[Federal Register Volume 62, Number 35 (Friday, February 21, 1997)]
[Proposed Rules]
[Pages 7991-7992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4265]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[I.D. 021097C]


New England Fishery Management Council; Mid-Atlantic Fishery 
Management Council; Public hearings

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

ACTION: Public hearings; request for comments.

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SUMMARY: The New England Fishery Management Council and the Mid-
Atlantic Fishery Management Council (Councils) will hold public 
hearings to receive comments on Amendment 9 to the Northeast 
Multispecies Fishery Management Plan (FMP). The Councils have 
determined a need for better management of the monkfish resource to 
stem the long-term decline in stock biomass, average size, and the 
proportion of mature fish. Management measures to reduce the catch of 
small monkfish will help resolve the problem, but additional reductions 
in landings and mortality are needed to stop overfishing. The Councils 
propose to reduce fishing effort in no more than 7 years through 
reductions in total allowable landings (TAL). The TAL reductions would 
be achieved through a combination of days-at-sea (DAS) limits, quotas, 
trip limits, limited access, size limits, and minimum mesh limits.

DATES: Written comments on Amendment 9 will be accepted through March 
14, 1997. Testimony may be presented at the public hearings, which are 
scheduled to be held from February 24 to March 10, 1997. See 
SUPPLEMENTARY INFORMATION for specific dates and times.

ADDRESSES: Direct written comments or requests for copies of the public 
hearing document, draft Amendment 9 document, or the draft Supplemental 
Environmental Impact Statement to Paul J. Howard, Executive Director, 
New England Fishery Management Council, 5 Broadway, Saugus, MA 01906; 
telephone 617/231-0422, or David Keifer, Executive Director, Mid-
Atlantic Fishery Management, 300 South New Street, Suite 2115, Dover, 
DE 19901; telephone 302/674-2331.
    The hearings will be held in Maine, New Hampshire, Massachusetts, 
Rhode Island, New York, New Jersey, Maryland, Virginia, and North 
Carolina. See SUPPLEMENTARY INFORMATION for locations of the hearings 
and special accommodations.

FOR FURTHER INFORMATION CONTACT: Paul J. Howard, 617-231-0422.

SUPPLEMENTARY INFORMATION:

Background

    Recent U.S. landings of monkfish have increased dramatically in 
response to an increase in the market value of the species in 
combination with the decline in abundance of traditional groundfish 
species. Most monkfish are taken as bycatch in the Northwest Atlantic 
groundfish and scallop fisheries, although directed effort is 
increasing. Directed effort is occurring in both deepwater (100-150 
fathoms) by otter trawls and in shoal waters by gillnets and scallop 
dredges. Interest in fishing for monkfish has been fueled by the 
valuable liver market and increasing market acceptance of small 
monkfish tails. This trend is expected to continue, especially as 
fishermen seek alternatives to the traditional scallop and groundfish 
fisheries, which are now strictly regulated.

Management Measures by Area

    Amendment 9 to the FMP would bring monkfish under Federal 
management authority throughout the Northeast region (Virginia to 
Maine). The Councils are proposing two management areas for monkfish, a 
northern fishery management area (NFMA) and a southern fishery 
management area (SFMA). The reason for the separation is partly based 
on the biological characteristics of the resource and partly based on 
the differences in fisheries in the Gulf of Maine versus areas to the 
south.
    TAL targets have been established for the two fishery management 
areas and are consistent with the monkfish overfishing definition and 
the rebuilding strategy adopted by the Councils. Different management 
measures would apply to vessels fishing in these two management areas.

Limited Access Program

    A limited access program for vessels that target and land large 
volumes of monkfish would be based on historic participation from 
February 28, 1991, to February 27, 1995 (the monkfish control date). 
Vessels must comply with the control date guidelines to be eligible for 
qualification. These limited access vessels could target monkfish under 
a seasonal quota or under a limited number of DAS, depending on the 
management measures in the final amendment.

Monkfish Selectivity

    Limited access vessels would be required to use at least 10-inch 
(25.4-cm) square or 12-inch (30.5-cm) diamond mesh to target monkfish. 
This requirement is necessary to reduce the groundfish bycatch below 
the 5 percent threshold for a certified fishery as specified by 
Amendment 7 to the Multispecies FMP.
    Amendment 9, which takes into account the effect of large mesh on 
bycatch, may open the monkfish limited access fishery in some areas. 
Other areas

[[Page 7992]]

may remain closed due to the prevalence of groundfish. This action 
would also supersede the previous framework adjustments for certain 
monkfish fisheries (the adjustment allowing vessels to use 8-inch 
(20.3-cm) mesh to target monkfish south of 40 deg.10' N. latitude). The 
Councils, therefore, anticipate that the limited access monkfish 
fishery could operate with 10-inch (25.4-cm) square and 12-inch (30.5-
cm) diamond mesh in many areas, but other monkfish fisheries would 
require certification by the Regional Administrator according to the 
regulations established by Amendment 7.
    Monkfish mesh selectivity with these large mesh nets is unknown. 
The body shape of monkfish, however, prevents even large changes in 
minimum mesh size from substantially improving monkfish selectivity. 
The proposed management alternatives, therefore, rely more on ceilings 
for total landings, trip limits and size limits to reduce fishing 
mortality.

