[Federal Register Volume 70, Number 10 (Friday, January 14, 2005)]
[Proposed Rules]
[Pages 2586-2600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-755]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 041229366-4366-01; I.D. 122304D]
RIN 0648-AQ25


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Monkfish 
Fishery; Amendment 2

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement measures in Amendment 2 
to the Monkfish Fishery Management Plan (FMP) developed jointly by the 
New England and Mid-Atlantic Fishery Management Councils (Councils). 
Amendment 2 was developed to address essential fish habitat (EFH) and 
bycatch issues, and to revise the FMP to address several issues raised 
during the public scoping process. This proposed action includes the 
following programs and measures: A new limited access permit for 
qualified vessels fishing south of 38[deg] 20' N. lat.; an offshore 
trawl fishery in the Southern Fishery Management Area (SFMA); a maximum 
disc diameter of 6-inches (15.2 cm) for trawl gear vessels fishing in 
the SFMA; closure of two deep-sea canyon areas to all gears when 
fishing under the monkfish day-at-sea (DAS) program; establishment of a 
research DAS set-aside program; an exemption program for vessels 
fishing outside of the Exclusive Economic Zone (EEZ); adjustments to 
the incidental monkfish catch limits; a decrease in the minimum 
monkfish size in the SFMA; removal of the 20-day block requirement; 
revisions to the monkfish baseline provisions; and additions to the 
frameworable measures. This intent of this action is to provide 
efficient management of the monkfish fishery and to meet conservation 
objectives.

DATES: Comments must be received by 5 p.m., February 14, 2005.

ADDRESSES: Written comments on the proposed rule may be submitted by 
any of the following methods:
     E-mail: E-mail comments may be submitted to 
[email protected]. Include in the subject line the following ``Comments 
on the Proposed Rule for Monkfish Amendment 2.''
     Federal e-Rulemaking Portal: http://www.regulations.gov
     Mail: Comments submitted by mail should be sent to 
Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, One 
Blackburn Drive, Gloucester, MA 01930-2298. Mark the outside of the 
envelope ``Comments on the Proposed Rule for Monkfish Amendment 2.''
     Facsimile (fax): Comments submitted by fax should be faxed 
to (978) 281-9135.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule should be submitted to the Regional Administrator at the 
address above and by e-mail to [email protected], or fax to 
(202) 395-7285.
    Copies of Amendment 2, its Regulatory Impact Review (RIR), 
including the Initial Regulatory Flexibility Analysis (IRFA), and the 
Final Supplemental Environmental Impact Statement (FSEIS) are available 
on request from Paul J. Howard, Executive Director, New England Fishery 
Management Council, 50 Water Street, Newburyport, MA 01950. These 
documents are also available online athttp://www.nefmc.org.

FOR FURTHER INFORMATION CONTACT: Allison R. Ferreira, Fishery Policy 
Analyst, (978) 281-9103; fax (978) 281-9135; e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Councils developed Amendment 2 to address a number of issues 
that arose out of the implementation of the original FMP, as well as 
issues that were identified during public scoping. Issues arising from 
the original FMP include: The displacement of vessels from their 
established monkfish fisheries due to restrictive trip limits; 
unattainable permit qualification criteria for vessels in the southern 
end of the range of the fishery; discards (bycatch) of monkfish due to 
regulations (i.e., minimum size restrictions and incidental catch 
limits); and deficiencies in meeting Magnuson-Stevens Act requirements 
pertaining to protection of Essential Fish Habitat (EFH) in accordance 
with the Joint Stipulation and Order resulting from the legal challenge 
American Oceans Campaign, et al. v. Daley. Issues arising from public 
scoping include: Deficiencies in meeting Magnuson-Stevens Act 
requirements, including preventing overfishing and rebuilding 
overfished stocks; a need to improve monkfish data collection and 
research; the need to establish a North Atlantic Fisheries Organization 
(NAFO) exemption program for monkfish; multiple vessel baseline 
specifications for limited access monkfish vessels; a need to update 
environmental documents describing the impact of the FMP; and a need to 
reduce FMP complexity where possible.
    A notice of availability of a Draft Supplemental Environmental 
Impact Statement (DSEIS), which analyzed the impacts of all of the 
measures under consideration in Amendment 2, was published on April 30, 
2004 (69 FR 23571), with public comment accepted through July 28, 2004. 
Public hearings were held between June 15 and June 24, 2004, in six 
locations from Maine to North Carolina.

Proposed Measures

    1. Modification of the Limited Access Permit Qualification Criteria 
Modification of the limited access monkfish permit qualification 
criteria is being proposed to address concerns raised by some vessel 
owners who believe that they were not adequately notified of the 
monkfish control date and/or because of confusion regarding the 
southern boundary of the monkfish management unit in the initial FMP.
    Amendment 2 would provide a renewed opportunity for a non-limited 
access monkfish vessel to qualify for a new limited access monkfish 
permit if it could demonstrate that it had monkfish landed in the area 
south of 38[deg] 00' N. lat. during the qualification period March 15 
through June 15, for the years 1994 through 1998. Two permits would be 
available, depending on the amount of monkfish the vessel landed during 
the qualification period.

[[Page 2587]]

 Qualifying monkfish landing levels for these permits (specified below) 
would be the same amounts that were required for the original monkfish 
limited access permits. Vessels that could demonstrate that they landed 
at least 50,000 lb (22,680 kg) tail-weight, or 166,000 lb (75,298 kg) 
whole-weight, of monkfish from the area south of 38[deg] 00' N. lat. 
during the qualification period would qualify for a monkfish limited 
access Category G permit (these landing criteria correspond to the 
current Category A and C permits). Vessels that could demonstrate that 
they landed at least 7,500 lb (3,402 kg) tail-weight, or 24,900 lb 
(11,295 kg) whole-weight, of monkfish from the area south of 38[deg] 
00' N. lat. during the qualification period would qualify for a 
monkfish limited access Category H permit (these landing criteria 
correspond to the current Category B and D permits). Vessels would be 
prequalified for these permits based on landings information currently 
on file with NMFS. Vessels that have not prequalified for the Category 
G or H permits, or vessels that want to obtain a different permit than 
the one for which they qualified, would be required to submit written 
information documenting monkfish landings during the qualification 
period specified above. Landings would need to be documented through 
dealer weighout receipts or dealer reports submitted to NMFS or other 
NMFS-approved entity. An appeal process would be established, similar 
to the appeal process established for the original monkfish limited 
access program, to allow a vessel owner to appeal a denial of a 
Category G or H permit, if it is determined that the denial was based 
on incorrect information.
    Vessels qualifying for a Category G or H permit would be restricted 
to fishing on a monkfish DAS south of 38[deg] 20' N. lat. (the initial 
line was established at 38[deg] 00' N. lat. but was revised to 38[deg] 
20' N. lat. in response to sea turtle protection measures). In 
addition, the landing limit for Category G vessels when fishing under a 
monkfish DAS would be the same as for Category A or C vessels. The 
landing limit for Category H vessels when fishing under a monkfish DAS 
would be the same as Category B or D vessels. The Councils did not 
address the issue of monkfish incidental catch limits when not fishing 
under a monkfish DAS for Category G and H vessels. Therefore, NMFS 
intends to keep the incidental catch limit for these vessels the same 
as the incidental catch limits for vessels not issued a limited access 
monkfish permit (Category E vessels).

