[Federal Register Volume 64, Number 30 (Tuesday, February 16, 1999)]
[Proposed Rules]
[Pages 7601-7617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3506]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 981223319-8319-01; I.D. 112598B]
RIN 0648-AJ44


Fisheries of the Northeastern United States; Northeast 
Multispecies and Monkfish Fisheries; Monkfish Fishery Management Plan

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 the Monkfish Fishery 
Management Plan (FMP). The FMP proposes an overfishing definition and a 
10-year rebuilding schedule to meet the requirements of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) 
and implementation of the following measures: Target total allowable 
catch levels (TACs) for each of two management areas; limited access; 
effort limits through days-at-sea (DAS) allocations; trip limits and 
incidental harvest allowances; minimum size and mesh limits; gear 
restrictions; spawning season closures; a framework adjustment process; 
permitting and reporting requirements; and other measures for 
administration and enforcement. The intended effect of this rule is to 
stop overfishing and rebuild the monkfish stock.

DATES: Comments on the proposed rule must be received on or before 
March 26, 1999.

ADDRESSES: Comments should be sent to Jon C. Rittgers, Acting Regional 
Administrator, NMFS, Northeast Regional Office, One Blackburn Drive, 
Gloucester, MA 01930. Mark the outside of the envelope ``Comments on 
Monkfish FMP.''
    Comments regarding the collection-of-information requirements 
contained in this proposed rule should be sent to the Acting Regional 
Administrator and to the Office of Information and Regulatory Affairs, 
Office of Management and Budget (OMB), Washington, DC 20503 (Attention: 
NOAA Desk Officer).
    Copies of the FMP, its Regulatory Impact Review (RIR) and the 
Initial Regulatory Flexibility Analysis (IRFA) contained within the 
RIR, and the Final Environmental Impact Statement (FEIS) are available 
from Paul J. Howard, Executive Director, New England Fishery Management 
Council (NEFMC), Suntaug Office Park, 5 Broadway (US Rte. 1), Saugus, 
MA 01906-1036.

FOR FURTHER INFORMATION CONTACT: E. Martin Jaffe, Fishery Policy 
Analyst, 978-281-9272.

SUPPLEMENTARY INFORMATION: In its report of March 1997, the 23rd 
Northeast Regional Stock Assessment Workshop (23rd SAW) concluded that 
monkfish is overfished. On September 30, 1997, NMFS submitted to the 
New England and Mid-Atlantic Fishery Management Councils (Councils) the 
Report on the Status of the Fisheries of the United States, prepared 
pursuant to section 304 of the Magnuson-Stevens Act, as amended by the 
Sustainable Fisheries Act (SFA) on October 11, 1996. This report 
identified 76 overfished stocks, including monkfish, as well as 10 
stocks that were approaching an overfished condition. Each Council was 
notified that it is required to develop measures to end overfishing and 
rebuild stocks that are overfished within its geographical area of 
authority. The purpose of this proposed action is to initiate 
management of monkfish (Lophius americanus) pursuant to the Magnuson-
Stevens Act.
    Development of an FMP actually began in 1991, when the NEFMC and 
the Mid-Atlantic Fishery Management Council (MAFMC) each requested 
approval to develop a management plan for monkfish. The Administrator, 
Northeast Region, NMFS (Regional Administrator), suggested that the 
NEFMC and MAFMC convene a joint committee to evaluate prospects for 
managing this fishery. That committee found that there were sufficient 
reasons for concern, including the recent declines in survey indices, 
the declining size of landed monkfish, the potential for shifts in 
effort due to management restrictions on other species, evidence of an 
expanding directed fishery, and a rapidly growing market for monkfish 
tails and livers.

[[Page 7602]]

    The Committee also suggested that the Councils jointly develop a 
management plan for monkfish. Because joint management of a fishery by 
two or more Fishery Management Councils is permitted only when the 
entire fishery management plan is jointly prepared, monkfish management 
measures could not be incorporated into an existing fishery management 
plan prepared by only one Fishery Management Council. The NEFMC and 
MAFMC worked together in developing management measures for monkfish 
and were formally notified by NMFS of their joint responsibility on 
February 3, 1998.
    To achieve efficiency and to link monkfish to the similarly 
prosecuted multispecies fishery as much as possible, monkfish 
regulations are proposed to be incorporated in Part 648--Fisheries of 
the Northeastern United States, Subpart F-Management Measures for the 
Northeast Multispecies Fishery, and other appropriate sections.
    The Councils, working jointly, adopted four management goals for 
monkfish: (1) to end and prevent overfishing and to rebuild and 
maintain a healthy spawning stock; (2) to optimize yield and maximize 
economic benefits to the various fishing sectors; (3) to prevent 
increased fishing on immature fish; and (4) to allow the traditional 
incidental catch of monkfish to occur. The measures proposed to achieve 
these goals are described later in this proposed rule.
    Public hearings were held to receive comments on the proposed 
management measures in early 1997 in Maine, New Hampshire, 
Massachusetts, Rhode Island, New York, New Jersey, Maryland, Virginia, 
and North Carolina. During these public hearings the public raised many 
issues and NMFS identified additional ones, which resulted in revisions 
including, among other things, an allocation limit of 40 DAS annually 
for all qualifying vessels, more stringent qualification criteria for 
multispecies vessels, and an advancement of the mortality reduction 
schedule. Changes to the incidental catch allowances and to the gillnet 
limits were also made.
    A second round of public hearings to receive comments on the 
revised management measures was held in early 1998. The major issues 
identified by the public at these hearings were issues of equity 
between qualifiers and non-qualifiers and between residents of various 
states, of discards caused by the proposed trip limits and by the 
proposed size limits, and of the complexity of the regulations and 
enforcement burden. These final public hearings resulted in further 
refinements to the measures, which are presented in this proposed rule.
    The monkfish resource is overfished. The overfishing definition was 
developed by the NEFMC based on a technical working group 
recommendation. It is composed of the two reference points now required 
under the Magnuson-Stevens Act for biomass and fishing mortality. The 
overfishing definition for monkfish is based on a fishery-independent 
survey database. According to the FMP, monkfish in the Northern and 
Southern Fishery Management Areas (NFMA and SFMA)(defined at 
Sec. 648.9(a) and (b)) are overfished when the 3-year moving average of 
the survey weight per tow falls below the 33rd percentile of the period 
1963-1994 for each area or when the fishing mortality rate in each area 
exceeds the average rate for the period 1970-1979. The 3-year moving 
average of survey weight per tow is the biomass component of the 
overfishing definition, or biomass threshold. A comparison of the 
current values (1.01 kg per tow in the NFMA and 0.41 kg per tow in the 
SFMA) to the threshold values (2.29 kg per tow in the NFMA and 1.84 kg 
per tow in the SFMA) indicates that the fishery is overfished. The 
fishing mortality rate component also indicates that overfishing is 
occurring. The estimates of fishing mortality rates of 0.15 in the NFMA 
and 0.51 in the SFMA reported in the most recent stock assessment are 
much greater than the average 1970-1979 fishing mortality rates of 0.05 
and 0.14, respectively. Due to the limited scientific data regarding 
the monkfish fishery, scientists consider this overfishing definition 
to be somewhat risk-prone in a stock-declining situation. The 
overfishing definition should be reviewed and improved, if necessary, 
as new information becomes available. This could be accomplished 
through a framework adjustment procedure contained in the FMP. As the 
proposed management measures are severe, the Councils decided to 
propose reductions in catch in the first 3 years as to minimize the 
social and economic impacts on small entities. Still, the proposed 
measures are expected to reduce the overall revenues of the monkfish 
fishery in the first 3 years by approximately 50 to 54 percent. 
Further, more severe measures would take place in Year 4. At that time 
zero monkfish DAS would be allocated to monkfish limited access permit 
holders, unless other action is taken by the Councils and implemented 
by NMFS. The proposed rebuilding period is 10 years, based on 
consideration of the status and biology of the stock and on the needs 
of fishing communities, which are described in the FMP.
    The biological, economic, and social impacts of these measures and 
the cumulative impacts associated with other plans and regulations are 
discussed in the FMP and FEIS.
    To address overfishing and rebuild the stock, the rule would create 
a permit moratorium on new entrants to the fishery after the control 
date, which is February 27, 1995. It would require that vessels have a 
limited access permit and fish during a monkfish DAS when targeting 
monkfish or exceeding the monkfish incidental catch allowances that are 
defined for other fisheries. The FMP also establishes an annual review 
and framework adjustment process that would ensure that management 
meets the mortality reduction and rebuilding targets. The proposed 
management measures are necessary to halt overfishing, to rebuild stock 
biomass to conditions that will produce maximum sustainable yield, and 
to achieve optimum yield (OY).

Total Allowable Catch

    Fishing mortality is above the overfishing threshold and must be 
reduced to avoid continuing declines in stock biomass. The mortality 
levels during a period of population stability (1970-1979) were 68 and 
78 percent lower than 1990-1995 levels in the NFMA and SFMA, 
respectively. Without accounting for improved size selectivity, the 
total allowable landings would need to be reduced to 4,047 mt 
(8,921,958 lb) and 3,252 mt (7,169,312 lb), respectively, to halt 
overfishing. The proposed management measures would potentially improve 
size selectivity, but the magnitude of these improvements is difficult 
to quantify and depends on changes in fishing behavior. The Councils, 
therefore, propose reductions and adjustments to the target TAC levels 
as future conditions change. The FMP establishes a procedure for 
setting annual target TAC levels for monkfish, with the exception of 
target TACs for the fishing year beginning May 1, 1999, which would be 
established by this rule. The target TACs would be based on the best 
available scientific information and would provide a measure by which 
to evaluate the effectiveness of the management program and to make 
annual determinations on the need for adjustments to this program. 
During the first fishing year beginning May 1, 1999, annual target TACs 
of 5,673 mt (12,506,614 lb) and 6,024 mt (13,280,423 lb) in the NFMA 
and the SFMA are proposed. A quantitative analysis of projected 
harvests under the

[[Page 7603]]

limited access, DAS, and trip limit measures estimated that 7,968 mt 
(17,566,138 lb) and 9,097 mt (20,055,115 lb) would be harvested in the 
NFMA and SFMA, respectively, exceeding the proposed target TAC 
specifications. The estimated effects of the preferred alternative, 
however, do not take into account the impacts of other factors that 
could not be quantified (e.g., changes in fishing strategies caused by 
requiring multispecies and scallop vessels to take their monkfish DAS 
simultaneously with multispecies and scallop DAS, size limits, and area 
closures), which are intended to make up for the difference. Subsequent 
target TAC reductions and other restrictions may be necessary to 
achieve the rebuilding objectives of the FMP. The target TAC levels 
would be set or adjusted so as to attain a fishing mortality rate of 
0.07 in the NFMA and 0.26 in the SFMA for the 1999, 2000, and 2001 
fishing years. Beginning with the 2002 fishing year, the target TACs 
would be set so as to stop overfishing in 2002 and allow rebuilding to 
the stock biomass targets from fishing years 2002 to 2009.

Qualification Criteria for Limited Access

    Vessels would qualify for monkfish limited access based on a 
vessel's, or a replaced vessel's, historic participation from February 
28, 1991, to February 27, 1995 (the monkfish control date). This period 
was selected because it encompasses the development of the directed 
monkfish fishery and is sufficiently broad so that it is unlikely that 
a vessel could not qualify due to unfortunate circumstances such as 
equipment malfunction, extended maintenance, or illness. Any vessel 
that targeted monkfish even on a seasonal basis would be likely to 
qualify for limited access.
    Subject to the restrictions defined in the proposed rule, all 
vessels would qualify for a limited access monkfish permit if the 
vessel landed 50,000 lb (22,680 kg) tail-weight or 166,000 
lb (75,298 kg) whole-weight during the qualification period. Vessels 
that do not have multispecies or scallop limited access permits and 
qualify according to this criterion would receive a ``Category A'' 
monkfish limited access permit. Vessels that have a multispecies or 
scallop limited access permit and qualify according to this criterion 
would receive a ``Category C'' monkfish limited access permit. (Note: 
The fisheries for Atlantic scallops and Northeast multispecies are 
governed by 50 CFR part 648--Fisheries of the Northeastern United 
States, Subparts D and F, respectively. The limited access fisheries 
for scallops and Northeast multispecies are closed to new entrants.)
    All vessels not qualifying for a Category A or C permit that are 
less than 51 gross registered tons (GRT) and vessels of any size that 
have a multispecies DAS permit would qualify for a limited access 
monkfish permit if the vessel landed 7,500 lb (3,402 kg) 
tail-weight or 24,900 lb (11,295 kg) whole-weight during the 
qualification period. Vessels without a multispecies or scallop limited 
access permit that qualify according to this criterion would receive a 
``Category B'' monkfish limited access permit. Vessels with a 
multispecies or scallop limited access permit that qualify according to 
this criterion would receive a ``Category D'' monkfish limited access 
permit. (See Table 2.)