Summary of Management Measures

    The Councils prefer alternative 3 because it would not allow 
multispecies vessels to target monkfish, except under the multispecies 
DAS program. It also relies less on trip limits to control monkfish 
bycatch. Alternatives 1 and 4 are non-preferred. Both would meet the 
biological objectives but they would require lower trip limits to 
allocate more monkfish for the limited access fishery. This approach 
could cause increased discarding of monkfish, which would be 
unavoidable when vessels are fishing for other species.
    The Councils considered but rejected Alternative 2 and a no action 
alternative. Alternative 2 would meet the management objectives for 
monkfish and allow some targeting of monkfish by vessels in the 
groundfish and scallop fisheries. It would not, however, prevent 
intensified fishing effort on monkfish. The no- action alternative 
would not prevent overfishing, would not meet the management objectives 
for monkfish, nor would it prevent increased fishing effort.

Management Measures Common to All Alternatives

    1. TAL for the NFMA of 3,000 mt beginning on July 1, 1997. Future 
TALs reflect reductions in expected bycatch, while the limited access 
TAL allocations would remain constant.
    2. TAL for the SFMA of 6,000 mt beginning on July 1, 1997. Future 
TALs reflect reductions in expected bycatch, while the limited access 
TAL allocations would remain constant.
    3. A limited access program to control the number of vessels 
targeting monkfish with seasonal monkfish quotas or limits on the 
number of DAS for each qualifying vessel.
    4. Minimum size limits--14 inches (35.6 cm) tail length, or 21 
inches (53.3 cm) total length.
    5. Landings of monkfish livers--25 percent of the total weight of 
tails, or 10 percent of the total weight of whole fish.
    6. Dealer and vessel permitting requirements.
    7. Mandatory reporting of landings and effort for each fishing 
trip.
    8. A framework adjustment procedure to modify area closures, 
minimum size limits, minimum mesh sizes, liver ratios, bycatch trip 
limits, and other measures that regulate the limited access fisheries.

Management Alternatives

    The three alternatives differ in how bycatch is defined and how 
directed fishing effort is regulated. The draft Amendment 9 document 
describes these alternatives in more detail.

Alternative 1 - Non-preferred

    a. Trip limits and effort reductions, now in place, to manage the 
bycatch fisheries. The trip limits are specified by gear type, area, 
and permit category.
    b. Seasonal quotas for limited access vessels.

Alternative 3 - Preferred

    a. Unlike the other alternatives, monkfish would become a regulated 
multispecies and could be targeted by vessels with fleet or individual 
DAS. Monkfish would be a regulated species of concern, classified like 
cod, haddock, and yellowtail flounder.
    b. Vessels without multispecies permits may qualify for fleet or 
individual monkfish-only DAS allocations, based on their history 
targeting and landing monkfish.
    c. TALs are targets to be achieved through future adjustments to 
the management measures via the framework adjustment procedure.
    d. Scallopers could land 5,000 lb (2.27 mt) (tail weight) per trip, 
or 400 lb (0.18 mt) (tail weight) per DAS, whichever is less.

Alternative 4 - Non-preferred

    a. Qualifying vessels would be allocated fleet DAS to target 
monkfish. Multispecies vessels would be unable to target monkfish, 
unless they qualify based on their history of landing monkfish.
    b. Annual DAS amounts would be determined from the monkfish 
allocation for the limited access fishery.
    c. Trip limits for groundfish and scallop fisheries of 175 to 200 
lb (0.08 to 0.09 mt) tail weight per DAS would be allowed.

Public Hearings

    The dates, time, and locations of the hearings are scheduled as 
follows:
    1. Monday, February 24, 1997, 7 p.m.--Urban Forestry Center, 45 
Elwyn Road, Portsmouth, NH, telephone: 603/431-6774.
    2. Wednesday, February 26, 1997, 7 p.m.--Sheraton Fontainbleau 
Hotel, 10100 Coastal Highway, Ocean City, MD, telephone: 410/638-2100.
    3. Thursday, February 27, 1997, 7 p.m.--Double Tree Club Hotel, 880 
Military Highway, Norfolk, VA, telephone: 757/461-9192.
    4. Friday, February 28, 1997, 7 p.m.--Holiday Inn, 1001 Virginia 
Dare Trail, Nags Head, NC, telephone: 919/441-6333.
    5. Saturday, March 1, 1997, 10:30 a.m.--Samoset Resort, 220 
Warrenton Street, Rockport, ME, telephone: 207/594-2511.
    6. Monday, March 3, 1997, 7 p.m.--Howard Johnson Hotel, 955 Hooper 
Avenue, Toms River, NJ, telephone: 908/244-1000.
    7. Tuesday, March 4, 1997, 7:30 p.m.--Holiday Inn, 3845 Veterans 
Memorial Highway, Ronkonkoma, NY, telephone: 516/585-9500.
    8. Wednesday, March 5, 1997, 7 p.m.--Holiday Inn at the Crossings, 
800 Greenwich Avenue, Warwick, RI, telephone: 401/732-6000.
    9. Thursday, March 6, 1997, 7 p.m.--Tara Hyannis, West End Circle, 
Hyannis, MA, telephone: 508/775-7775.
    10. Friday, March 7, 1997, 1 p.m.--Sadler Function Hall, Sadler 
Street Extension, Gloucester, MA, telephone: 508/281-8665.
    11. Monday, March 10, 1997, 7 p.m.--Radisson Eastland Hotel, 157 
High Street, Portland, ME, telephone: 207/775-5418.
    12. Monday, March 17, 1997, 1:30 p.m. to 5:30 p.m.--Seaport Inn, 
110 Middle Street, Fairhaven, MA, telephone: 508/997-1281.
    These meetings are physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to Paul J. Howard (see ADDRESSES) at 
least 5 days prior to the meeting date.

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

    Dated: February 13, 1997.
Bruce Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 97-4265 Filed 2-20-97; 8:45 am]
BILLING CODE 3510-22-F