2. Offshore Fishery Program

    Amendment 2 would establish an Offshore Fishery Program in the SFMA 
that would allow vessels to elect to fish under a monkfish trip limit 
of 1,600 lb (725.8 kg) tail-weight (or 5,312 lb (2,410 kg) whole-
weight) when fishing in the Offshore Fishery Program Area, under 
specific conditions, regardless of the trip limit that would otherwise 
be applicable to that vessel. For a vessel electing to fish in this 
program, monkfish DAS would be pro-rated based on a trip limit ratio 
(the standard permit category trip limit applicable to non-program 
vessels fishing in the SFMA, divided by 1,600 lb (725.8 kg) (the trip 
limit specified for vessels fishing in the program)), multiplied by the 
monkfish DAS available to the vessel's permit category when fishing in 
the SFMA. For example, in fishing year 2004, when the trip limit and 
DAS for permit Category C were set at 550 lb (249.5 kg) tail-weight and 
28 DAS, respectively, a permit Category C vessel would be provided 9.6 
monkfish DAS if electing to fish under the Offshore Fishery Program 
(550 lb (249.5 kg)/1,600 lb (725.8 kg) x 28 DAS = 9.6 DAS).
    Vessels electing to fish in this program would be required to fish 
under the program rules for the entire fishing year and would receive a 
separate monkfish permit category (Category F). For the 2005 fishing 
year, vessels would be allowed to change their current permit category 
to permit Category F within 45 days of the effective date of the final 
rule implementing Amendment 2, if approved, provided the vessel did not 
fish under a monkfish DAS during the 2005 fishing year.
    A vessel electing to fish in this program would be allowed to fish 
its monkfish DAS only within the Offshore Fishery Program Area from 
October through April. In addition, vessels would be prohibited from 
fishing on a monkfish DAS outside the program area. Enrolled vessels 
would be required to have on board a vessel monitoring system (VMS) 
that is operational during the entire October through April season. 
Unless subject to VMS requirements under regulations specific to 
another FMP, vessels would be allowed to turn their VMS units off 
between May 1 and September 30 for a minimum of 30 days.
    A vessel electing to fish in this program would be subject to the 
gear requirements applicable to monkfish permit Category A and B 
vessels (monkfish vessels that do not also possess a Northeast (NE) 
multispecies or scallop limited access permit) when fishing under a 
monkfish DAS, i.e., vessels fishing with trawl gear must fish with a 
minimum mesh size of 10-inch (25.4-cm) square or 12-inch (30.5-cm) 
diamond mesh throughout the codend. Monkfish Category C and D vessels 
that elect to fish in this program would still be required to use a NE 
multispecies or scallop DAS when fishing on a monkfish DAS. Any vessel 
not electing to fish under this program would still be allowed to fish 
in the Offshore Fishery Program Area under the rules and regulations 
applicable to non-program vessels.
    Establishment of the Offshore Fishery Program would help restore 
the offshore monkfish fishery that has largely ceased to occur due to 
the small trip limits implemented under the initial FMP and the 
disapproval of the ``running clock'' measure that was proposed in the 
FMP, which would have provided vessels with the ability to account for 
any trip limit overages. This program is intended to provide 
flexibility to the fishing industry without impacting the mortality 
objectives of the FMP.

3. Closure of Oceanographer and Lydonia Canyons

    Under this proposed rule, vessels fishing on a monkfish DAS would 
be prohibited from fishing in the offshore canyon areas known as 
Oceanographer and Lydonia Canyons, which contain deep-sea corals, 
regardless of gear used. This measure is being proposed to minimize, to 
the extent practicable, the adverse impact of monkfish fishing on EFH, 
especially due to the potential impacts associated with an expansion of 
the directed offshore monkfish fishery under the Offshore Fishery 
Program proposed in this rule.
    Twenty-three federally managed species have been observed or 
collected in surveys within the two proposed closure areas, and many of 
them have EFH defined as hard substrates in depths greater than 200 m. 
In addition, the EFH designations for juvenile and/or adult life stages 
of six of these species (redfish, tilefish, and four species of skates) 
overlap with the two proposed area closures. EFH for all six of these 
species has been determined to be moderately or highly vulnerable to 
the effects of bottom trawls and minimally vulnerable to bottom 
gillnets. Deep-sea corals have not been identified as a component of 
EFH for any species in the NE region, although they are known to grow 
on hard substrates, which are included in the EFH descriptions for many 
of the federally managed species within the proposed closures. They are 
also known to be particularly vulnerable to damage or loss by bottom 
trawls, and likely to be damaged or removed from

[[Page 2588]]

the bottom by gillnet gear. Additionally, avoiding any direct adverse 
impacts of monkfish bottom trawl gear and gillnet gear for six species 
of fish, and any indirect adverse impacts on hard bottom substrates and 
species of emergent epifauna, including corals, that grow on those 
substrates within the boundaries of the two proposed closure areas, 
would minimize any adverse impacts resulting from the potentially 
expanding offshore monkfish fishery proposed under this amendment. 
These closures are also expected to help mitigate bycatch concerns.

4. SFMA Roller Gear Restriction

    Amendment 2 proposes to restrict the diameter of roller gear used 
on trawl net vessels when fishing in the SFMA. Under this proposed 
rule, the roller gear on all trawl vessels fishing under a monkfish DAS 
would be restricted to a maximum diameter of 6 inches (15.2 cm). This 
measure is being proposed to minimize, to the extent practicable, the 
adverse impact of trawl fishing in the SFMA on EFH. This measure is 
specific to the SFMA, since it would help ensure that trawl vessels, 
which are known to be able to better target monkfish successfully with 
smaller roller gear in the SFMA than in the Northern Fishery Management 
Area (NFMA), do not fish in areas of more complex bottom 
characteristics, including the offshore canyon areas.

5. Cooperative Research Incentive Programs

    Amendment 2 proposes two programs that would encourage vessels to 
engage in cooperative research, including, but not limited to: Research 
to minimize bycatch and interactions of the monkfish fishery with sea 
turtles and other protected species; research to minimize the impact of 
the monkfish fishery on EFH; research or experimental fisheries for the 
purpose of establishing a monkfish trawl exempted fishery (under the NE 
Multispecies FMP) in the NFMA; research on the biology or population 
structure and dynamics of monkfish; cooperative surveys; and gear 
efficiency.
    A pool of 500 DAS would be set aside to distribute to vessels to 
engage in cooperative research projects. These DAS would be created by 
removing 500 DAS from the total available monkfish DAS prior to 
distribution to individual vessels. This reduction would amount to less 
than 1 DAS deducted for each individual vessel allocation. Should this 
program be approved, and individual DAS allocations changed because of 
this approval, vessel owners would be notified of their new monkfish 
DAS allocation.
    Under the first research program, NMFS would publish a request for 
proposals (RFP) and vessels would submit competitive bids to 
participate in specific research or survey projects. NMFS would then 
convene a review panel composed of Council members from the Councils' 
Monkfish Oversight Committee, the Council's Research Steering 
Committee, and other technical experts to review the proposals. NMFS 
would consider the recommendations of each panel member and award the 
contracts to successful applicants, including a distribution of DAS 
from the set-aside pool.
    Any of the 500 DAS not distributed through the RFP process would be 
available to vessels through a second program, i.e., the existing 
experimental fishery permit (EFP) process, on a first-come-first-served 
basis. Under this second program, vessels applying for an EFP would 
indicate the number of monkfish DAS they would require to complete 
their research project. NMFS would then review the EFP application and, 
if approved, issue the permit exempting the vessel from monkfish DAS 
usage requirements. The total number of monkfish DAS that could be used 
in the two programs (distributed under the RFP process or used in the 
exemption program) could not exceed the originally established 500 DAS 
annual set-aside pool. For any DAS requested that exceed the analyzed 
500 DAS set-aside, the applicant would be required to prepare an 
Environmental Assessment for the additional DAS exemption request.
    These two research programs are being proposed for the purpose of 
expanding incentives to participate in a range of monkfish research and 
survey activities by reducing costs associated with research, and to 
streamline the EFP process.

6. Northwest Atlantic Fisheries Organization (NAFO) Regulated Area 
Exemption Program

    Amendment 2 proposes an exemption from certain FMP regulations for 
vessels that are fishing for monkfish under a High Seas Permit in the 
NAFO Regulated Area and transiting the EEZ with monkfish on board or 
landing monkfish in U.S. ports. Similar to the NAFO waters exemption in 
the NE Multispecies FMP, monkfish vessels enrolled in the NAFO 
Regulated Area Exemption Program would be exempt from the monkfish 
regulations pertaining to permit, minimum mesh size, effort control 
(DAS) and possession limit rules. Further, the monkfish catch from the 
NAFO Regulated Area would not count against the monkfish total 
allowable catch (TAC), provided: The vessel has on board a letter of 
authorization (LOA) issued by the Regional Administrator; except for 
transiting purposes, the vessel fishes exclusively in the NAFO 
Regulated Area and does not harvest fish in, or possess fish harvested 
from, the EEZ; when transiting the EEZ, all gear is properly stowed and 
not available for immediate use; and the vessel complies with all High 
Seas Fishing Compliance Permit and NAFO conservation and enforcement 
measures while fishing in the NAFO Regulated Area. This proposed action 
would provide additional flexibility to monkfish vessels without 
compromising the mortality objectives of the FMP.