Permitting and Reporting Requirements

    Vessels that catch monkfish would need to have either a limited 
access monkfish permit (category A, B, C, or D) or a monkfish 
incidental catch permit to fish for, possess, retain or land monkfish. 
(See Table 2.) Vessel owners would also be required to submit Vessel 
Trip Reports. Vessels with a limited access monkfish permit would be 
required to call in and out of the monkfish DAS program when they are 
participating in the monkfish fishery. Dealers that land monkfish would 
need to apply for a Dealers Permit and submit landings reports.

Allocations of Monkfish DAS

    The DAS allocations for limited access monkfish permit holders are 
shown in the following table. Forty (40) DAS would be allocated to 
limited access permitted vessels on May 1, 1999 (Year 1), and at the 
beginning of Years 2 and 3. In Year 4 monkfish DAS would be set to zero 
(0), unless other action is taken by the Councils and implemented by 
NMFS. (See Table 1.)

    Table 1. Monkfish Fishing Year and Maximum Annual DAS Allocations
------------------------------------------------------------------------
                                                         Maximum Annual
                     Fishing year                        DAS allocation
------------------------------------------------------------------------
May 1, 1999-April 30, 2000                                            40
May 1, 2000-April 30, 2001                                            40
May 1, 2001-April 30, 2002                                            40
May 1, 2002-April 30, 2003 and subsequent fishing                      0
 years
------------------------------------------------------------------------

    Any vessel could carry over a maximum of 10 unused monkfish DAS to 
the following fishing year's allocation (including beyond May 1, 2002). 
Unused monkfish DAS could not be carried over beyond the year following 
the one in which they were unused.
    While a multispecies and scallop vessel that qualifies for a 
monkfish limited access permit (Categories C or D) would receive the 
same number of monkfish DAS as allocated to other permit categories, up 
to a maximum of 40 DAS, when such a vessel fishes under the monkfish 
DAS program, the trip would also count against a multispecies or 
scallop DAS, whichever is applicable. A combination vessel that holds 
both a multispecies and a scallop permit could fish under a monkfish 
DAS during either a multispecies or scallop DAS, provided that unused 
multispecies or scallop DAS are available. Such a vessel must declare 
whether to count DAS against the multispecies or scallop DAS at the 
time it calls into the monkfish DAS program. (See Table 2.)

[[Page 7604]]



   Table 2--Monkfish permit categories, qualification criteria for permit categories, and DAS allocations for
                                           vessels on a monkfish DAS.
----------------------------------------------------------------------------------------------------------------
                                     Qualification Criteria1 for Permit Categories
          Permit Category                 (landed weight expressed in pounds)              DAS Allocation2
----------------------------------------------------------------------------------------------------------------
                 A                      Category A: Vessels which do not possess a            Category A: 40 DAS
                                     multispecies or scallop limited access permit
                                       must have landed > 50,000 lb tail-weight or
                                        166,000 lb whole weight of monkfish during
                                                            the qualifying period.
                 B                   Category B: Vessels less than 51 GRT which do            Category B: 40 DAS
                                     not possess a multispecies or scallop limited
                                            access permit and do not qualify for a
                                       Category A Permit must have landed monkfish
                                          >7,500 lb tail-weight or 24,900 lb whole
                                          weight of monkfish during the qualifying
                                                                           period.
                 C                             Category C: Vessels which possess a  Category C: Up to 40 DAS and
                                     multispecies or scallop limited access permit      vessel must also be on a
                                        must meet landing criteria as required for   multispecies or scollop DAS
                                                                Permit Category A.
                 D                             Category D: Vessels which possess a  Category D: Up to 40 DAS and
                                            multispecies limited access permit and      vessel must also be on a
                                          vessels less than 51 GRT which possess a   multispecies or scallop DAS
                                         scallop limited access permit that do not
                                         qualify for a Category C Permit must meet
                                           landing criteria as required for Permit
                                                                       Category B.
----------------------------------------------------------------------------------------------------------------
1 Vessel must have landed monkfish during qualifying period, i.e., February 28, 1991, through February 27, 1995,
  in the amounts indicated.
2 DAS allocations indicated are for fishing years 1999, 2000, and 2001. For fishing years 2002 and thereafter,
  monkfish DAS would be set to zero (0), unless other action is taken by the NEFMC and MAFMC and implemented by
  NMFS.

Trip Limits During a Monkfish DAS

    No monkfish trip limits would apply to vessels fishing during a 
monkfish DAS prior to May 1, 2000. If, based on landings, projected 
landings, and other available data, the Regional Administrator 
determines that the SFMA monkfish catch (for the period May 1, 1999 - 
April 30, 2000) is less than or equal to the Year 1 SFMA target TAC, a 
notification would be published in the Federal Register specifying that 
no monkfish trip limit applies to a vessel that is fishing under a 
monkfish DAS in the SFMA. Otherwise, the following trip limits would 
apply in the SFMA beginning May 1, 2000, depending on the type of 
monkfish permit the vessel holds and the type of gear the vessel uses: 
(1) Category A and C vessels using mobile gear during a monkfish DAS 
would have a 1,500 lb (680 kg) tail-weight or 4,980 lb (2,259 kg) whole 
weight per DAS landing limit; (2) Category B and D vessels using mobile 
gear during a monkfish DAS would have a 1,000 lb (454 kg) tail-weight 
or 3,320 lb (1,506 kg) whole weight per DAS landing limit; and (3) any 
vessel using fixed gear during a monkfish DAS would have a 300 lb (136 
kg) tail-weight or 996 lb (452 kg) whole weight per DAS landing limit.

Incidental Catch for Vessels Not on a Monkfish DAS

    Beginning May 1, 1999 (or the date the final rule implementing the 
FMP is effective), the following measures would apply:
    1. Vessels lawfully using large mesh (5\1/2\-inch (14-cm) diamond 
or 6-inch (15.3-cm)) square mesh throughout the body, extension, and 
codend) while not on a monkfish, multispecies, or scallop DAS could 
retain and land whole monkfish up to 5 percent of the total weight of 
fish on board (or any prorated combination of tail-weight and whole 
weight percentage based on the conversion factor in Sec. 648.94 of 
subpart F--Management Measures for the Northeast Multispecies and 
Monkfish Fisheries).
    2. Vessels that are not under any DAS and fishing with small mesh, 
rod and reel, or handlines could land up to 50 lb (23 kg) tail-weight 
or 166 lb (75 kg) whole weight per trip. Small mesh is considered to be 
any mesh smaller than the large mesh described in paragraph 1. 
Multispecies vessels that are  30 ft (9.1 m) and elect not 
to fish under the multispecies DAS program could also land up to 50 lb 
(23 kg) tail-weight or 166 lb (75 kg) whole weight of monkfish per 
trip.
    3. Multispecies vessels with a monkfish incidental catch permit 
fishing in the NFMA could land up to 300 lb (136 kg) tail-weight or 996 
lb (452 kg) whole weight of monkfish per multispecies DAS, or 25 
percent of total weight of fish on board, whichever is less. If the 
vessel fishes for any portion of the trip in the SFMA, the vessel could 
land up to 50 lb (23 kg) tail-weight or 166 lb (75 kg) whole weight of 
monkfish per multispecies DAS.

Prior to May 1, 2002

    1. Vessels with a multispecies permit and a Category C or D limited 
access monkfish permit - A multispecies vessel that fishes only in the 
NFMA would have no trip limit when it is on a multispecies DAS. If the 
vessel fishes for any portion of the trip in the SFMA during a 
multispecies DAS, it could land up to 300 lb (136 kg) tail-weight or 
996 lb (452 kg) whole weight of monkfish per multispecies DAS while 
using mobile gear or 50 lb (23 kg) tail-weight or 166 lb (75 kg) whole 
weight of monkfish per multispecies DAS while using fixed gear.
    2. Vessels with a sea scallop and a Category C or D limited access 
monkfish permit - A vessel that has a scallop dredge on board or is on 
a scallop DAS could land up to 300 lb (136 kg) tail-weight or 996 lb 
(452 kg) whole weight of monkfish per scallop DAS.
    3. Sea scallop vessels with a monkfish incidental catch permit - 
These vessels would be able to land up to 300 lb (136 kg) tail-weight 
or 996 lb (452 kg) whole weight of monkfish per DAS when on a scallop 
DAS.

After April 30, 2002

    1. Vessels with a multispecies and a Category C or D limited access 
monkfish permit - Multispecies vessels would be able to land up to 300 
lb (136 kg) tail-weight or 996 lb (452 kg) whole weight

[[Page 7605]]

of monkfish per multispecies DAS, or 25 percent of total weight of fish 
on board, whichever is less. Trip limits for vessels using fixed gear 
in the SFMA would remain at 50 lb (23 kg) tail-weight or 166 lb (75 kg) 
whole weight of monkfish per multispecies DAS.
    2. Vessels with a sea scallop and a Category C or D limited access 
monkfish permit - Vessels that have a scallop dredge on board or are on 
a scallop DAS could land up to 200 lb (91 kg) tail-weight or 664 lb 
(301 kg) whole weight of monkfish per scallop DAS.
    3. Sea scallop vessels with a monkfish incidental catch permit - 
These vessels would be able to land up to 200 lb (91 kg) tail-weight or 
664 lb (301 kg) whole weight of monkfish per scallop DAS.

Minimum Size Limits

    At FMP implementation, possession or landing of monkfish tails 
measuring less than 11 inches (27.9 cm) in length or whole monkfish 
less than 17 inches (43.2 cm) total length by any vessel that has a 
Federal fisheries permit or any vessel fishing in the exclusive 
economic zone would be prohibited.
    Beginning on May 1, 2000, in Year 2 of the FMP, the minimum size 
limit for vessels fishing or landing in the SFMA, only, would be 21 
inches (53.3 cm) total length or 14 inches (35.6 cm) tail length. If, 
based on landings, projected landings, and other available data, the 
Regional Administrator determines that the SFMA monkfish catch for the 
period May 1, 1999 through April 30, 2000, is less than or equal to the 
Year 1 SFMA target TAC, a notification would be published in the 
Federal Register specifying the SFMA size limit at 17 inches (43.2 cm) 
total length or 11 inches (27.9 cm) tail length.

Gillnet Limits

    A vessel issued a monkfish limited access permit or fishing under a 
monkfish DAS would be able to fish with, haul, possess, or deploy up to 
160 gillnets. A vessel issued a multispecies limited access permit and 
a limited access monkfish permit or fishing under a monkfish DAS could 
fish any combination of monkfish, roundfish, and flatfish gillnets, up 
to 160 nets total, provided that the number of monkfish, roundfish, and 
flatfish gillnets was consistent with the limitations of 
Sec. 648.82(k)(1)(i) and that the nets were tagged in accordance with 
the regulations, as specified in Sec. 648.82. Nets could not be longer 
than 300 ft (91.44 m), or 50 fathoms, in length. Beginning May 1, 1999, 
all monkfish gillnets fished, hauled, possessed, or deployed by a 
vessel fishing for monkfish under a monkfish DAS would be allowed one 
tag per net, with one tag secured to every other bridle of every net 
within a string of nets. Tags would be obtained as described in 
Sec. 648.4.

