category F
permit shall be based on a proration of the trip limit applicable to
the vessel's monkfish limited access permit category in relation to the
fixed daily possession limit specified in paragraph (g)(1) of this
section multiplied by the DAS allocation for limited access monkfish
vessels not issued Category F permits, specified under Sec.
648.92(b)(1). For example, if a vessel has a limited access monkfish
Category C permit, and the applicable trip limit is 800 lb (363 kg) for
this category, and the vessel has an annual allocation of 40 monkfish
DAS, then the monkfish DAS allocated to that vessel when issued a
Category F permit would be 20 monkfish DAS (800 lb/1,600 lb x 40
monkfish DAS = 20 DAS). Any carryover monkfish DAS will be included in
the proration calculation.
(3) Incidental catch limit when fishing under a multispecies DAS in
the NFMA. Vessels issues a Category F permit that are fishing under a
multispecies DAS in the NFMA are subject to the incidental catch limit
specified in paragraph (c)(1)(i) of this section.
(h) DAS usage by NE multispecies or sea scallop limited access
permit holders. A vessel issued a Category F permit that also has been
issued either a NE multispecies or sea scallop limited access permit,
and is fishing on a monkfish DAS, is subject to the DAS usage
requirements specified in Sec. 648.92(b)(2).
15. In Sec. 648.96, paragraph (c)(1)(i) is revised to read as follows:
Sec. 648.96 Monkfish annual adjustment process and framework
specifications.
* * * * *
(c) * * *
(1) * * *
(i) Based on their annual review, the MFMC may develop and
recommend, in addition to the target TACs and management measures
established under paragraph (b) of this section, other options
necessary to achieve the Monkfish FMP's goals and objectives, which may
include a preferred option. The MFMC must demonstrate through analysis
and documentation that the options it develops are expected to meet the
Monkfish FMP goals and objectives. The MFMC may review the performance
of different user groups or fleet sectors in developing options. The
range of options developed by the MFMC may include any of the
management measures in the Monkfish FMP, including, but not limited to:
Closed seasons or closed areas; minimum size limits; mesh size limits;
net limits; liver-to-monkfish landings ratios; annual monkfish DAS
allocations and monitoring; trip or possession limits; blocks of time
out of the fishery; gear restrictions; transferability of permits and
permit rights or administration of vessel upgrades, vessel replacement,
or permit assignment; measures to minimize the impact of the monkfish
fishery on protected species; gear requirements or restrictions that
minimize bycatch or bycatch mortality; transferable DAS programs; and
other frameworkable measures included in Sec. Sec. 648.55 and 648.90.
* * * * *
16. Section 648.97 is added to read as follows:
Sec. 648.97 Closed areas.
(a) Oceanographer Canyon Closed Area. No fishing vessel or person
on a fishing vessel may enter, fish, or be in the area known as
Oceanographer Canyon Closed Area (copies of a chart depicting this area
are available from the Regional Administrator upon request), as defined
by straight lines connecting the following points in the order stated,
while on a monkfish DAS:
Oceanographer Canyon Closed Area
------------------------------------------------------------------------
W.
Point N. Lat. Long.
------------------------------------------------------------------------
OC1 40[deg]
68[deg]
10' 12'
OC2 40[deg]
68[deg]
24' 09'
OC3 40[deg]
68[deg]
24' 08'
OC4 40[deg]
67[deg]
10' 59'
OC1 40[deg]
68[deg]
10' 12'
------------------------------------------------------------------------
(b) Lydonia Canyon Closed Area. No fishing vessel or person on a
fishing vessel may enter, fish, or be in the area known as Lydonia
Canyon Closed Area (copies of a chart depicting this area are available
from the Regional Administrator upon request), as defined by straight
lines connecting the following points in the order stated, while on a
monkfish DAS:
Oceanographer Canyon Closed Area
------------------------------------------------------------------------
W.
Point N. Lat. Long.
------------------------------------------------------------------------
LC1 40[deg]
67[deg]
16' 34'
LC2 40[deg]
67[deg]
16' 42'
LC3 40[deg]
67[deg]
20' 43'
LC4 40[deg]
67[deg]
27' 40'
LC1 40[deg]
67[deg]
27' 38'
LC1 40[deg]
67[deg]
16' 34'
------------------------------------------------------------------------
[FR Doc. 05-755 Filed 1-13-05; 8:45 am]
BILLING CODE 3510-22-S