7. Incidental Catch Provisions

    Three adjustments to the monkfish incidental catch limits would be 
made under this rule. The first adjustment would increase the current 
50-lb (22.7-kg) possession limit to 50 lb (22.7 kg) per day, or partial 
day, up to a maximum of 150 lb (68 kg) per trip, for vessels not 
fishing under a monkfish DAS and fishing with handgear and small mesh 
(see below), and for NE multispecies limited access vessels that are 
less than 30 feet in length. Small mesh is defined as mesh smaller than 
the NE multispecies minimum mesh size requirements when fishing in the 
Georges Bank, Gulf of Maine, and Southern New England Regulated Mesh 
Areas (RMAs), and mesh smaller than the summer flounder minimum mesh 
size when fishing in the Mid-Atlantic RMA.
    The second adjustment would implement the same incidental monkfish 
trip limit of 50 lb (22.7 kg) per day, or partial day, up to a maximum 
of 150 lb (68 kg) per trip, for vessels fishing with surfclam or ocean 
quahog hydraulic dredges, and General Category sea scallop vessels 
fishing with a scallop dredge. These vessels are currently prohibited 
from retaining monkfish. For the purposes of these new trip limits, a 
day would be counted starting with the time the vessel leaves port (as 
recorded in it's Vessel Trip Report (VTR)), or, if the vessel has an 
operational VMS, when the vessel crosses the VMS demarcation line.
    The third monkfish incidental catch limit adjustment would be 
applicable to vessels fishing with large mesh in the NE Multispecies 
Mid-Atlantic Exemption Area (an area defined as west of 72[deg]30' N. 
long. and which extends eastward around Long Island, NY). This 
adjustment would increase

[[Page 2589]]

the current 50-lb (22.7-kg) possession limit to 5 percent of the total 
weight of fish on board, up to a maximum of 450 lb ( 204.1 kg), based 
on tail weight equivalent. These three adjustments are proposed for the 
purpose of minimizing regulatory discards due to the incidental catch 
regulations without affecting the overall stock rebuilding program. 
Additionally, the third adjustment is being proposed to restore the 
trip limit that was in effect prior to redefining the Mid-Atlantic RMA 
in the NE Multispecies FMP.

8. Decrease in Minimum Fish Size

    Amendment 2 proposes to reduce the minimum fish size for monkfish 
in the SFMA to 11 inches (27.9 cm) tail length, 17 inches (43.2 cm) 
total length, from the current limit of 14 inches (35.6 cm) tail 
length, 21 inches (53.3 cm) total length. This change would make the 
minimum size consistent with that which currently applies in the NFMA, 
simplifying the FMP rules and improving enforceability. Allowing 
vessels to retain smaller monkfish would also likely minimize 
regulatory discards.

9. Removal of 20-day Spawning Block Requirement

    Current monkfish regulations require limited access monkfish permit 
holders to take a 20-day block out of the fishery during April through 
June each year, paralleling a similar regulation in the NE Multispecies 
FMP that applies from March through May. Amendment 2 proposes to 
eliminate this requirement, since it imposes an enforcement burden and 
increases the regulatory burden on monkfish vessels with no apparent 
biological or economic benefit. This change does not affect the 
requirement for monkfish vessels that also hold a NE multispecies 
limited access permit and, who, therefore, must abide by the NE 
multispecies 20-day spawning block requirement when fishing under a 
monkfish/multispecies DAS.

10. Vessel Permit Baseline Modification

    Currently, a vessel is limited to upgrading its vessel permit 
characteristics by 10 percent of the length and tonnage, and 20 percent 
of the horsepower of the vessel at the time it was issued a monkfish 
limited access permit. Since the monkfish limited access program was 
not implemented until 1999, vessels that also had been issued a prior 
limited access permit under another FMP, and that also downsized the 
vessel characteristics (either through a vessel replacement or 
modifications to the vessel, such as an engine replacement) in the 
period between the issuance of the two permits, would have two 
different vessel permit baselines--one for the initial vessel 
characteristics, and one for the vessel characteristics at the time the 
monkfish permit was issued. This situation limits the ability of the 
vessel owner to transfer the permit to another vessel that is within 
the original upgrading limitations but that exceeds the monkfish permit 
upgrading limitations, without losing the vessel's monkfish permit. 
Amendment 2 would provide a one-time opportunity to allow vessel owners 
to set the monkfish permit baseline at the characteristics of the 
vessel when it was issued its first Federal limited access permit, 
rather than the vessel characteristics at the time it was issued a 
monkfish limited access permit under the initial monkfish FMP. Such an 
adjustment would only be made at the request of the vessel owner, 
provided such a request is made on or before April 30, 2006, or within 
1 year of implementation of the final rule for Amendment 2, if 
approved, whichever is later.
    Although this measure would benefit some vessels, it would not 
provide a solution to the broader problem of there being more than one 
vessel permit baseline for many vessels. For example, a monkfish vessel 
that holds Federal limited access permits in fisheries for which 
limited access programs were established after implementation of the 
initial monkfish FMP would not be affected by this proposed change and, 
therefore, could continue to have more than one vessel permit baseline 
on that vessel. Because it would not address the issue of more than one 
baseline for all fisheries, NMFS believes that it may be more efficient 
and comprehensive to address this particular change in an omnibus 
amendment that would address all FMP regulations that include Federal 
limited access permits and corresponding vessel permit baselines. Due 
to this concern, NMFS is highlighting this particular measure for 
comment.

11. Modification of the Framework Adjustment Procedures

    Amendment 2 proposes three additions to the list of actions that 
can be taken under the existing framework adjustment procedure. The 
proposed additional items that the Councils could consider under the 
framework adjustment procedure are: A monkfish DAS Leasing Program; 
measures to minimize the impact of the fishery on endangered or 
protected species; and measures that would implement bycatch reduction 
devices.

12. Regulatory Changes

    The proposed regulations also include several editorial revisions 
to the existing text in 50 CFR 648, subpart F, that are not proposed in 
Amendment 2. These revisions would remove obsolete language (references 
to regulations in effect during previous fishing years) and improve the 
organization and clarity of the regulations.
    This proposed rule would also correct an error in the incidental 
catch limit regulations for scallop vessels fishing under a scallop DAS 
found at 50 CFR 648.94(c)(2). The original FMP and the preamble to the 
final rule implementing the FMP (64 FR 54732, October 7, 1999) stated 
that all vessels issued an incidental monkfish permit that are fishing 
under a scallop DAS, including both dredge vessels and vessels fishing 
under the trawl net exemption, are subject to an incidental catch limit 
of 300 lb (136.1 kg) tail-weight per DAS (see section 4.6.3.2 of the 
FMP). However, the regulatory text in the final rule implementing the 
FMP inadvertently only referenced scallop dredge vessels fishing under 
a scallop DAS. This proposed rule would correct the regulations at 
Sec.  648.94(c)(2) to apply to all vessels fishing under a scallop DAS, 
consistent with the intent of the original FMP.
    In addition, this proposed rule would correct the monkfish minimum 
trawl mesh size for the Southern New England (SNE) Monkfish and Skate 
Trawl Exemption Area, specified at Sec.  648.80(b)(5)(i)(B), to be 
consistent with the minimum trawl mesh size for vessels fishing under 
only a monkfish DAS, specified at Sec.  648.91(c)(1)(i). The necessary 
minimum mesh size change to this exemption program under the NE 
Multispecies FMP was inadvertently omitted from the regulatory text for 
the final rule implementing the original FMP.
    Finally, this proposed rule would correct an error in the 
possession limit regulations for limited access Category C and D 
vessels fishing on a multispecies DAS in the SFMA with gear other than 
trawl gear, specified at Sec.  648.94(b)(3)(ii), to reference the fact 
that the 50-lb (22.7-kg) tail-weight possession limit is per 
multispecies DAS. This error inadvertently occurred in the regulatory 
text of the final rule implementing the FMP, but was correctly 
described in the preamble to that rule.