Time out of the Fishery

    Vessels with Category A or B permits (i.e., ``monkfish-only'') 
would be required to declare out of the monkfish fishery and could not 
use a monkfish DAS for a continuous 20-day block during the months of 
April, May, and June. Such vessels could engage in other fisheries in 
which they may legally participate, but they could not possess any 
monkfish during this 20-day block. Specified periods to protect 
groundfish spawning (when multispecies vessels are required to declare 
out of the fishery) would also apply to multispecies DAS used when 
targeting monkfish. Multispecies DAS vessels that declare out of the 
multispecies fishery for any reason, including the fulfillment of their 
20-day out periods, would be prohibited from possessing monkfish. 
Vessels that target species other than groundfish and monkfish would, 
however, be allowed to participate in exempted fisheries during the 
mandatory groundfish tie-up periods. Multispecies vessels with a 
category C or D monkfish permit would not be required to comply with 
the time-out requirements described here for monkfish-only vessels.

Framework Adjustment Process

    Many management measures in the FMP would be adjustable by 
framework action. The effectiveness of the management program depends 
on uncertain factors that may change over time. Achieving the FMP's 
mortality objectives may require at least annual adjustments to the 
management measures. It is, therefore, necessary to have an 
administrative mechanism in place that fulfills the Councils' public 
input and notification requirements while maximizing flexibility and 
responsiveness.
    The framework adjustment process would allow changes to be made in 
the regulations in a timely manner without going through the plan 
amendment process. It would provide a formal opportunity for public 
comment that substitutes for the customary public comment period 
provided by publishing a proposed rule. If changes to the management 
measures were contemplated in the FMP and there were sufficient 
opportunity for public comment on the framework action, NMFS could 
bypass the proposed rule stage and publish a final rule in the Federal 
Register.
    The framework adjustment process would include annual reviews by a 
Monkfish Monitoring Committee (MMC), which would evaluate the 
effectiveness of the FMP to meet the fishing mortality and rebuilding 
targets. The MMC would develop management options for consideration and 
approval by the Councils and the Councils would be required to submit a 
recommendation to the Regional Administrator by February 7 of each year 
to implement the adjustment at the beginning of the fishing year. The 
Regional Administrator could select measures recommended by the MMC 
that had not been rejected by both Councils if the Councils failed to 
submit a recommendation. Adjustable management measures would include: 
(1) target TACs, (2) Overfishing Definition reference points, (3) 
closed seasons or closed areas, (4) minimum size limits, (5) liver to 
monkfish landings ratios, (6) annual monkfish DAS allocations and 
monitoring, (7) trip or possession limits, (8) blocks of time out of 
the fishery, (9) gear restrictions, (10) transferability of permits and 
permit rights, and (11) other frameworkable measures in 50 CFR 648.90 
and 50 CFR 648.55.

Two Management Areas

    The FMP proposes two management areas, separated by a line that 
roughly runs along Georges Bank from Cape Cod, MA to the Hague Line. 
This line and the rationale for two management areas are explained in 
greater detail in the FMP. Although tagging and DNA component analysis 
would provide definitive information about stock separation, monkfish 
in the northern and southern areas display different growth, 
maturation, and recruitment characteristics. Scientists believe that 
monkfish migration between areas is low. These areas are essential 
because of the predominance of different fisheries that occur in each 
and to evaluate the FMP's effectiveness in meeting separate mortality 
reduction targets.

Restrictions on Liver Landings to Prevent High-grading

    Landings of monkfish livers would be restricted to 25 percent of 
the total weight of monkfish tails or 10 percent of the weight of whole 
monkfish, whichever is applicable. This measure is proposed to prevent 
high-grading of the more valuable livers while vessels comply with the 
monkfish trip and size limits.

A ``Running Clock'' Procedure

    The ``running clock'' provision would allow vessels called into the 
monkfish

[[Page 7606]]

DAS program to avoid discarding fish if their trips are unexpectedly 
cut short or they have an unexpectedly high catch at the end of a trip. 
Vessels would be able to call in a ``hail weight'' to let the monkfish 
DAS clock run to account for the overage. This measure would begin on 
May 1, 2000, when the directed fishery trip limits are implemented.

Minimum Mesh and Gear Restrictions

    Vessels that fish while they are called into the monkfish DAS 
program would be required to use large mesh, unless the vessel is also 
fishing during a multispecies DAS. When called into the monkfish (but 
not the multispecies) DAS program, large mesh is defined as 10-inches 
(25.4-cm) square or 12-inches (30.5-cm) diamond for trawls and 12-
inches (30.5-cm) diamond for gillnets. This mesh requirement is 
proposed to reduce the bycatch of groundfish and other species while a 
vessel is on a monkfish DAS. Vessels that have a category C or D permit 
and a limited access sea scallop permit would not be able to use a 
dredge during a monkfish DAS, as most monkfish caught with a scallop 
dredge are less than the proposed minimum size limit for monkfish.

Measures of Concern

    The FMP would establish some measures that differ between two 
fishery management areas (the NFMA and the SFMA), a factor which 
contributes to the complexity of the proposed regulations. Although 
public comments are sought for all measures, NMFS is particularly 
interested in public comment on the following measures to determine 
their approvability:
    The first measure is the ``running clock'' for vessels fishing 
under a Monkfish DAS that would allow vessels called into the monkfish 
DAS program to avoid discarding fish if their trips are unexpectedly 
cut short or if they have an unexpectedly high catch at the end of a 
trip. This measure would begin on May 1, 2000, when the directed 
fishery trip limits are implemented, at which time vessels would be 
able to call in a ``hail weight'' to let the monkfish DAS clock run to 
account for the overage. This measure would be both an administrative 
and enforcement burden and, although it may reduce discards somewhat, 
it is not expected to provide significant conservation value. In fact, 
it could encourage vessels to target monkfish. It would also conflict 
with the running clock for GOM cod if both cod and monkfish are caught 
on the same trip.
    A second measure concerns the allowable monkfish trip limits for 
vessels fishing during a multispecies DAS after April 30, 2002. Such 
vessels with a Category C or D monkfish permit would be allowed 300 lb 
(136 kg) tail-weight or 996 lb (452 kg) whole weight of monkfish per 
multispecies DAS, or 25 percent of total weight of fish on board, 
whichever is less. The 25 percent of total weight of fish-on-board 
option could be burdensome and time consuming because it would require 
an enforcement agent to stand by and observe a trip off-loading to 
determine compliance. NMFS is concerned that this could be an 
inefficient use of limited enforcement resources and could compromise 
the ability to monitor and enforce allowable monkfish landings.
    A third measure pertains to vessels without a limited access 
monkfish permit when under a multispecies DAS in the NFMA beginning May 
1, 1999, or with the date the final rule implementing the FMP is 
effective, whichever comes first. Such vessels would also be allowed 
300 lb (136 kg) tail-weight or 996 lb (452 kg) whole weight of monkfish 
per multispecies DAS, or 25 percent of total weight of fish on board, 
whichever is less. Again, the 25 percent of total weight of fish-on-
board option could compromise the ability to monitor and enforce 
allowable monkfish landings.

Classification

    At this time, NMFS has not determined whether the FMP that this 
rule would implement is consistent with the national standards of the 
Magnuson-Stevens Act and other applicable law. NMFS, in making that 
determination, will take into account the data, views, and comments 
received during the comment period.
    This action has been determined to be significant for the purposes 
of E.O. 12866.
    The Councils prepared an FEIS for the FMP describing the possible 
impacts on the environment as a result of this rule. This FMP is 
expected to have a significant impact on the human environment. A 
notice of availability for the Final Environmental Impact Statement was 
published on January 15, 1999 (64 FR 2639). A copy of the FEIS may be 
obtained from NEFMC (see ADDRESSES).
    Adverse impacts on marine mammals resulting from fishing activities 
conducted under this rule are discussed in the FSEIS.
    In compliance with the Regulatory Flexibility Act, the Council has 
prepared an IRFA as part of the RIR contained in the FMP that concludes 
that this proposed rule would have significant economic impacts on a 
substantial number of small entities. The measures proposed are 
restrictive, and impacts on the industry are expected to be 
significant. In the early years of the program, some vessels may be 
unable to cover their costs in part because of these restrictions and 
because of the poor condition of the stocks. Such vessels are expected 
to leave the fishery. Relative to the status quo, however, this 
proposal produces positive significant effects on a substantial number 
of small entities after stock abundance of monkfish recovers. The 
majority of the vessels in the monkfish fishery are considered small 
entities and, therefore, all alternatives and measures intended to 
mitigate adverse impacts on the fishing industry necessarily mitigate 
adverse impacts on small entities.
    The proposed action would reduce the overall revenues of the 
monkfish fishery by approximately 50 to 54 percent in the first 3 years 
of the program compared to the status quo. Further reductions in catch 
are necessary in Year 4 to stop overfishing and allow rebuilding. The 
proposed action would reduce overall revenues by 69 percent compared to 
the status quo.
    The impact of the proposed action would not be uniform for all 
vessels or all sectors. Instead, the action would have different 
effects on different gear groups, with vessels using gillnets and 
vessels fishing in the Mid-Atlantic being relatively more affected than 
other vessels. Due to the requirement and desirability to minimize 
regulatory discards, the catch reduction for vessels that would qualify 
for a limited access monkfish permit are more severe than for vessels 
that target other species and land their monkfish incidental catch. 
Fishery sectors that rely more heavily on monkfish would, therefore, 
experience greater effects than other groups.
    The negative effects of the non-selected alternatives would be 
greater than those of the proposed measures. Projected revenues from 
fishing would be positive beginning in the year 2009, which would 
create demand for other goods and services in the area and lead to 
increased production and employment. The overall impacts would be 
positive. The proposed action is expected to increase net present value 
of gross revenues by $20 million over 20 years. Including the estimated 
cost savings is expected to produce an increase in net benefits to the 
nation of $38 million over a 20-year period. The recreational sector is 
not expected to be negatively impacted by this action.

[[Page 7607]]

    Notwithstanding any other provision of law, no person is required 
to respond to nor shall a person be subject to a penalty for failure to 
comply with a collection of information subject to the requirements of 
the Paperwork Reduction Act unless that collection of information 
displays a currently valid OMB control number.
    This proposed rule contains 19 new collection-of-information 
requirements subject to the Paperwork Reduction Act and have been 
submitted to OMB for approval. The public reporting burden for these 
collection-of-information requirements are indicated in the parentheses 
in the following statements and 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 regarding these reporting burden estimates or any other aspect 
of the collection of information, including suggestions for reducing 
the burden, to NMFS and OMB (see ADDRESSES).
    The new requirements are:
    Limited access monkfish permits, including four new permit 
categories (30 minutes/response). In subsequent years, permit renewal 
(15 minutes/response). Some applicants need to provide documentation of 
eligibility (1 hour/response)
    Monkfish incidental catch permits (30 minutes/response). In 
subsequent years, permit renewal (15 minutes/response).
    Permit appeals (180 minutes/response).
    Vessel replacement (180 minutes/response).
    Vessel upgrade (180 minutes/response).
    Retention of vessel history (30 minutes/response).
    Operator permit (60 minutes/response).
    Dealer permit (5 minutes/response).
    Dealer landing report (5 minutes/response(trip)).
    Dealer employment report (2 minutes/response).
    Gillnet designations-declaration into the gillnet fishing category 
(10 minutes/response).
    Call-in, call-out (DAS reporting) (2 minutes/response).
    Area declaration for identifying compliance with the differential 
size limit beginning May 1, 2000 (3 minutes/ response).
    Notification of transiting (1 minute/response if made with hail, 3 
minutes/response if separate call).
    Vessel trip reports (5 minutes/response).
    Hail weight reports (3 minutes/response).
    Net tagging requirements (1 minute to attach 1 tag, 2 minutes to 
notify of lost tags and request replacement).
    Good Samaritan credits (30 minutes/response).
    Declarations of blocks of time out of the fishery (3 minutes/
response).

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: February 8, 1999.
Gary C. Matlock,
Acting Assistant Administrator for Fisheries, 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. 648.1, the first sentence of paragraph (a) is revised to 
read as follows:


Sec. 648.1  Purpose and scope.

    (a) This part implements the fishery management plans (FMPs) for 
the Atlantic mackerel, squid, and butterfish fisheries (Atlantic 
Mackerel, Squid, and Butterfish FMP); Atlantic salmon (Atlantic Salmon 
FMP); the Atlantic sea scallop fishery (Atlantic Sea Scallop FMP); the 
Atlantic surf clam and ocean quahog fisheries (Atlantic Surf Clam and 
Ocean Quahog FMP); the Northeast multispecies and monkfish fisheries 
((NE Multispecies FMP) and (Monkfish FMP)); the summer flounder, scup, 
and black sea bass fisheries (Summer Flounder, Scup, and Black Sea Bass 
FMP); and the Atlantic bluefish fishery (Atlantic Bluefish FMP). * * *
* * * * *
    3. In Sec. 648.2, the definition for ``Out of the multispecies 
fishery or DAS program''is removed, and the definitions ``Day(s)-at-Sea 
(DAS)'', ``Fishing year'', ``Monkfish'', ``Prior to leaving port'', 
``Sink gillnet or bottom-tending gillnet'', ``Tied up to the dock'', 
``Upon returning to port'', and ``Vessel Monitoring System'' are 
revised, and the definitions for ``Councils'', ``Monkfish gillnets'', 
``Monkfish Monitoring Committee'', ``Out of the monkfish fishery'' and 
``Out of the multispecies fishery'' are added alphabetically to read as 
follows:


Sec. 648.2  Definitions.

* * * * *
    Councils, with respect to the monkfish fishery, means the New 
England Fishery Management Council (NEFMC) and the Mid-Atlantic Fishery 
Management Council (MAFMC).
* * * * *
    Day(s)-at-Sea (DAS), with respect to the NE multispecies and 
monkfish fisheries, and Atlantic sea scallop fishery, except as 
described in Sec. 648.82(k)(1)(iv), means the 24-hour period of time or 
any part thereof during which a fishing vessel is absent from port to 
fish for, possess, or land, or fishes for, possesses, or lands, 
regulated species, monkfish, or scallops.
* * * * *
    Fishing year means: (1) For the Atlantic sea scallop fishery, from 
March 1 through the last day of February of the following year.
    (2) For the NE multispecies and monkfish fisheries, from May 1 
through April 30 of the following year.
    (3) For all other fisheries in this part, from January 1 through 
December 31.
* * * * *
    Monkfish, also known as anglerfish or goosefish, means Lophius 
americanus.
    Monkfish gillnets means gillnet gear with mesh size no smaller than 
10-inches (25.4 cm) diamond that is designed and used to fish for and 
catch monkfish while fishing under a monkfish DAS.
    Monkfish Monitoring Committee means a team of scientific and 
technical staff appointed by the NEFMC and MAFMC to review, analyze, 
and recommend adjustments to the management measures. The team consists 
of staff from the NEFMC and the MAFMC, NMFS Northeast Regional Office, 
NEFSC, the USCG, two fishing industry representatives selected by their 
respective Council chairman (one from each management area with at 
least one of the two representing either the Atlantic sea scallop or 
northeast multispecies fishery), and staff from affected coastal 
states, appointed by the Atlantic States Marine Fisheries

[[Page 7608]]

Commission. The Chair will be elected by the Committee from within its 
ranks, subject to the approval of the chairmen of the NEFMC and MAFMC.
* * * * *
    Out of the monkfish fishery means the period of time during which a 
vessel is not fishing for monkfish under the monkfish DAS program.
    Out of the multispecies fishery means the period of time during 
which a vessel is not fishing for regulated species under the NE 
multispecies DAS program.
* * * * *
    Prior to leaving port, with respect to the call-in notification 
system for the Atlantic sea scallop, NE multispecies, and monkfish 
fisheries, 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.
* * * * *
    Sink gillnet or bottom-tending gillnet means any gillnet, anchored 
or otherwise, that is designed to be, or is fished on or near, the 
bottom in the lower third of the water column.
* * * * *
    Tied up to the dock or tying up at a dock means tied up at a dock, 
on a mooring, or elsewhere in a harbor.
* * * * *
    Upon returning to port, for purposes of the call-in notification 
system for the NE multispecies and monkfish fisheries, means upon first 
tying up at a dock at the end of a fishing trip.
* * * * *
    Vessel Monitoring System (VMS) means a vessel monitoring system or 
VMS unit as set forth in Sec. 648.9 and approved by NMFS for use by 
Atlantic sea scallop, NE multispecies, and monkfish vessels, as 
required by this part.
* * * * *
    4. In Sec. 648.4, paragraph (a)(9) is added to read as follows:


Sec. 648.4  Vessel and individual commercial permits.

    (a) * * *
    (9) Monkfish vessels. Any vessel of the United States, including a 
charter or party boat, must have been issued and have on board a valid 
monkfish permit to fish for, possess, or land any monkfish in or from 
the EEZ.
    (i) Limited access monkfish permits (effective May 1, 1999)--(A) 
Eligibility. A vessel is eligible to qualify for a limited access 
monkfish permit if it meets any of the following limited access 
monkfish permits criteria:
    (1) Category A permit (vessels without multispecies or scallop 
limited access permits). The vessel must have landed 50,000 
lb (22,680 kg) tail-weight or 166,000 lb (75,297.6 kg) whole weight of 
monkfish between February 28, 1991, and February 27, 1995;
    (2) Category B permit (vessels less than 51 gross registered 
tonnage (GRT) without multispecies or scallop limited access permits 
that do not qualify for a Category A permit). The vessel must have 
landed 7,500 lb (3,402 kg) tail-weight or 24,900 lb 
(11,294.6 kg) whole weight of monkfish between February 28, 1991, and 
February 27, 1995;
    (3) Category C permit (vessels with multispecies or scallop limited 
access permits). The vessel must have landed 50,000 lb 
(22,680 kg) tail-weight or 166,000 lb (75,297.6 kg) whole weight of 
monkfish between February 28, 1991, and February 27, 1995; or
    (4) Category D permit (all vessels with multispecies limited access 
permits and vessels less than 51 GRT with scallop limited access 
permits that do not qualify for a Category C permit). The vessel must 
have landed 7,500 lb (3,402 kg) tail-weight or 24,900 lb 
(11,294.6 kg) whole weight of monkfish between February 28, 1991, and 
February 27, 1995.
    (B) Application/renewal restrictions. See paragraph (a)(1)(i)(B) of 
this section.
    (C) Qualification restrictions. (1) See paragraph (a)(1)(i)(C) of 
this section.
    (2) Vessels under agreement for construction or under 
reconstruction. A vessel is eligible to qualify for a limited access 
monkfish permit if the vessel was under written agreement for 
construction or reconstruction between February 28, 1994, and February 
27, 1995, and such vessel meets any of the qualification criteria 
regarding amount of landings as stated in paragraph (a)(9)(i)(A) of 
this section between February 28, 1991, and February 27, 1996.
    (D) Change in ownership. (1) See paragraph (a)(1)(i)(D) of this 
section.
    (2) A vessel may be eligible to qualify for a limited access 
monkfish permit if it was under written agreement for purchase as of 
February 27, 1995, and meets any of the qualification criteria 
regarding amount of landings as stated in paragraph (a)(9)(i)(A) of 
this section between February 28, 1991, and February 27, 1996.
    (E) Replacement vessels. (1) See paragraph (a)(1)(i)(E) of this 
section.
    (2) A vessel 51 GRT that lawfully replaced a vessel <51 
GRT between February 27, 1995, and [insert the date of publication of 
the final rule] that meets the qualification criteria set forth in 
paragraph (a)(9)(i)(A) of this section, but exceeds the 51 GRT vessel 
size qualification criteria as stated in paragraph (a)(9)(i)(A)(2) or 
(4) of this section, may qualify and fish under the permit category for 
which the replaced vessel qualified.
    (3) A vessel that replaced a vessel that fished for and landed 
monkfish between February 28, 1991, and February 27, 1995, may use the 
replaced vessel's history in lieu of or in addition to such vessel's 
fishing history to meet the qualification criteria set forth in 
paragraph (a)(9)(i)(A)(1), (2), (3), or (4) of this section, unless the 
owner of the replaced vessel retained the vessel's permit or fishing 
history, or such vessel no longer exists and was replaced by another 
vessel according to the provisions in paragraph (a)(1)(i)(D) of this 
section.
    (F) Upgraded vessel. (1) See paragraph (a)(1)(i)(F) of this 
section.
    (2) A vessel 51 GRT that upgraded from a vessel size <51 
GRT between February 27, 1995, and [insert the date of publication of 
the final rule], that meets any of the qualification criteria set forth 
in paragraph (a)(9)(i)(A) of this section, but exceeds the 51 GRT 
vessel size qualification criteria as stated in paragraph 
(a)(9)(i)(A)(2) and (4) of this section, may qualify and fish under the 
original permit category. (G) Consolidation restriction. See paragraph 
(a)(1)(i)(G) of this section.
    (H) Vessel baseline specification. See paragraph (a)(3)(i)(H) of 
this section.
    (I) [Reserved]
    (J) Confirmation of permit history. See paragraph (a)(1)(i)(J) of 
this section.
    (K) Abandonment or voluntary relinquishment of permits. See 
paragraph (a)(1)(i)(K) of this section.
    (L) Restriction on permit splitting. A limited access monkfish 
permit may not be issued to a vessel or to its replacement, or remain 
valid, if the vessel's permit or fishing history has been used to 
qualify another vessel for another Federal fishery.
    (M) Notification of eligibility for 1999. (1) NMFS will attempt to 
notify all owners of vessels for which NMFS has credible evidence 
available that they meet the qualification criteria described in 
paragraph (a)(9)(i)(A)(1), (2), (3), or (4) of this section that they 
qualify for a limited access monkfish permit. Vessel owners must still 
apply within 12 months of the effective date of these regulations to 
complete the qualification requirements.
    (2) If a vessel owner has not been notified that the vessel is 
eligible to be issued a limited access monkfish 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 permit within

[[Page 7609]]

12 months of the effective date of these regulations by submitting 
evidence that the vessel meets the requirements described in paragraph 
(a)(9)(i)(A)(1), (2), (3), or (4) of this section. In the event the 
application is denied, the applicant may appeal in accordance with 
requirements specified in paragraph (a)(9)(i)(J) of this section.
    (N) Appeal of denial of permit. (1) Any applicant denied a limited 
access monkfish 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 in paragraph 
(a)(9)(i)(A)(1), (2), (3), or (4) of this section. The appeal shall set 
forth the basis for the applicant's belief that the Regional 
Administrator's decision was made in error.
    (2) The appeal may be presented, at the option of the applicant, at 
a hearing before an officer appointed by the Regional Administrator. 
The hearing officer shall make a recommendation to the Regional 
Administrator. The Regional Administrator's decision on the appeal is 
the final decision of the Department of Commerce.
    (3) Status of vessels pending appeal. (i) A vessel denied a limited 
access monkfish 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 permits (effective May 1, 1999). A 
vessel of the United States that has not been issued a limited access 
monkfish permit is eligible for and may be issued a monkfish incidental 
catch permit to fish for, possess, or land monkfish subject to the 
restrictions in Sec. 648.94(c).
* * * * *
    5. In Sec. 648.5, the first sentence of paragraph (a) is revised to 
read as follows:


Sec. 648.5  Operator permits.

    (a) General. Any operator of a vessel fishing for or possessing sea 
scallops in excess of 40 lb (18 kg), NE multispecies, monkfish, 
mackerel, squid, butterfish, scup, or black sea bass, harvested in or 
from the EEZ, or issued a permit for these species under this part, 
must have been issued under this section, and carry on board, a valid 
operator's permit.
    * * *
* * * * *
    6. In Sec. 648.6, paragraph (a) is revised to read as follows:


Sec. 648.6  Dealer/processor permits.