Classification

    At this time, NMFS has not determined that the FMP amendment that 
this proposed rule would implement is consistent with the

[[Page 2590]]

national standards of the Magnuson-Stevens Act and other applicable 
laws. NMFS, in making that determination, will take into account the 
data, views, and comments received during the comment period.
    The Councils prepared a DSEIS for this amendment; a notice of 
availability was published on April 30, 2004 (69 FR 23751); a 
correction of the telephone number included in the April 30, 2004, 
Federal Register notice (69 FR 23751) was published on May 7, 2004 (69 
FR 25574). The Councils prepared an FSEIS for this amendment and 
submitted the final version to NMFS on December 10, 2004. A notice of 
availability for the FSEIS will publish shortly. The FSEIS analyzed the 
impact of the proposed action and alternatives compared to taking no 
action. The FSEIS concluded that the biological impact of the proposed 
measures would be neutral, except for a possible minor negative impact 
on monkfish yield per recruit resulting from the reduction in minimum 
fish size in the SFMA, if vessels target smaller fish. Also, the 
proposed Offshore Fishery Program in the SFMA and the modification of 
the permit qualification criteria could cause some effort to shift from 
inshore to offshore areas, but the impact of such a shift cannot be 
predicted. The proposed measures are not expected to have a significant 
impact on protected species, although the Offshore Fishery Program may 
have a positive impact, since overall effort would be reduced due to 
the pro-rating of DAS. The proposed measures will not have an adverse 
impact on habitat. Two measures are specifically designed to minimize, 
to the extent practicable, the effect of the fishery on EFH. These 
measures, the SFMA roller gear restriction and the closure of 
Oceanographer and Lydonia Canyons, would have a positive, but not 
significant, impact on habitat, since both are preventative, rather 
than restrictive, when compared to current fishing practices. The 
socio-economic impacts of the proposed action are expected to be 
slightly positive, although some measures would have no impact because 
they are either administrative or do not affect current fishing 
activities (i.e., they are preventative).
    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866.
    An IRFA was prepared, as required by section 603 of the Regulatory 
Flexibility Act (RFA). The IRFA describes the economic impact this 
proposed rule, if adopted, would have on small entities. A description 
of the action, why it is being considered, and the legal basis for this 
action, are contained in the preamble to this proposed rule. There are 
no Federal rules that may duplicate, overlap, or conflict with the 
proposed rule. A summary of the IRFA follows. A copy of this analysis 
is available from the New England Fishery Management Council (see 
ADDRESSES).

Description of Small Entities to Which the Proposed Rule Will Apply

    The measures proposed in Amendment 2 could impact any commercial 
vessel issued a Federal monkfish vessel permit. There are two main 
components of the monkfish fleet: Vessels eligible to participate in 
the limited access sector of the fleet, and vessels that participate in 
the open access sector under the incidental catch permit. In 2001, 
there were 723 monkfish limited access vessels, 687 of which were 
participants during fishing year (FY) 2001. In addition, there were 
1,977 incidental catch permits, 1,023 of which participated in the 
fishery. Under the Small Business Administration (SBA) size standards 
for small fishing entities, i.e., $3.5 million, all of the 
participating vessels are considered small, as gross sales by any 
entity do not exceed this threshold. The proposed actions would provide 
regulatory relief to small fishing vessels participating in the 
monkfish fishery.

Economic Impacts of the Proposed Action

1. Modification of the Permit Qualification Criteria

    Under the new limited access permits proposed in Amendment 2, 
economic opportunities would be restored for some vessels fishing south 
of 38[deg] 20'N. lat. It is possible that the addition of new 
moratorium permitted vessels will have an impact on the trip limits for 
other vessels fishing in the SFMA, since the TAC would be distributed 
over an increased number of vessels, although this economic impact from 
this change cannot be accurately estimated. Preliminary estimates 
indicate that up to five additional vessels could qualify for a limited 
access monkfish permit under the proposed action. From January 1, 1995, 
to the implementation of the initial FMP in November 1999, these five 
vessels averaged approximately $78,000 in revenues from monkfish, out 
of their total revenues of $480,000 for the same period.

2. Offshore Fishery Program

    The proposed Offshore Fishery Program in the SFMA would be 
voluntary and would allow vessels to use their available fishing time 
more efficiently by providing vessels with an increased monkfish trip 
limit in exchange for a reduction in their monkfish DAS. Over a fishing 
season, a vessel participating in the program could potentially achieve 
higher profitability because more monkfish could be retained using 
fewer overall inputs. While VMS would be required for participating 
vessels, and vessels currently not having VMS would have to bear the 
cost of installation (approximately $3,100 per unit), each individual 
would be able to weigh the benefits and costs of participating in the 
program.

3. Closure of Oceanographer and Lydonia Canyons

    The economic effect of the proposed closure of Oceanographer and 
Lydonia Canyons to monkfish vessels was estimated by identifying the 
fishing activity taking place within the areas using the position 
coordinates provided in VTRs for calendar years 1999 and 2001. No trips 
were identified as having occurred within the proposed closure areas. 
Based upon this analysis, the economic effect of the closure would be 
zero.
    Although vessels have not fished for monkfish in these canyon areas 
in the past, the establishment of an Offshore Fishery Program in this 
amendment, if approved, could encourage monkfish vessels to fish in 
these areas in the future. Thus, the intent of this measure is 
proactive in that it would prohibit monkfish vessels from fishing in 
these areas, which contain sensitive deep water coral habitat.

4. SFMA Roller Gear Restriction

    Restricting the trawl roller gear diameter to a 6-inch (15.2-cm) 
maximum for vessels fishing on a monkfish DAS in the SFMA may have some 
short-term negative economic impacts on some vessels, since vessels 
using non-conforming gear would be required to bear the cost of making 
the necessary change. However, 6-inch (15.2-cm) roller gear is already 
used by many vessels in the SFMA, reducing the potential impact of this 
proposed measure. The effect of this measure is not quantifiable, since 
the number of non-conforming vessels cannot be determined at this time.

5. Cooperative Research Incentive Programs

    The economic impacts of the changes to the cooperative research 
programs funding would be, at most, redistributive in nature. The 500-
DAS set-aside available for research purposes would be drawn equally 
from the DAS

[[Page 2591]]

allocations of all monkfish vessels. Thus, monkfish vessels that use 
their full allocation of DAS and do not participate in research 
projects would experience a loss in fishing opportunities, although 
minor (less than 1 DAS per vessel), while other vessels could expand 
their fishing opportunities through participation in such projects. 
Vessels not using their full allocations of DAS would not be affected.

6. NAFO Regulated Area Exemption Program

    The proposed action would exempt anyone fishing in the NAFO 
regulatory area from EEZ regulations. Vessels would be assumed 
compliant with NAFO regulations and would be issued a High Seas Fishing 
Compliance permit, relieving participating vessels from dual compliance 
with both NAFO and EEZ regulations. While this would provide vessels 
with greater flexibility compared to current regulations, the economic 
impact of this change cannot be estimated, since the extent that 
current regulations inhibit domestic vessels from participating in the 
NAFO Regulatory Area is unknown. However, this reduction in regulatory 
burden would likely have a positive economic impact, since the EEZ 
measures are more restrictive that their NAFO counterparts.

7. Incidental Catch Provisions

    Based on FY 2001 VTR records, modification of the incidental catch 
limits would affect a total of 835 trips made by 112 vessels, providing 
these small entities an opportunity to retain more monkfish than under 
current conditions. Since the proposed change represents an increase 
over current trip limits, it is impossible to provide a precise 
estimate of the economic benefit provided by the change; however, an 
upper bound estimate of the economic benefit can be calculated by 
assuming that all trips would retain the maximum allowable limit. Using 
the average 2001 monkfish (tail-weight) price of $2.53 per lb, the 
maximum revenue gain would be $192,000, an average benefit of $1,700 in 
gross fishing revenue for the 112 vessels that would benefit.
    Based on FY2001 VTR data, 1,620 trips made by 52 vessels would 
potentially be affected by the proposed change to the incidental catch 
limit for General category scallop and clam dredge vessels. Most of 
these trips were 24 hours or less, and nearly all were less than 48 
hours. Thus, the maximum benefit from a 50-lb (22.7-kg) trip limit 
would be $204,000, again using the average 2001 monkfish price of $2.53 
per lb. This maximum benefit assumes that catch rates on every trip 
would be at least 50 lb (22.7 kg), which is unlikely, since the median 
landings for vessels with a monkfish incidental catch permit were only 
25 lb (11.3 kg). At this median level, the revenue gain would be 
approximately $102,000, an average of just under $2,000 per vessel. The 
proposed incidental catch limit increase would provide only a modest 
increase above this level since few General category scallop or clam 
dredge trips are more than 24 hours, and nearly all are less than 48 
hours. Assuming median landings, the maximum benefit would be only 
$10,250 more than that of the 50-lb (22.7-kg) incidental trip limit.
    Based on FY 2001 VTR records, the proposed change to the incidental 
catch limit for summer flounder vessels would affect 114 vessels. Using 
these VTR records, an estimate of the potential revenues that would be 
restored to these vessels was calculated. Adjusting the observed 
monkfish landings by the current incidental catch limit of 50 lb (22.7 
kg) per trip, the average annual restored landings per vessel would be 
326 lb (147.9 kg), translating to $825 per vessel at the average 2001 
monkfish price per pound of $2.53. However, the impact varies greatly 
across vessels, ranging from no impact for vessels without an observed 
trip exceeding 50 lb (22.7 kg), to almost $10,000.

8. Minimum Fish Size

    The proposed Amendment 2 change to the minimum fish size is 
specific to the SFMA and, therefore, would affect only vessels that 
fish in that area. Based on FY 2001, the 170 vessels that fished in the 
SFMA would experience reduced regulatory burden as well as increased 
economic opportunities under this proposed measure. The 73 additional 
vessels that chose to fish in both management areas would also benefit, 
though only on the trips in the SFMA. However, as noted above, without 
detailed information on the size distribution of the commercial catch 
in both areas, an accurate assessment of the economic benefit that 
would accrue to each vessel is not possible.

9. Removal of the 20-day Block Requirement

    The proposed removal of the 20-day block requirement would result 
in a reduction in regulatory burden when compared to current conditions 
for the 45 Category A and B monkfish limited access vessels. Category C 
and D monkfish permitted vessels that also hold a NE multispecies 
permit, are required to take a 20-day block out of the NE multispecies 
fishery. However, the extent of the regulatory relief provided by the 
proposed removal of this requirement is unknown. The current 
requirement to be out of the fishery for 20 days only means that 
vessels cannot call in a monkfish DAS during that time. The vessels are 
still able to fish in other fisheries and are allowed to retain 
monkfish up to the incidental catch limits for those fisheries. Since 
the 20-day block may be taken at any time during the prescribed period, 
vessels can choose the block they expect to be the most advantageous. 
Nonetheless, as above noted, removal of this requirement does afford 
the vessels greater flexibility in choosing when to fish for monkfish 
and when to fish for other species.

10. Vessel Baseline Modification

    Allowance of a vessel permit baseline modification would not have 
an immediate economic impact on a vessel's ability to earn fishing 
income in the monkfish fishery, since no proposed measures are tied to 
the physical dimensions of the vessels. However, the value of the 
vessel could be affected, depending on whether the baseline is higher 
or lower than the current monkfish baseline, and there may be 
implications for the pool of trading partners should a monkfish DAS 
leasing program be developed in the future.

11. Modification of the Framework Adjustment Procedure

    The proposed action would modify the framework adjustment process, 
expanding the list of frameworkable measures to include development of 
a monkfish DAS leasing program, measures to minimize impact on 
protected species, and requirements to use bycatch reduction devices. 
While the individual frameworkable measures may have associated 
economic impacts and regulatory burdens, which will be dependent on the 
specific measures that may be proposed in the future, simply adding 
these measures to the list of actions that can be taken under the 
framework adjustment process is administrative in nature and does not 
have any impacts on any participant in the fishery. The economic impact 
of each measure will be analyzed in the associated framework action, 
should the measures be given further consideration by the Councils.

Economic Impacts of Alternatives to the Proposed Action

    This section describes the impacts of management measures that were 
considered by the Councils but not adopted as part of Amendment 2 and 
compares the economic of the specified

[[Page 2592]]

measure to those resulting from no action under Amendment 2.

1. Monkfish DAS Usage by Limited Access Monkfish Category C and D 
Vessels

    The Councils considered several alternatives that would have 
allowed limited access monkfish Category C and D vessels to fish under 
a monkfish DAS without concurrently using a NE multispecies or scallop 
DAS, including two options that would have allocated monkfish-only DAS 
uniformly among all vessels or individually based on a vessel's fishing 
history. These alternatives would have affected 662 limited access 
Category C or D monkfish vessels. Economic impacts would have likely 
resulted in neutral or positive economic impacts, assuming that the 
overall effort within the monkfish fishery would not have increased. If 
effort in the monkfish fishery would have increased, necessary 
reductions in trip limits and DAS allocations would have resulted in 
reduced economic opportunities.

2. Incidental Catch Limits

    The Councils considered increasing the current monkfish incidental 
catch limit of 50 lb (22.7 kg) per trip to a maximum of 500 lb (226.8 
kg) per trip by allowing vessels to retain up to 50 lb (22.7 kg) of 
monkfish per day for a 10-day trip. A total of 112 vessels would have 
been affected by this measure, resulting in a revenue gain of $322,000, 
or an average benefit of $2,900 per vessel.

3. Minimum Trawl Mesh Size When Fishing on a Monkfish DAS

    Two alternatives were considered by the Councils that would have 
required vessels to use 12-inch (30.5-cm) square mesh in the codend and 
either 12-inch (30.5-cm) diamond mesh or the minimum mesh size required 
in the NE Multispecies FMP in the body of the net. These gear 
requirements would have been required when fishing monkfish-only DAS, 
if de-coupled from NE multispecies or scallop DAS as proposed in other 
rejected alternatives specified above, or on a monkfish/multispecies 
DAS for limited access monkfish Category C or D vessels. These measures 
would have affected all limited access monkfish vessels using large 
mesh otter trawls. These vessels would have had to replace any 
nonconforming gear, at considerable expense.

4. Minimum Fish Size

    The Council considered four alternatives for minimum fish size: (1) 
The no action alternative (11-inch (27.9-cm) tail-length, 17-inch 
(43.2-cm) total-length in the NFMA, and 14-inch (35.6-cm) tail-length, 
21-inch (53.3-cm) total-length in the SFMA); (2) a uniform 10-inch 
(25.4-cm) tail-length or 15-inch total-length minimum fish size 
(Alternative 2, Option 2); (3) elimination of the minimum size limit 
(Alternative 3); and (4) a 14-inch (35.6-cm) tail-length or 21-inch 
(53.3-cm) total-length minimum fish size for vessels fishing under a 
monkfish-only DAS (Alternative 4). Alternative 2 would likely have 
increased economic opportunities for all vessels fishing for monkfish, 
but would have had a greater beneficial impact on vessels fishing in 
the SFMA than those fishing in the NFMA since it would have resulted in 
a greater reduction in the minimum size, and, therefore, more of an 
increase in the size range of monkfish that vessels fishing in the SFMA 
are able to land. Based on public comment, Alternative 3 would have 
provided an incentive to develop markets for smaller monkfish, which 
could have had a negative impact on yield-per-recruit. Finally, the 
analysis in the FSEIS indicates that Alternative 4 would not have 
affected vessels fishing in the SFMA, but would have resulted in 
decreased economic opportunities for vessels fishing in the NFMA under 
a monkfish-only DAS, with only negligible affects.