    (a) General. All NE multispecies, monkfish, sea scallop, summer 
flounder, surf clam, ocean quahog, mackerel, squid, butterfish, scup, 
or black sea bass dealers, and surf clam and ocean quahog processors, 
must have been issued under this section, and have in their possession, 
a valid permit for these species.
* * * * *
    7. In Sec. 648.7, the first sentence of paragraph (a)(1)(i), the 
first sentence of paragraph (a)(3)(i), and paragraph (b)(1)(i) are 
revised; and a new paragraph (b)(1)(iii) is added to read as follows:


Sec. 648.7  Recordkeeping and reporting requirements.

    (a) * * *
    (1) * * *
    (i) All NE multispecies or monkfish, sea scallop, summer flounder, 
mackerel, squid, and butterfish, scup, or black sea bass dealers must 
provide: Dealer name and mailing address; dealer permit number; name 
and permit number or name and hull number (USCG documentation number or 
state registration number, whichever is applicable) of vessels from 
which fish are landed or received; trip identifier for trip from which 
fish are landed or received; dates of purchases; pounds by all species 
purchased (by market category, if applicable); price per pound by 
species (by market category, if applicable) or total value by species 
(by market category, if applicable); port landed; and any other 
information deemed necessary by the Regional Administrator.
    * * *
* * * * *
    (3) * * *
    (i) All NE multispecies or monkfish, sea scallop, summer flounder, 
mackerel, squid, and butterfish, scup, or black sea bass dealers must 
complete the ``Employment Data'' section of the Annual Processed 
Products Report; completion of the other sections of that form is 
voluntary. * * *
* * * * *
    (b) * * *
    (1) * * *
    (i) The owner of any vessel issued a moratorium vessel permit for 
summer flounder, mackerel, squid, or butterfish, scup, or black sea 
bass, or a permit for sea scallops, or NE multispecies or monkfish, 
must maintain on board the vessel and submit an accurate daily fishing 
log for all fishing trips, regardless of species fished for or taken, 
on forms supplied by or approved by the Regional Administrator. If 
authorized in writing by the Regional Administrator, a vessel owner or 
operator may submit reports electronically, for example by using a VMS 
or other media. At least the following information and any other 
information required by the Regional Administrator must be provided: 
Vessel name; USCG documentation number (or state registration number, 
if undocumented); permit number; date/time sailed; date/time landed; 
trip type; number of crew; number of anglers (if a charter or party 
boat); gear fished; quantity and size of gear; mesh/ring size; chart 
area fished; average depth; latitude/longitude (or loran station and 
bearings); total hauls per area fished; average tow time duration; 
pounds by species (or count, if a party or charter vessel) of all 
species landed or discarded; dealer permit number; dealer name; date 
sold; port and state landed; and vessel operator's name, signature, and 
operator permit number (if applicable).
* * * * *
    (iii) Owners of party and charter boats. The owner of any party or 
charter boat issued a summer flounder or scup permit other than a 
moratorium permit and carrying passengers for hire shall maintain on 
board the vessel and submit an accurate daily fishing log report for 
each charter or party fishing trip that lands summer flounder or scup, 
unless such a vessel is also issued a moratorium permit for summer 
flounder, a permit for sea scallop, or NE multispecies or monkfish, or 
a permit for mackerel, squid or butterfish, or a moratorium permit for 
scup, or a permit for black sea bass, in which case a

[[Page 7610]]

fishing log report is required for each trip regardless of species 
retained. If authorized in writing by the Regional Administrator, a 
vessel owner may submit reports electronically, for example, by using 
VMS or other media. At least the following information and any other 
information required by the Regional Administrator must be provided: 
Vessel name; USCG documentation number (or state registration number, 
if undocumented); permit number; date/ time sailed; date/time landed; 
trip type; number of crew; number of anglers; gear fished; quantity and 
size of gear; chart area fished; average depth; latitude/longitude (or 
loran station and bearings); average tow time duration; count by 
species of all species landed or discarded; port and state landed; and 
vessel operator's name, signature, and operator permit number (if 
applicable).
* * * * *
    8. In Sec. 648.9, paragraph (d) is revised to read as follows:


Sec. 648.9  VMS requirements.

* * * * *
    (d) Presumption. If a VMS unit fails to transmit an hourly signal 
of a vessel's position, the vessel shall be deemed to have incurred a 
DAS, or fraction thereof, for as long as the unit fails to transmit a 
signal, unless a preponderance of evidence shows that the failure to 
transmit was due to an unavoidable malfunction or disruption of the 
transmission that occurred while the vessel was declared out of the 
scallop fishery or NE multispecies or monkfish fishery, as applicable, 
or was not at sea.
* * * * *
    9. In Sec. 648.10, the first sentence of paragraph (b) introductory 
text, and paragraphs (b)(1), (c) introductory text, (c)(2), and (c)(5) 
are revised to read as follows:


Sec. 648.10  DAS notification requirements.

* * * * *
    (b) VMS Notification. A multispecies vessel issued an Individual 
DAS or Combination Vessel permit, or scallop vessel issued a full-time 
or part-time limited access scallop permit, or scallop vessel fishing 
under the small dredge program specified in Sec. 648.51(e), or a vessel 
issued a limited access multispecies or monkfish permit, or scallop 
permit, whose owner elects to fish under the VMS notification of 
paragraph (b) of this section, unless otherwise authorized or required 
by the Regional Administrator under paragraph (d) of this section, must 
have installed on board an operational VMS unit that meets the minimum 
performance criteria specified in Sec. 648.9(b) or as modified in 
Sec. 648.9(a). * * *
    (1) Vessels that have crossed the VMS Demarcation Line specified 
under paragraph (a) of this section are deemed to be fishing under the 
DAS program, unless the vessel's owner or an authorized representative 
declares the vessel out of the scallop, NE multispecies, or monkfish 
fishery, as applicable, for a specific time period by notifying the 
Regional Administrator through the VMS prior to the vessel leaving 
port.
* * * * *
    (c) Call-in notification. Owners of vessels issued limited access 
multispecies or monkfish permits who are participating in a DAS program 
and who are not required to provide notification using a VMS, scallop 
vessels qualifying for a DAS allocation under the occasional category 
and who have not elected to fish under the VMS notification 
requirements of paragraph (b) of this section, and vessels fishing 
pending an appeal as specified in Sec. 648.4(a)(1)(i)(H)(3) and 
(a)(9)(i)(J) are subject to the following requirements:
* * * * *
    (2) The vessel's confirmation numbers for the current and 
immediately prior multispecies or monkfish fishing trip must be 
maintained on board the vessel and provided to an authorized officer 
upon request.
* * * * *
    (5) Any vessel that possesses or lands per trip more than 400 lb 
(181 kg) of scallops, and any vessel issued a limited access 
multispecies permit subject to the DAS program and call-in requirement 
that possesses or lands regulated species, except as provided in 
Secs. 648.17 and 648.89, and any vessel issued a limited access 
monkfish permit subject to the DAS program and call-in requirement that 
possesses or lands monkfish above the incidental catch trip limits 
specified in Sec. 648.94(b) and (c) shall be deemed in the DAS program 
for purposes of counting DAS, regardless of whether the vessel's owner 
or authorized representative provided adequate notification as required 
by paragraph (c) of this section.
* * * * *
    10. In Sec. 648.11, the first sentence of paragraph (a) and 
paragraph (e) introductory text are revised to read as follows:


Sec. 648.11  At-sea sampler/observer coverage.

    (a) The Regional Administrator may request any vessel holding a 
permit for sea scallops, or NE multispecies or monkfish, or mackerel, 
squid, or butterfish, or scup, or black sea bass, or a moratorium 
permit for summer flounder, to carry a NMFS-approved sea sampler/
observer. * * *
* * * * *
    (e) The owner or operator of a vessel issued a summer flounder 
moratorium permit, or a scup moratorium permit, or a black sea bass 
moratorium permit, if requested by the sea sampler/observer also must:
* * * * *
    11. In Sec. 648.12, the introductory text is revised to read as 
follows:


Sec. 648.12  Experimental fishing.

    The Regional Administrator may exempt any person or vessel from the 
requirements of subparts A (General Provisions), B (Atlantic Mackerel, 
Squid, and Butterfish Fisheries), D (Atlantic Sea Scallop Fishery), E 
(Atlantic Surf Clam and Ocean Quahog Fisheries), F (NE Multispecies and 
Monkfish Fisheries), G (Summer Flounder Fishery), H (Scup Fishery), or 
I (Black Sea Bass Fishery) of this part for the conduct of experimental 
fishing beneficial to the management of the resources or fishery 
managed under that subpart. The Regional Administrator shall consult 
with the Executive Director of the MAFMC regarding such exemptions for 
the Atlantic mackerel, squid, and butterfish, summer flounder, scup, 
and black sea bass fisheries.
* * * * *
    12. In Sec. 648.14, paragraphs (a)(49) and (103) are revised, and 
paragraphs (x)(8) and (y) are added to read as follows:


Sec. 648.14  Prohibitions.

    (a) * * *
    (49) Violate any of the possession or landing restrictions on 
fishing with scallop dredge gear specified in Secs. 648.80(h) and 
648.94.
* * * * *
    (103) Sell, barter, trade or transfer, or attempt to sell, barter, 
trade or otherwise transfer, other than solely for transport, any 
multispecies or monkfish, unless the dealer or transferee has a dealer 
permit issued under Sec. 648.6.
* * * * *
    (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.
    (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 issued a 
limited access monkfish permit to do any of the following:
    (1) Fish for, possess, retain or land monkfish, unless:

[[Page 7611]]

    (i) The monkfish are being fished for or were harvested in or from 
the EEZ by a vessel issued a valid monkfish permit under this part and 
the operator on board such vessel has been issued an operator permit 
that is on board the vessel; or
    (ii) The monkfish were harvested by a vessel not issued a monkfish 
permit that fishes for monkfish exclusively in state waters; or
    (iii) The monkfish were harvested in or from the EEZ by a vessel 
engaged in recreational fishing.
    (2) Land, offload, or otherwise transfer, or attempt to land, 
offload, or otherwise transfer, monkfish from one vessel to another 
vessel, unless each vessel has not been issued a monkfish permit and 
fishes exclusively in state waters.
    (3) Sell, barter, trade, or otherwise transfer, or attempt to sell, 
barter, trade, or otherwise transfer for a commercial purpose, any 
monkfish, unless the vessel has been issued a monkfish permit, or 
unless the monkfish were harvested by a vessel with no monkfish permit 
that fishes for monkfish exclusively in state waters.
    (4) Fish for, possess, retain, or land monkfish, or operate or act 
as an operator of a vessel fishing for or possessing monkfish in or 
from the EEZ without having been issued and possessing a valid operator 
permit.
    (5) Fish with, use, or have on board, while fishing under a 
monkfish DAS within the Northern Fishery Management Area or Southern 
Fishery Management Area as described in Sec. 648.91(a) and (b), nets 
with mesh size smaller than the minimum mesh size specified in 
Sec. 648.91(c).
    (6) Violate any provision of the incidental catch permit 
restrictions as provided in Secs. 648.4(a)(9)(ii) and 648.94(c).
    (7) Possess, land, or fish for monkfish while in possession of 
dredge gear on a vessel not fishing under the scallop DAS program as 
described in Sec. 648.53, or fishing under a general scallop permit, 
except for vessels with no monkfish permit that fish for monkfish 
exclusively in state waters.
    (8) Purchase, possess, or receive as a dealer, or in the capacity 
of a dealer, monkfish in excess of the possession limit specified in 
Sec. 648.94 applicable to a vessel issued a limited access monkfish 
permit, or in excess of the trip limits specified in Sec. 648.94(b) and 
(c) applicable to a vessel with a monkfish incidental catch permit.
    (9) Fail to comply with the monkfish size limit restrictions of 
Sec. 648.93.
    (10) Fail to comply with the monkfish liver landing restrictions of 
Sec. 648.94(d).
    (11) Fish for, possess or land more than the landing limit of 
monkfish specified in Sec. 648.94 after using up the vessel's annual 
monkfish DAS allocation or when not participating in the monkfish DAS 
program pursuant to Sec. 648.92.
    (12) If fishing with a VMS unit under Sec. 648.10:
    (i) Fail to have a certified, operational, and functioning VMS unit 
that meets the specifications of Sec. 648.9 on board the vessel at all 
times.
    (ii) Fail to comply with the notification, replacement, or any 
other requirements regarding VMS usage as specified in Sec. 
    648.10.
    (13) Combine, transfer, or consolidate DAS allocations.
    (14) Fish for, possess, or land monkfish with or from a vessel that 
has had the horsepower of such vessel or its replacement upgraded or 
increased in excess of the limitations specified in 
Sec. 648.4(a)(9)(i)(E) and (F).
    (15) Fish for, possess, or land monkfish with or from a vessel that 
has had the length, GRT, or NT of such vessel or its replacement 
upgraded or increased in excess of the limitations specified in 
Sec. 648.4(a)(9)(i)(E) and (F).
    (16) Fail to comply with any provision of the DAS notification 
program as specified in Sec. 648.10.
    (17) If the vessel has been issued a limited access monkfish permit 
and fishes under a monkfish DAS, fail to comply with gillnet 
requirements and restrictions specified in Sec. 648.92(b)(8).
    (18) If the vessel is fishing under the gillnet category, fail to 
comply with the applicable restrictions and requirements specified in 
Sec. 648.92(b)(8).
    (19) Fail to produce, or cause to be produced, gillnet tags when 
requested by an authorized officer.
    (20) Tag a gillnet or use a gillnet tag that has been reported 
lost, missing, destroyed, or issued to another vessel, or use a false 
gillnet tag.
    (21) Sell, transfer, or give away gillnet tags that have been 
reported lost, missing, destroyed, or issued to another vessel.
    13. Revise the heading for subpart F to read as follows:

Subpart F--Management Measures for the NE Multispecies and Monkfish 
Fisheries

* * * * *
    14. Revise the heading of Sec. 648.80 to read as follows:


Sec. 648.80  Multispecies regulated mesh areas and restrictions on gear 
and methods of fishing.

* * * * *
    15. Revise the heading of Sec. 648.81 to read as follows:


Sec. 648.81  Multispecies closed areas.

* * * * *
    16. Revise the heading of Sec. 648.82 to read as follows:


Sec. 648.82  Effort-control program for multispecies limited access 
vessels.

* * * * *
    17. Revise the heading of Sec. 648.83 to read as follows:


Sec. 648.83  Multispecies minimum fish sizes.

* * * * *
    18. In Sec. 648.84, paragraph (a) is revised to read as follows:


Sec. 648.84  Gear-marking requirements and gear restrictions.

    (a) Bottom-tending fixed gear, including, but not limited to, 
gillnets and longlines designed for, capable of, or fishing for NE 
multispecies or monkfish, must have the name of the owner or vessel or 
the official number of that vessel permanently affixed to any buoys, 
gillnets, longlines, or other appropriate gear so that the name of the 
owner or vessel or the official number of the vessel is visible on the 
surface of the water.
* * * * *
    19. Revise the heading of Sec. 648.86 to read as follows:


Sec. 648.86  Multispecies possession restrictions.

* * * * *
    20. Revise the heading of Sec. 648.88 to read as follows:


Sec. 648.88  Multispecies open access permit restrictions.

* * * * *
    21. In Sec. 648.90, the section heading and paragraph (c) are 
revised to read as follows:


Sec. 648.90  Multispecies framework specifications.

* * * * *
    (c) Nothing in this section is meant to derogate from the authority 
of the Secretary to take emergency action and interim measures under 
section 305(c) of the Magnuson-Stevens Act.
    22. New Secs. 648.91 through 648.94, and Sec. 648.96 are added to 
subpart F to read as follows:


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

    All vessels must comply with the following minimum mesh size, gear, 
and methods of fishing requirements, unless otherwise exempted or 
prohibited:

[[Page 7612]]

    (a) Northern Fishery Management Area (NFMA)-- Area definition. The 
NFMA (copies of a chart depicting the area are available from the 
Regional Administrator upon request) is that area defined by a line 
beginning at the intersection of 70 deg.03* W. longitude and the south-
facing shoreline of Cape Cod, MA (point A), then southward along 
70 deg. W. longitude to 41 deg. N. latitude, then eastward to the U.S.-
Canada maritime boundary, then in a northerly direction along the U.S.-
Canada maritime boundary until it intersects the Maine shoreline, and 
then following the coastline in a southerly direction until it 
intersects with point A.
    (b) Southern Fishery Management Area (SFMA)-- Area definition. The 
SFMA (copies of a chart depicting the area are available from the 
Regional Administrator upon request) is that area defined by a line 
beginning at point A, then in a southerly direction to the NC-SC 
border, then due east to the 200-mile limit, then in a northerly 
direction along the 200-mile limit to the U.S.-Canada maritime 
boundary, then in a northwesterly direction along the U.S.-Canada 
maritime boundary to 41 deg. N. latitude, and then westward to 70 deg. 
W. longitude, and finally north to the shoreline at Cape Cod, MA (point 
A).
    (c) Gear restrictions--(1) Minimum mesh size--(i) Trawl nets while 
on a monkfish DAS. Except as provided in paragraph (c)(1)(ii) of this 
section, the minimum mesh size for any trawl net, including beam trawl 
nets, used by a vessel fishing under a monkfish DAS is 10-inch (25.4 
cm) square or 12-inch (30.5 cm) diamond mesh throughout the codend for 
at least 45 continuous meshes forward of the terminus of the net. The 
remainder of the trawl net may contain mesh that is no smaller than the 
regulated mesh specified by Sec. 648.80(a)(2)(i), (b)(2)(i), or 
(c)(2)(i) of the Northeast multispecies regulations, depending upon the 
multispecies regulated mesh area being fished.
    (ii) Trawl nets while on a monkfish and multispecies DAS. For 
vessels issued a Category C or D limited access monkfish permit and 
fishing with trawl gear under both a monkfish and multispecies DAS, 
mesh size may be no smaller than allowed under regulations regarding 
mesh size for the NE Multispecies FMP at Sec. 648.80(a)(2)(i), 
(b)(2)(i), or (c)(2)(i), depending upon the multispecies regulated mesh 
area being fished.
    (iii) Gillnets while on a monkfish DAS. The minimum mesh size for 
any gillnets used by a vessel fishing under a monkfish DAS is 10-inches 
(25.4 cm) diamond.
    (iv) Authorized gear while on a monkfish and scallop DAS. Vessels 
issued a Category C or D 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.
    (2) Other gear restrictions. (i) A vessel may not fish with dredges 
or have dredges on board while fishing under a monkfish DAS.
    (ii) All other non-conforming gear must be stowed as specified in 
Sec. 648.81(e).
    (iii) The mesh restrictions in paragraph (c)(1) of this section do 
not apply to nets or pieces of nets smaller than 3 ft (0.9 m) x 3 ft 
(0.9 m), (9 ft2 (0.81 m2)).


Sec. 648.92  Effort-control program for monkfish limited access 
vessels.

    (a) General. A vessel issued a limited access monkfish permit may 
not fish for, possess, retain, or land monkfish, except during a DAS as 
allocated under and in accordance with the applicable DAS program 
described in this section, except as otherwise provided in this part.
    (1) End-of-year carry-over. With the exception of vessels that held 
a Confirmation of Permit History as described in Sec. 648.4(a)(1)(i)(J) 
for the entire fishing year preceding the carry-over year, limited 
access vessels that have unused DAS on the last day of April of any 
year may carry over a maximum of 10 unused DAS into the next fishing 
year. Any DAS that have been forfeited due to an enforcement proceeding 
will be deducted from all other unused DAS in determining how many DAS 
may be carried over.
    (2) [Reserved]
    (b) Monkfish DAS program--permit categories and allocations-- (1) 
Limited access monkfish permit holders. For fishing years 1999, 2000, 
and 2001, all limited access monkfish permit holders shall be allocated 
40 monkfish DAS for each fishing year. For fishing years 2002 and 
thereafter, no monkfish DAS will be allocated to any limited access 
monkfish permit holder.
    (2) Category C and D limited access monkfish permit holders. Each 
monkfish DAS used by a limited access multispecies or scallop vessel 
holding a Category C or D limited access monkfish permit shall also be 
counted as a multispecies or scallop DAS, as applicable.
    (3) Accrual of DAS. Same as Sec. 648.53(e).
    (4) Good Samaritan credit. Same as Sec. 648.53(f).
    (5) Spawning season restrictions. A vessel issued a valid Category 
A or B limited access monkfish permit under Sec. 648.4(a)(9)(i)(A)(1) 
or (a)(9)(i)(A)(2) must declare and be out of the monkfish DAS program, 
as described in paragraph (b) of this section, for a 20-day period 
between April 1 and June 30 of each calendar year using the 
notification requirements specified in Sec. 648.10. If a vessel owner 
has not declared and been out for a 20-day period between April 1 and 
June 30 of each calendar year on or before June 11 of each year, the 
vessel is prohibited from fishing for possessing or landing any 
monkfish during the period June 11 through June 30, inclusive.
    (6) Declaring monkfish DAS and blocks of time out. A vessel's owner 
or authorized representative shall notify the Regional Administrator of 
a vessel's participation in the monkfish DAS program and declaration of 
its 20-day period out of the monkfish DAS program, using the 
notification requirements specified in Sec. 648.10.
    (7) Adjustments in annual monkfish DAS allocations. Adjustments in 
annual monkfish DAS allocations, if required to meet fishing mortality 
goals, may be implemented pursuant to the framework adjustment 
procedures of Sec. 648.96.
    (8) Gillnet restrictions--(i) Number and size of nets. A vessel 
issued a monkfish limited access permit or fishing under a monkfish DAS 
may not fish with, haul, possess, or deploy more than 160 gillnets. A 
vessel issued a multispecies limited access permit and a limited access 
monkfish permit, or fishing under a monkfish DAS, may fish any 
combination of monkfish, roundfish, and flatfish gillnets, up to 160 
nets total, provided that the number of monkfish, roundfish, and 
flatfish gillnets is consistent with the limitations of 
Sec. 648.82(k)(1)(i) and that the nets are tagged in accordance with 
the regulations, as specified in Sec. 648.82. Nets may not be longer 
than 300 ft (91.44 m), or 50 fathoms, in length.
    (ii) Tagging requirements. Beginning May 1, 1999, all gillnets 
fished, hauled, possessed, or deployed by a vessel fishing for monkfish 
under a monkfish DAS must have one monkfish tag per net, with one tag 
secured to every other bridle of every net within a string of nets. 
Tags must be obtained as described in Sec. 648.4. A vessel operator 
must account for all net tags upon request by an authorized officer.
    (iii) Lost tags. A vessel owner or operator must report lost, 
destroyed, or missing tag numbers by letter or fax to the Regional 
Administrator within 24 hours after tags have been discovered lost, 
destroyed, or missing.

[[Page 7613]]

    (iv) Replacement tags. A vessel owner or operator seeking 
replacement of lost, destroyed, or missing tags must request 
replacement tags by letter or fax to the Regional Administrator. A 
check for the cost of the replacement tags must be received before tags 
will be re-issued.
    (v) Method of counting DAS. A vessel fishing with gillnet gear 
under a monkfish DAS will accrue 15 hours monkfish DAS for each trip 
greater than 3 hours but less than or equal to 15 hours. Such vessel 
will accrue actual monkfish DAS time at sea for trips less than or 
equal to 3 hours or greater than 15 hours. A vessel fishing with 
gillnet gear under only a monkfish DAS is not required to remove 
gillnet gear from the water upon returning to the dock and calling out 
of the DAS program, provided that the vessel complies with the 
requirements and conditions of paragraphs (b)(8)(i), (ii), (iii), (iv), 
and (v) of this section.


Sec. 648.93  Monkfish minimum fish sizes.