5. Closed Season or Time Out of the Fishery

    The Councils rejected an alternative that would have doubled the 
current 20-day block out of the fishery to 40 days, but that would have 
allowed vessels to take the entire 40 days out of the fishery 
consecutively or as two 20-day blocks. The Councils also rejected an 
alternative that would have required all limited access monkfish 
vessels, including scallop vessels also possessing limited access 
monkfish Category C or D permits, to take time out of the monkfish 
fishery. The economic impacts of these alternatives are unclear, given 
the difficulty in assessing when individual vessels will plan their 
trips. However, it is not expected that the latter alternative would 
have adversely impacted scallop vessels.

6. Offshore Fishery Program

    The Councils are proposing the establishment of an Offshore Fishery 
Program in Amendment 2 (Alternative 2). However, within Alternative 2, 
the Councils considered, but rejected, options for the area covered 
under this program (Area Option 2), and for the applicable trip limits 
and associated DAS allocation (DAS/Trip Limit Option 1).
    Since the rejected area option is not significantly different from 
the proposed area, and given the proposed distance from shore, 
participation in the fishery would likely be limited to larger vessels. 
Further, the rejected trip limit option would provide vessels with the 
flexibility of choosing the DAS/trip limit ratio that is most 
economically beneficial to them. Under these rejected options, vessels 
would still be subject to VMS requirements. As a result, vessels that 
do not have a VMS unit currently installed would have to bear the cost 
of installation in order to participate in this voluntary program.

7. Modification of the Limited Access Permit Qualification Criteria

    The Councils considered four alternatives, plus the no action 
alternative, for modifying the limited access permit qualification 
criteria, and ultimately selected Alternative 3. The only difference 
between the non-preferred alternatives and the preferred alternative is 
the qualification period. The qualification periods for the non-
preferred alternatives are as follows: Alternative 1, the four years 
prior to June 15, 1998; Alternative 2, the four years prior to June 15, 
1997; Alternative 4, the four years prior to June 15, 1997, where 
landing took place during the months of March 15 - June 15. Under the 
no action alternative, no additional vessels would qualify for a 
limited access monkfish permit. Analysis of the NOAA Fisheries weighout 
and North Carolina Division of Marine Fisheries data indicate that the 
number of vessels that would qualify for monkfish limited access 
permits range from three under Alternatives 2 and 4, to seven under 
Alternative 1.
    The vessel level economic impact on affected vessels is likely to 
be positive, due to the increased opportunity to fish for monkfish in 
the EEZ, but the magnitude of the impact cannot be determined for the 
following reasons: These vessels already prosecute the monkfish fishery 
in state waters during the same limited season when they would be able 
to fish in the EEZ; and it is unclear how the limitations on the 
fishery resulting from the sea turtle closures would offset any 
immediate benefit these vessels might realize from obtaining a Federal 
limited access monkfish permit.

8. Alternatives to Protect EFH

    The Councils considered an alternative that contained alternative 
trawl configurations designed to minimize the impact of the monkfish

[[Page 2593]]

fishery on EFH for other species if DAS usage requirements were 
separated. This alternative (Alternative 4) may have had some short-
term negative economic effects depending on the trawl configuration 
selected and the management area to which the configuration 
requirements would have applied. Changing the trawl configuration would 
require vessels using non-conforming gear to bear the cost of making 
the necessary changes.
    The Councils also considered an option to close the waters above up 
to 12 large canyons from Norfolk Canyon to the Hague Line. Information 
from the VTR database shows that 30 trips occurred in these areas 
during 1999 and 2001. An assessment of all non-directed monkfish trips 
indicates that the majority of vessels were targeting squid or whiting, 
while most other trips were associated with the directed summer 
flounder fishery. Under closure option 1 (trawl gear only), nine trawl 
trips would have been affected based on the 1999 VTR data, and less 
than 3 trips would have been affected based on the 2001 VTR data. 
Option 2 would have affected an additional 21 gillnet trips based on 
the 2001 VTR data.

9. NFMA Monkfish Trawl Experimental Fishery

    A 2-year experimental fishery to establish a trawl exempted fishery 
in the NFMA was not adopted by the Councils. This experimental fishery 
would have allowed vessels to determine the appropriate time, place, 
and gear to target monkfish while on a monkfish-only DAS, without 
concurrently using a NE multispecies DAS. Since the Councils did not 
adopt a measure that would separate monkfish DAS from scallop or NE 
multispecies DAS, there would be little economic benefit for trawl 
vessels to use large mesh in the NFMA, as the current trip limits for 
vessels using groundfish gear would provide more economic opportunity 
for affected vessels.

10. Changes to the Fishing Year

    The Councils did not adopt several alternatives that would have 
changed the start date of the fishing year. These changes would have 
complicated the permit renewal process, since the monkfish fishing year 
would no longer have corresponded to the NE multispecies fishing year 
and would have affected a vessel owner's ability to effectively plan 
vessel operations for the year, as vessels would have received their 
DAS allocations for various fisheries at different times of the year. 
This would also have resulted in increased costs for applying for and 
administering permit renewals.

Description of the Proposed Reporting, Recordkeeping, and Other 
Compliance Requirements of the Proposed Rule

Reporting and Recordkeeping Requirements

    The proposed measures under Amendment 2 include the following 
provisions requiring either new or revised reporting and recordkeeping 
requirements: (1) Annual declaration into the Offshore Fishery Program 
on the initial vessel permit application or vessel permit renewal 
application; (2) VMS purchase and installation; (3) VMS proof of 
installation; (4) automated VMS polling of vessel position once per 
hour while fishing under a Monkfish DAS in the Offshore Fishery 
Program; (5) request to power down VMS unit for a minimum of 30 days; 
(6) initial application for a limited access monkfish permit (Category 
G or H) under program for vessels fishing south of 38[deg]20' N. lat.; 
(7) renewal of limited access monkfish permit (Category G or H) under 
program for vessels fishing south of 38[deg]20' N. lat.; (8) appeal of 
denial of a limited access monkfish permit (Category G or H) under the 
program for vessels fishing south of 38[deg]20' N. lat.; (9) 
application for a vessel operator permit for new limited access 
monkfish vessels; (10) vessel replacement or upgrade application for 
new limited access monkfish vessels; (11) confirmation of permit 
history application for new limited access monkfish vessels; (12) DAS 
reporting requirements (call-in/call-out) for new limited access 
monkfish vessels; (13) application for Good Samaritan DAS credit for 
new limited access monkfish vessels; (14) annual gillnet declaration 
and tag order request; (15) requests for additional gillnet tags; (16) 
notification of lost tags and request for replacement tags; (17) 
requests to change limited access monkfish vessel baseline 
specifications; and (18) requests for a LOA to fish for monkfish in 
NAFO Regulatory Area under the proposed exemption program.

Other Compliance Requirements

    The measures proposed under Amendment 2 would require that all 
vessels participating in the Offshore Fishery Program purchase and 
install a VMS unit. The average VMS unit offered by the two vendors 
currently approved by NMFS costs approximately $3,100 to purchase and 
install. Many of the limited access monkfish vessels expected to 
participate in the Offshore Fishery Program also possess limited access 
NE multispecies permits. Since several new programs implemented under 
Amendment 13 to the NE Multispecies FMP also require the use of VMS, it 
is estimated that half of the 50 vessels expected to participate in the 
Offshore Fishery Program already have VMS units through participation 
in these NE multispecies programs and only 25 additional limited access 
monkfish vessels would be required to purchase a VMS under Amendment 2. 
This results in a combined one-time cost of $77,500 for these 25 
vessels. In addition, the average monthly cost to operate a VMS unit is 
$150. This results in a combined annual cost associated with VMS usage 
under Amendment 2 of $45,000 for these new VMS users. Five vessels 
fishing south of 38[deg]20' N. lat. are expected to qualify for a 
limited access monkfish permit under Amendment 2. These vessels would 
be required to obtain a Federal vessel operator permit, if they do not 
already have one. These permits cost approximately $10 due to the need 
for a color photograph, and are valid for 3 years. As a result, the 
yearly cost to these five vessels is estimated at $16.67, or 
approximately $3.33 per vessel. Finally, limited access monkfish 
vessels using gillnet gear must purchase gillnet tags. Each tag costs 
$1.20 and may be used for at least 3 years. Monkfish vessels are 
allowed to use up to 160 gillnets. Therefore, if the five vessels 
fishing south of 38[deg]20' N. lat. expected to qualify for a limited 
access monkfish permit under Amendment 2 elect to fish with gillnet 
gear, yearly costs associated with purchasing gillnet tags for each 
vessel would be a maximum of $64 (i.e., $192 every 3 years).

Public Reporting Burden

    This proposed rule contains a collection-of-information requirement 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA). This requirement has been submitted to OMB for approval. Public 
reporting burden for this collection of information is estimated to 
average as follows:
    1. Annual declaration into the Offshore Fishery Program on initial 
vessel permit application or vessel permit renewal application, OMB 
Control Number 0648-0202 (30 min/response);
    2. VMS purchase and installation, OMB Control Number 0648-0202 (1 
hr/response);
    3. VMS proof of installation, OMB Control Number 0648-0202 (5 min/
response);
    4. Automated VMS polling of vessel position once per hour while 
fishing

[[Page 2594]]

under a monkfish DAS in the Offshore Fishery Program, OMB Control 
Number 0648-0202 (5 sec/response);
    5. Request to power down VMS unit for a minimum of 30 days, OMB 
Control Number 0648-0202 (5 min/response);
    6. Initial application for a limited access monkfish permit 
(Category G or H) under program for vessels fishing south of 38[deg] 
20' N. lat., OMB Control Number 0648-0202 (45 min/response);
    7. Renewal of limited access monkfish permit (Category G or H) 
under program for vessels fishing south of 38[deg] 20' N. lat., OMB 
Control Number 0648-0202 (30 min/response);
    8. Appeal of denial of a limited access monkfish permit (Category G 
or H) under the program for vessels fishing south of 38[deg] 20' N. 
lat., OMB Control Number 0648-0202 (2 hr/response);
    9. Application for a vessel operator permit for new limited access 
monkfish vessels, OMB Control Number 0648-0202 (1 hr/response);
    10. Vessel replacement or upgrade application for new limited 
access monkfish vessels, OMB Control Number 0648-0202 (3 hr/response);
    11. Confirmation of permit history application for new limited 
access monkfish vessels, OMB Control Number 0648-0202 (30 min/
response);
    12. DAS reporting requirements (call-in/call-out) for new limited 
access monkfish vessels, OMB Control Number 0648-0202 (2 min/response);
    13. Application for Good Samaritan DAS credit for new limited 
access monkfish vessels, OMB Control Number 0648-0202 (30 min/
response);
    14. Annual gillnet declaration and tag order request, OMB Control 
Number 0648-0202 (10 min/response);
    15. Requests for additional gillnet tags, OMB Control Number 0648-
0202 (2 min/response);
    16. Notification of lost tags and request for replacement tags, OMB 
Control Number 0648-0202 (2 min/response);
    17. Requests to change limited access monkfish vessel baseline 
specifications, OMB Control Number 0648-0202 (30 min/response); and
    18. Requests for a letter of authorization to fish for monkfish in 
the NAFO Regulatory Area under the proposed exemption program, OMB 
Control Number 0648-0202 (5 min/response).
    These burden estimates include the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information.
    Public comment is sought regarding: Whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Send comments on 
these or any other aspects of the collection of information to NMFS and 
to OMB (see ADDRESSES).
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of PRA, unless that collection of information displays a 
currently valid OMB Control number.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: January 7, 2005.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 648 is 
proposed to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

    1. The authority citation for part 648 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.
    2. In Sec.  648.2, the definition of ``Prior to leaving port'' is 
revised to read as follows:


Sec.  648.2  Definitions.

* * * * *
    Prior to leaving port, with respect to the call-in notification 
system for NE multispecies, and the call-in notification system for 
monkfish vessels that are fishing under the limited access monkfish 
Category C, D, F, G or H permit provisions that are also fishing under 
a NE multispecies DAS, means no more than 1 hour prior to the time a 
vessel leaves the last dock or mooring in port from which that vessel 
departs to engage in fishing, including the transport of fish to 
another port. With respect to the call-in notification system for 
monkfish vessels that are fishing under the limited access monkfish 
Category A or B permit provisions, it means prior to the last dock or 
mooring in port from which a vessel departs to engage in fishing, 
including the transport of fish to another port.
* * * * *
    3. In Sec.  648.4, the introductory text of paragraph (a)(9)(i) is 
revised, paragraphs (a)(9)(i)(B), (H), and (M), and (a)(9)(i)(N)(1) and 
(3) are revised, and paragraphs (a)(9)(i)(A)(5), (6), and (7) are added 
to read as follows:


Sec.  648.4  Vessel permits.

    (a) * * *
    (9) * * *
    (i) Limited access monkfish permits.
    (A) * * *
    (5) Category F (vessels electing to participate in the Offshore 
Fishery Program). Vessels intending to fish, or are fishing in, the 
Offshore Fishery Program, as described under 648.95, must apply for and 
be issued a Category F permit and fish under this permit category for 
the entire fishing year. For fishing year 2005, the owner of a vessel, 
or authorized representative, may change its previous 2005 limited 
access monkfish permit to a Category F permit within 45 days of the 
effective date of the final rule implementing Amendment 2, provided the 
vessel has not fished under the monkfish DAS program during the 2005 
fishing year.
    (6) Category G permit (vessels restricted to fishing south of 
38[deg]20'N. lat. as described in Sec.  648.92(b)(9)) that do not 
qualify for a monkfish limited access Category A, B, C, or D permit. 
The vessel landed [gteqt] 50,000 lb (22,680 kg) tail-weight or 166,000 
lb (75,297.6 kg) whole weight of monkfish in the area south of 
38[deg]N. lat. during the period March 15 through June 15 in the years 
1995 to 1998.
    (7) Category H permit (vessels fishing only south of 38[deg]20'N. 
lat. as described in Sec.  648.92(b)(9)) that do not qualify for a 
monkfish limited access Category A, B, C, D, or G permit). The vessel 
landed [gteqt] 7,500 lb (3,402 kg) tail-weight or 24,900 lb (11,294.6 
kg) whole weight of monkfish in the area south of 38[deg]N. lat. during 
the period March 15 through June 15 in the years 1995 to 1998.
    (B) Application/renewal restrictions. No one may apply for an 
initial limited access monkfish permit for a vessel after November 7, 
2000, unless otherwise allowed in this paragraph (a)(9)(i)(B). Vessels 
applying for an initial limited access Category G or H permit, as 
described in paragraphs (a)(9)(i)(A)(6) and (7) of this section must 
do, so on or before April 30, 2006.
* * * * *
    (H) Vessel baseline specification. The vessel upgrading baseline 
specifications in this section are the respective specification 
(length, GRT, NT, and

[[Page 2595]]