    (a) Minimum fish sizes. (1) All monkfish caught in or from the EEZ 
or by vessels issued a Federal monkfish permit are subject to the 
following minimum fish sizes (total length and tail length):

              MINIMUM FISH SIZES (Total Length/Tail Length)
------------------------------------------------------------------------
                  Total Length                         Tail Length
------------------------------------------------------------------------
17 inches (43.2 cm)............................      11 inches (27.9 cm)
------------------------------------------------------------------------

    (2) The minimum fish size applies to the whole fish (total length) 
or to the tail of a fish (tail length) at the time of landing. Fish or 
parts of fish must have skin on while possessed on board a vessel and 
at the time of landing in order to meet minimum size requirements. 
``Skin on'' means the entire portion of the skin normally attached to 
the portion of the fish or fish parts possessed. Monkfish tails will be 
measured from the anterior portion of the fourth cephalic dorsal spine 
to the end of the caudal fin. Any tissue anterior to the fourth dorsal 
spine will be ignored. If the fourth dorsal spine or the tail is not 
intact, the minimum size will be measured between the most anterior 
vertebra and the most posterior portion of the tail.
    (b) Adjustments--(1) Vessels fishing in the SFMA. (i) Unless the 
Regional Administrator makes the determination specified in paragraph 
(b)(1)(ii), beginning on May 1, 2000, the minimum fish size limit for 
vessels fishing or landing in the SFMA only is 21 inches (53.3 cm) 
total length/14 inches (35.6 cm) tail length.
    (ii) If, based on landings, projected landings, and other available 
data, the Regional Administrator determines that the SFMA monkfish 
catch for the period May 1, 1999, through April 30, 2000, is less than 
or equal to the Year 1 SFMA TAC, a notification will be published in 
the Federal Register specifying the SFMA size limit at 17 inches (43.2 
cm) total length/11 inches (27.9 cm) tail length.
    (2) Vessels fishing in the NFMA. An adjustment to the minimum size 
possession limits for vessels catching or landing fish in the SFMA 
under paragraph (b)(1) of this section will not affect the minimum size 
possession limits for vessels catching fish only in or from the NFMA, 
which will remain as described in paragraph (a)(1) of this section. 
When the size limits specified in paragraph (b)(1) of this section 
become effective for the SFMA, a vessel intending to fish for and catch 
monkfish under a monkfish DAS only in the NFMA must declare into that 
area for a period not less than 30 days when calling in under the DAS 
program or as otherwise directed by the Regional Administrator. A 
vessel that has not declared into the NFMA under this paragraph shall 
be presumed to have fished in the SFMA and shall be subject to the more 
restrictive requirements of that area. Such restrictions shall apply to 
the entire trip. A vessel that has declared its intent to fish in the 
NFMA may transit the SFMA providing that it complies with the 
transiting provisions described in Sec. 648.94(e) and provided that it 
does not fish for or catch monkfish in the SFMA.


Sec. 648.94  Monkfish possession and landing restrictions.

    (a) General. Monkfish may be possessed or landed either as tails 
only, or in whole form, or any combination of the two. When both tails 
and whole fish are possessed or landed, the possession or landing limit 
for monkfish tails shall be the difference between the whole weight 
limit minus the landing of whole monkfish, divided by 3.32. A 996 lb 
(452 kg) whole weight trip limit and a 600 lb (272 kg) landing of whole 
fish shall, for example, allow for a maximum landing of tails of 101.2 
lb (46 kg).
    (b) Vessels issued limited access monkfish permits--(1) Vessels 
fishing under the monkfish DAS program prior to May 1, 2000. For 
vessels fishing under the monkfish DAS program prior to May 1, 2000, 
there is no monkfish trip limit.
    (2) Vessels fishing under the monkfish DAS program May 1, 2000, and 
thereafter. (i) Unless the Regional Administrator makes the 
determination specified in paragraph (b)(2)(ii), the trip limits 
specified in paragraphs (b)(2)(iii), (iv), (v), and (vi) of this 
section apply to vessels fishing under the monkfish DAS program in the 
SFMA.
    (ii) If, based on landings, projected landings, and other available 
data, the Regional Administrator determines that the SFMA monkfish 
catch for the period May 1, 1999, through April 30, 2000, is less than 
or equal to the Year 1 SFMA TAC, no monkfish trip limit shall apply to 
a vessel that is fishing under a monkfish DAS. Such determination shall 
be published in the Federal Register.
    (iii) Category A and C vessels using trawl gear. Category A and C 
vessels exclusively using trawl gear during a monkfish DAS may land up 
to 1,500 lb (680 kg) tail-weight or 4,980 lb (2,259 kg) whole weight of 
monkfish per DAS (or any prorated combination of tail-weight and whole 
weight based on the conversion factor).
    (iv) Category B and D vessels using trawl gear. Category B and D 
vessels using exclusively trawl gear during a monkfish DAS may land up 
to 1,000 lb (454 kg) tail-weight or 3,320 lb (1,506 kg) whole weight of 
monkfish per DAS (or any prorated combination of tail-weight and whole 
weight based on the conversion factor).
    (v) Vessels using gear other than trawl gear. Any vessel issued a 
limited access monkfish permit and using gear other than trawl gear 
during a monkfish 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).
    (vi) Administration of landing limits. The procedures in 
Sec. 648.86 for administering the trip limit for cod under the NE 
Multispecies FMP apply to landings of monkfish during a monkfish DAS.
    (A) A vessel owner or operator may not exceed the monkfish trip 
limit based on monkfish DAS accrued at the time of landing unless the 
vessel has sufficient monkfish DAS to account for such overage and the 
landing of such overage is consistent with Sec. 648.86. Vessels 
calling-out of the monkfish DAS program under Sec. 648.10(c)(3) that 
have utilized only part of a monkfish DAS (less than 24 hours) may land 
up to an additional full daily trip limit of monkfish as specified in 
paragraphs (b)(2)(iii), (iv), and (v) of this section for that part of 
a monkfish DAS; however, such vessels may not end any subsequent trip 
with monkfish on board within the 24-hour period following the

[[Page 7614]]

beginning of the part of the monkfish DAS utilized (e.g., a vessel that 
has called-in to the monkfish DAS program at 3 p.m. on a Monday and 
ends its trip the next day (Tuesday) at 4 p.m.(accruing a total of 25 
hours) may legally land up to twice the trip limit of monkfish as 
specified in paragraphs (b)(2)(iii), (iv), and (v) of this section, but 
the vessel may not end any subsequent trip with monkfish on board until 
after 3 p.m. on the following day (Wednesday)).
    (B) Landing in excess of trip limits. A vessel subject to the 
monkfish landing limit restrictions described in paragraphs 
(b)(2)(iii), (iv) and (v) of this section may come into port with and 
offload monkfish in excess of the landing limit as determined by the 
number of monkfish DAS elapsed since the vessel called into the 
monkfish DAS program, provided that the landing of such overage is 
consistent with Sec. 648.86, and provided that:
    (1) The vessel operator does not call-out of the monkfish DAS 
program as described under Sec. 648.10(c)(3) and does not depart from a 
dock or mooring in port to engage in fishing, unless transiting as 
allowed in paragraph (e) of this section, until sufficient time has 
elapsed to account for and justify the amount of monkfish harvested at 
the time of offloading, regardless of whether all of the monkfish on 
board is offloaded (e.g., a vessel with a Category A or Category C 
permit that has called-in to the monkfish DAS program at 3 p.m. on 
Monday that fishes and comes back into port at 4 p.m. on Wednesday of 
that same week with 6,000 lb (2,722 kg) tail-weight or 19,920 lb (9,036 
kg) whole weight of monkfish--or a vessel with a Category B or Category 
D permit that has called-in to the monkfish DAS program at 3 p.m. on 
Monday that fishes and comes back into port at 4 p.m. on Wednesday of 
that same week with 4,000 lb (1,814 kg) tail-weight or 13,280 lb (6,024 
kg) whole weight of monkfish and offloads some or all of its catch--
cannot call out of the monkfish DAS program or leave port until 3:01 
p.m. the next day, Thursday (i. e., 3 days plus one minute)); and
    (2) Upon returning to port and before offloading, the vessel 
operator notifies the Regional Administrator and provides the following 
information: Vessel name and permit number, port landed, owner and 
caller name, monkfish DAS confirmation number, phone number, the hail 
weight of monkfish or monkfish tails on board, and the amount of 
monkfish to be offloaded, if any. A vessel that has not exceeded the 
landing limit and is offloading and ending its trip by calling out of 
the monkfish DAS program does not have to report under this call-in 
system. Also, calling out of a fishery's DAS program when fishing under 
DAS for two fisheries at the same time may be done independently of 
each fishery. For example, a vessel that has been fishing under a 
multispecies or scallop DAS and a monkfish DAS at the same time and is 
reporting an overage in its monkfish landing limit does not have to 
call out of its multispecies or scallop DAS, and vice-versa.
    (C) A vessel that has not exceeded the monkfish landing limit 
restrictions described in paragraphs (b)(2)(iii) and (iv) of this 
section and that is offloading some or all of its catch without calling 
out of the monkfish DAS program under Sec. 648.10(c)(3) is subject to 
the call-in requirement described in paragraph (b)(2)(vi)(B)(2) of this 
section.
    (3) Category C and D vessels fishing during a multispecies DAS 
prior to May 1, 2002--(i) NFMA. There is no monkfish trip limit for a 
Category C or D vessel that is fishing under a multispecies DAS 
exclusively in the NFMA.
    (ii) SFMA. If any portion of a trip is fished only under a 
multispecies DAS, and not under a monkfish DAS, in the SFMA, the 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 if 
gear other than trawl gear is used during the trip.
    (iii) Transiting. A vessel that harvested monkfish in the NFMA may 
transit the SFMA and possess monkfish in excess of the SFMA landing 
limit provided such vessel complies with the provisions of 
Sec. 648.94(e).
    (4) Category C and D vessels fishing during a multispecies DAS from 
May 1, 2002, and thereafter--(i) NFMA. Any Category C or D vessel that 
is fishing under a multispecies DAS in the NFMA may land up to 300 lb 
(136 kg) tail-weight or 996 lb (452 kg) whole weight of monkfish per 
DAS, or 25 percent of the total weight of fish on board, whichever is 
less.
    (ii) SFMA. If any portion of a trip is fished only under a 
multispecies DAS and not under a monkfish DAS in the SFMA, a vessel 
issued a Category C or D permit may land up to 300 lb (136 kg) tail-
weight or 996 lb (452 kg) whole weight of monkfish per DAS, or 25 
percent of the total weight of fish on board, whichever is less, if 
trawl gear is used exclusively during the trip, or 50 lb (23 kg) tail-
weight or 166 lb (75 kg) whole weight if gear other than trawl gear is 
used during the trip.
    (5) Category C and D vessels fishing under the scallop DAS program 
prior to May 1, 2002. A category C or D vessel fishing under a scallop 
DAS with a dredge on board, or under a net exemption provision as 
specified at Sec. 648.51(f), 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).
    (6) Category C and D vessels fishing under the scallop DAS program 
from May 1, 2002, and thereafter. A category C or D vessel fishing 
under a scallop DAS with a dredge on board may land up to 200 lb (91 
kg) tail-weight or 664 lb (301 kg) whole weight of monkfish per DAS (or 
any prorated combination of tail-weight and whole weight based on the 
conversion factor).
     (c) Vessels issued a monkfish incidental catch permit--(1) Vessels 
fishing under a multispecies DAS--(i) NFMA. Vessels issued a monkfish 
incidental catch permit fishing under a multispecies DAS exclusively in 
the NFMA 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), or 25 percent 
of the total weight of fish on board, whichever is less.
    (ii) SFMA. If any portion of the trip is fished by a vessel issued 
a monkfish incidental catch 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 dredge vessels fishing under a scallop DAS--(i) Prior 
to May 1, 2002. A scallop dredge vessel issued a monkfish incidental 
catch 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).
    (ii) From May 1, 2002, and thereafter. A scallop dredge vessel 
issued a monkfish incidental catch permit fishing under a scallop DAS 
may land up to 200 lb (91 kg) tail-weight or 664 lb (301 kg) whole 
weight of monkfish per DAS (or any prorated combination of tail-weight 
and whole weight based on the conversion factor).
    (3) Vessels not fishing under a monkfish, multispecies or scallop 
DAS--(i) Vessels fishing in the GOM/GB, SNE and MA Regulated Mesh Areas 
with large mesh. A vessel issued a valid monkfish incidental catch 
permit and

[[Page 7615]]

fishing in the GOM/GB or SNE RMAs with large mesh as defined in 
Sec. 648.80(a)(2)(i) and (b)(2)(i), respectively, or fishing in the MA 
RMA with mesh no smaller than specified at Sec. 648.104(a)(1), while 
not on a monkfish, multispecies, or scallop DAS, may possess, retain, 
and land monkfish (whole or tails) only up to 5 percent of the total 
weight of fish on board.
    (ii) [Reserved]
    (4) Vessels fishing with small mesh. A vessel issued a valid 
monkfish incidental catch permit and fishing with mesh smaller than the 
mesh size specified by area in paragraph (c)(3) of this section, while 
not on a monkfish, 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 trip.
    (5) Small vessels. A vessel issued a limited access multispecies 
permit and a valid monkfish incidental catch permit that is  
30 feet (9.1 m) in length and that elects not to fish under the 
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 trip, 
regardless of the weight of other fish on board.
    (6) Vessels fishing with handgear. A vessel issued a valid monkfish 
incidental catch permit and fishing exclusively with rod and reel or 
handlines with no other fishing gear on board, while not on a monkfish, 
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 
trip, regardless of the weight of other fish on board.
    (d) Monkfish liver landing restrictions. (1) A vessel authorized to 
land monkfish under this part may possess or land monkfish livers up to 
25 percent of the tail-weight of monkfish, or up to 10 percent of the 
whole weight of monkfish, per trip, except as provided under paragraph 
(d)(2) of this section.
    (2) If a vessel possesses or lands both monkfish tails and whole 
monkfish, the vessel may land monkfish livers up to 10 percent of the 
whole weight of monkfish per trip using the following weight ratio:
    (0.10) x [(tail weight x 3.32) + (whole fish x 1)]
    NOTE: The value 3.32 is the live weight conversion for tails and 
the value of 1 is the live weight conversion for fish landed in a whole 
condition.
    (e) Transiting. A vessel that has declared into the NFMA for the 
purpose of fishing for monkfish, or a vessel that is subject to less 
restrictive measures in the NFMA, may transit the SFMA, provided that 
the vessel does not harvest or possess monkfish from the SFMA and that 
the vessel's fishing gear is properly stowed and not available for 
immediate use in accordance with Sec. 648.81(e). A vessel that has 
exceeded the monkfish landing limit as specified in paragraphs 
(b)(2)(iii), (iv), and (v) of this section and is, therefore, subject 
to remain in port for the period of time described in paragraph 
(b)(2)(vi)(B) of this section, may transit to another port during this 
time, provided that the vessel operator notifies the Regional 
Administrator either at the time the vessel reports its hailed tail-
weight or whole weight of monkfish or at a later time prior to 
transiting, and provides the following information: Vessel name and 
permit number, destination port, time of departure, and estimated time 
of arrival. A vessel transiting under this provision must stow its gear 
in accordance with one of the methods specified in Sec. 648.81(e), and 
may not have any fish on board the vessel.
    (f) Area declaration. Should the trip limits specified in 
paragraphs (b)(2)(iii), (iv), (v), and (vi) of this section be 
implemented under paragraph (b)(2) of this section, a vessel, in order 
to fish for monkfish under a monkfish DAS in the NFMA, must declare 
into that area for a period of not less than 30 days. A vessel that has 
not declared into the NFMA under this paragraph will be presumed to 
have fished in the SFMA under the more restrictive requirements of that 
area. Such restrictions will apply to the entire trip. A vessel that 
has declared its intent to fish in the NFMA may transit the SFMA, 
provided that it complies with the transiting provisions described in 
paragraph (e) of this section.
    (g) Other landing restrictions. Vessels are subject to any other 
applicable landing restrictions of this part.


Sec. 648.96  Monkfish framework specifications.

    (a) Annual review. The Monkfish Monitoring Committee (MMC) will 
meet on or before November 15 of each year to develop target TACs for 
the upcoming fishing year and options for NEFMC and MAFMC consideration 
on any changes, adjustment, or additions to DAS allocations, trip 
limits, size limits, or other measures necessary to achieve the 
Monkfish FMP goals and objectives.
    (1) The MMC will review available data pertaining to discards and 
landings, DAS, and other measures of fishing effort; stock status and 
fishing mortality rates; enforcement of and compliance with management 
measures; and any other relevant information.
    (2) Based on this review, the MMC will recommend target TACs and 
develop options necessary to achieve the Monkfish FMP goals and 
objectives, which may include a preferred option. The MMC must 
demonstrate through analysis and documentation that the options it 
develops are expected to meet the Monkfish FMP goals and objectives. 
The MMC may review the performance of different user groups or fleet 
sectors in developing options. The range of options developed by the 
MMC 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 (possibly expressed as a daily limit and possibly 
administered via a running clock); 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; and other frameworkable measures presently included in 
Secs. 648.55 and 648.90.
    (3) The Councils will review the recommended target TACs and all of 
the options developed by the MMC and other relevant information, 
consider public comment, and develop a recommendation to meet the 
Monkfish FMP objectives, consistent with other applicable law. The 
Councils may delegate authority to the Joint Monkfish Oversight 
Committee to conduct an initial review of the options developed by the 
MMC. The oversight committee would review the options developed by the 
MMC and any other relevant information, consider public comment, and 
make a recommendation to the Councils. If the Councils do not submit a 
recommendation that meets the Monkfish FMP objectives and is consistent 
with other applicable law, the Regional Administrator may adopt any 
option developed by the MMC unless rejected by either Council, provided 
such option meets the Monkfish FMP objectives and is consistent with 
other applicable law. If either the NEFMC or MAFMC has rejected all 
options, then the Regional Administrator may select any measure that 
has not been rejected by both Councils.
    (4) Based on this review, the Councils will submit a recommendation 
to the Regional Administrator of any changes, adjustments, or additions 
to management measures necessary to achieve the Monkfish FMP's goals 
and objectives. Included in the Councils' recommendation will be 
supporting documents, as appropriate, concerning the environmental and 
economic

[[Page 7616]]

impacts of the proposed action and the other options considered by the 
Councils. Documentation and analyses for the framework adjustment will 
be available at least 2 weeks before the first of the final two 
meetings at each Council. Management adjustments or amendments for 
monkfish will require majority approval of each Council for submission 
to the Secretary.
    (5) If the Councils submit, on or before January 7 of each year, a 
recommendation to the Regional Administrator after one framework 
meeting, and the Regional Administrator concurs with the 
recommendation, the recommendation will be published in the Federal 
Register as a proposed rule. The Federal Register notification of the 
proposed action will provide a 30-day public comment period. The 
Councils may instead submit their recommendation on or before February 
1 if they choose to follow the framework process outlined in paragraph 
(c) of this section and request that the Regional Administrator publish 
the recommendation as a final rule. If the Regional Administrator 
concurs that the Councils' recommendation meets the Monkfish FMP 
objectives and is consistent with other applicable law, and determines 
that the recommended management measures should be published as a final 
rule, the action will be published as a final rule in the Federal 
Register. If the Regional Administrator concurs that the recommendation 
meets the Monkfish FMP objectives and is consistent with other 
applicable law and determines that a proposed rule is warranted, and, 
as a result, the effective date of a final rule falls after the start 
of the fishing year, fishing may continue. However, DAS used by a 
vessel on or after the start of a fishing year will be counted against 
any DAS allocation the vessel ultimately receives for that year.
    (6) If the Regional Administrator concurs in the Councils' 
recommendation, a final rule will be published in the Federal Register 
about a month before each fishing year. If the Councils fail to submit 
a recommendation to the Regional Administrator by February 1 that meets 
the Monkfish FMP goals and objectives, the Regional Administrator may 
publish as a proposed rule one of the MMC options reviewed and not 
rejected by either Council, provided that the option meets the Monkfish 
FMP objectives and is consistent with other applicable law. If the 
Councils fail to submit a recommendation that meets the objectives and 
is consistent with other applicable law, the Regional Administrator may 
adopt any option developed by the MMC, unless it was rejected by either 
the New England or Mid-Atlantic Council, provided the option meets the 
objective and is consistent with other applicable law. If, after 
considering public comment, the Regional Administrator decides to 
approve the option published as a proposed rule, the action will be 
published as a final rule in the Federal Register.
    (b) Three-year review of biological objectives and reference 
points. The MMC will meet on or before November 15, 2001, to evaluate 
threshold and target biological reference points. If adjustments are 
required, a framework action will be initiated to replace the existing 
(``default'') measures scheduled to take effect on May 1, 2002 (Year 
4). The framework process would include a comprehensive evaluation, 
conducted by the MMC during 2001, of the effectiveness of the 
management measures to reduce mortality below the overfishing threshold 
and allow rebuilding within (at that time) 6 years. If a change is 
required, the framework process would follow the procedure described in 
paragraph (a) of this section, but may also include an adjustment of 
the overfishing definition.
    (c) Within season management action. Either Council, or the joint 
Monkfish Oversight Committee (subject to the approval of the Councils 
chairmen), may at any time initiate action to add or adjust management 
measures if it is determined that action is necessary to meet or be 
consistent with the goals and objectives of the Monkfish FMP. Framework 
adjustments will require at least one initial meeting (the agenda must 
include notification of the framework adjustment proposal) and at least 
two Council meetings, one at each Council. Documentation and analyses 
for the framework adjustment will be available at least 2 weeks before 
the first of the final two meetings at each Council. Management 
adjustments or amendments for monkfish will require majority approval 
of each Council for submission to the Secretary.
    (1) Adjustment process. After a management action has been 
initiated, the Councils will develop and analyze appropriate management 
actions over the span of at least two Council meetings, one at each 
Council. The Councils will provide the public with advance notice of 
the availability of both the proposals and the analysis, and 
opportunity to comment on them prior to the first of the two final 
Council meetings. The Councils' recommendation on adjustments or 
additions to management measures must come from one or more of the 
following categories: 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 (possibly expressed as a daily limit and possibly 
administered via a running clock); 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; and other frameworkable measures presently included in 
Secs. 648.55 and 648.90.
    (2) Adjustment process for gear conflicts. The Councils may develop 
a recommendation on measures to address gear conflict as defined under 
Sec. 600.10 of this chapter, in accordance with the procedure specified 
in Sec. 648.55(d) and (e).
    (3) Councils' recommendation. After developing management actions 
and receiving public testimony, the Councils will make a recommendation 
to the Regional Administrator. The Councils' recommendation must 
include supporting rationale and, if management measures are 
recommended, an analysis of impacts and a recommendation to the 
Regional Administrator on whether to issue the management measures as a 
final rule. If the Councils recommend that the management measures 
should be issued as a final rule, the Councils must consider at least 
the following four factors and provide support and analysis for each 
factor considered:
    (i) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an 
entire harvest/fishing season;
    (ii) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the Councils' recommended management measures;
    (iii) Whether there is an immediate need to protect the resource or 
to impose management measures to resolve gear conflicts; and
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (4) Regional Administrator action. If the Councils' recommendation 
includes adjustments or additions to management measures and, after 
reviewing the Councils' recommendation and supporting information:
    (i) If the Regional Administrator concurs with the Councils' 
recommended management measures

[[Page 7617]]

and determines that the recommended management measures should be 
issued as a final rule based on the factors specified in paragraph 
(c)(3) of this section, the measures will be issued as a final rule in 
the Federal Register.
    (ii) If the Regional Administrator concurs with the Councils' 
recommendation and determines that the recommended management measures 
should be published first as a proposed rule, the measures will be 
published as a proposed rule in the Federal Register. After additional 
public comment, if the Regional Administrator concurs with the 
Councils' recommendation, the measures will be issued as a final rule 
in the Federal Register.
    (iii) If the Regional Administrator does not concur, the Councils 
will be notified in writing of the reasons for the non-concurrence.
    (d) Emergency action. Nothing in this section is meant to derogate 
from the authority of the Secretary to take emergency action under 
section 305(c) of the Magnuson-Stevens Act.
[FR Doc. 99-3506 Filed 2-9-99; 5:03 pm]
BILLING CODE 3510-22-F