horsepower) of the vessel that was initially issued a limited access 
permit as of the date the initial vessel applied for such a permit, 
unless otherwise specified in this paragraph (a)(9)(i)(H). The owner of 
a vessel with multiple Federal limited access permits with different 
vessel baseline specifications for its monkfish limited access permit 
than the vessel baseline specifications for one or more of its other 
Federal permits may request that the Regional Administrator revise the 
monkfish permit vessel baseline specifications to be consistent with 
that of the vessel's first Federal limited access permit, provided such 
a request is made prior to May 1, 2006.
* * * * *
    (M) Notification of eligibility for Category G and H permits. (1) 
NMFS will attempt to notify all owners of vessels for which NMFS has 
credible evidence available to inform them that they meet the 
qualification criteria described in paragraph (a)(9)(i)(A)(6) or (7) of 
this section and that they qualify for a limited access monkfish 
Category G or H permit. Vessel owners that pre-qualify for a Category G 
or H permit must apply for the limited access permit for which they 
pre-qualified prior to May 1, 2006, to meet the qualification 
requirements.
    (2) If a vessel owner has not been notified that the vessel is 
eligible to be issued a limited access monkfish Category G or H permit, 
and the vessel owner believes that there is credible evidence that the 
vessel does qualify under the pertinent criteria, the vessel owner may 
apply for a limited access monkfish Category G or H permit prior to May 
1, 2006, by submitting written evidence that the vessel meets the 
qualification requirements described in paragraph (a)(9)(i)(A)(6) or 
(7) of this section.
    (N) Appeal of denial of permit. (1) An applicant denied a limited 
access monkfish Category G or H permit may appeal to the Regional 
Administrator within 30 days of the notice of denial. Any such appeal 
shall be in writing. The only ground for appeal is that the Regional 
Administrator erred in concluding that the vessel did not meet the 
criteria described in paragraph (a)(9)(i)(A)(6) or (7) of this section. 
The appeal shall set forth the applicant's belief that the Regional 
Administrator made an error.
    (2) * * *
    (3) Status of vessels pending appeal. (i) A vessel denied a limited 
access monkfish Category G or H permit may fish under the monkfish DAS 
program, provided that the denial has been appealed, the appeal is 
pending, and the vessel has on board a letter from the Regional 
Administrator authorizing the vessel to fish under the monkfish DAS 
program. The Regional Administrator will issue such a letter for the 
pendency of any appeal, which decision is the final administrative 
action of the Department of Commerce pending a final decision on the 
appeal. The letter of authorization must be carried on board the 
vessel. A vessel with such a letter of authorization shall not exceed 
the annual allocation of monkfish DAS as specified in Sec.  
648.92(b)(1) and must report the use of monkfish DAS according to the 
provisions of Sec.  648.10(b) or (c), whichever applies. If the appeal 
is finally denied, the Regional Administrator shall send a notice of 
final denial to the vessel owner; the authorizing letter shall become 
invalid 5 days after receipt of the notice of denial. If the appeal is 
finally approved, any DAS used during pendency of the appeal shall be 
deducted from the vessel's annual allocation of monkfish DAS for that 
fishing year.
    (ii) Monkfish incidental catch vessels (Category E). A vessel of 
the United States that is subject to these regulations and that has not 
been issues a limited access monkfish permit under paragraph 
(a)(9)(i)(A) of this section, is eligible for and may be issued a 
monkfish incidental catch (Category E) permit to fish for, possess, or 
land monkfish subject to the restrictions in Sec.  648.94(c).
* * * * *
    4. In Sec.  648.9, paragraph (c)(2)(i)(C) is revised, and paragraph 
(c)(2)(i)(D) is added to read as follows:


Sec.  648.9  VMS requirements.

* * * * *
    (c) * * *
    (2) * * *
    (i) * * *
    (C) The vessel has been issued an Atlantic herring permit, and is 
in port, unless required by other permit requirements for other 
fisheries to transmit the vessel's location at all times; or
    (D) For vessels electing to fish under the Offshore Fishery Program 
in the SFMA, as specified under Sec.  648.95, and that have been issued 
a valid monkfish limited access Category F permit, the vessel owner 
signs out of the VMS program for a minimum period of 30 days by 
obtaining a valid letter of exemption pursuant to paragraph (c)(2)(ii) 
of this section, provided the vessel does not sign out of the VMS 
program during the Offshore Fishery Program season specified at Sec.  
648.95(d), does not engage in any fisheries for which VMS is required, 
and the vessel complies with all conditions and requirements of said 
letter.
* * * * *
    5. In Sec.  648.10, paragraph (c)(1) is revised and paragraph 
(b)(1)(ix) is added to read as follows:


Sec.  648.10  DAS notification requirements.

* * * * *
    (b) * * *
    (1) * * *
    (ix) A limited access monkfish vessel electing to fish in the 
Offshore Fishery Program in the SFMA, as provided in Sec.  648.95.
* * * * *
    (c) * * *
    (1) Less than 1 hour prior to leaving port, for vessels issued a 
limited access NE multispecies DAS permit or, for vessels issued a 
limited access NE multispecies DAS permit and a limited access monkfish 
permit (Category C, D, F, G, or H), unless otherwise specified in this 
paragraph (c)(1), and, prior to leaving port for vessels issued a 
limited access monkfish Category A or B permit, the vessel owner or 
authorized representative must notify the Regional Administrator that 
the vessel will be participating in the DAS program by calling the 
Regional Administrator and providing the following information: Owner 
and caller name and phone number, vessel's name and permit number, type 
of trip to be taken, port of departure, and that the vessel is 
beginning a trip. A DAS begins once the call has been received and a 
confirmation number is given by the Regional Administrator, or when a 
vessel leaves port, whichever occurs first, unless otherwise specified 
in paragraph (c)(6) of this section. Vessels issued a limited access 
monkfish Category C, D, F, G, or H permit that are allowed to fish as a 
Category A or B vessel in accordance with the provisions of Sec.  
648.92(b)(2)(i), are subject to the call-in notification requirements 
for limited access monkfish Category A or B vessels specified under 
this paragraph (c)(1) for those monkfish DAS where there is not a 
concurrent NE multispecies DAS.
* * * * *
    6. In Sec.  648.14, the introductory sentence of paragraph (y) is 
revised, paragraphs (a)(125), (x)(8), (y)(1)(iii), (y)(3), (y)(7) and 
(y)(21) are revised, and paragraph (y)(1)(iv) is added to read as 
follows:


Sec.  648.14  Prohibitions.

* * * * *
    (a)* * *

[[Page 2596]]

    (125) For vessels issued a limited access NE multispecies permit, 
or those issued a limited access NE multispecies permit and a limited 
access monkfish permit (Category C, D, F, G, or H), but are not fishing 
under the limited access monkfish Category A or B provisions as allowed 
under Sec.  648.92(b)(2), call into the DAS program prior to 1 hour 
before leaving port.
* * * * *
    (x) * * *
    (8) Monkfish. All monkfish retained or possessed on a vessel issued 
any permit under Sec.  648.4 are deemed to have been harvested from the 
EEZ, unless the preponderance of evidence demonstrates that such fish 
were harvested by a vessel that fished exclusively in the NAFO 
Regulatory Area, as authorized under Sec.  648.17.
* * * * *
    (y) In addition to the general prohibitions specified in Sec.  
600.725 of this chapter and in paragraph (a) of this section, it is 
unlawful for any person owning or operating a vessel that engages in 
fishing for monkfish to do any of the following, unless otherwise 
fishing in accordance with, and exempted under, the provisions of Sec.  
648.17:
    (1) * * *
    (iii) The monkfish were harvested in or from the EEZ by a vessel 
not issued a Federal monkfish permit that engaged in recreational 
fishing; or
    (iv) The monkfish were harvested from the NAFO Regulatory Area in 
accordance with the provisions specified under Sec.  648.17.
* * * * *
    (3) Sell, barter, trade, or otherwise transfer, or attempt to sell, 
barter, trade, or otherwise transfer for a commercial purpose, any 
monkfish without having been issued a valid monkfish vessel permit, 
unless the vessel fishes for monkfish exclusively in state waters, or 
exclusively in the NAFO Regulatory Area in accordance with the 
provisions specified under Sec.  648.17.
* * * * *
    (7) Fail to comply with the area restrictions applicable to limited 
access Category G and H vessels specified under Sec.  648.92(b)(9).
* * * * *
    (21) Fail to comply with the area declaration requirements 
specified at Sec.  Sec.  648.93(b)(2) and 648.94(f) when fishing under 
a scallop, NE multispecies or monkfish DAS exclusively in the NFMA 
under the less restrictive monkfish possession limits of that area.
* * * * *
    7. Section 648.17 is revised to read as follows:


Sec.  648.17  Exemptions for vessels fishing in the NAFO Regulatory 
Area.

    (a) Fisheries included under exemption. (1) NE Multispecies. A 
vessel issued a valid High Seas Fishing Compliance permit under 50 CFR 
part 300 and that complies with the requirements specified in paragraph 
(b) of this section, is exempt from NE multispecies permit, mesh size, 
effort-control, and possession limit restrictions, specified in 
Sec. Sec.  648.4, 648.80, 648.82 and 648.86, respectively, while 
transiting the EEZ with NE multispecies on board the vessel, or landing 
NE multispecies in U.S. ports that were caught while fishing in the 
NAFO Regulatory Area.
    (2) Monkfish. A vessel issued a valid High Seas Fishing Compliance 
permit under 50 CFR part 300 and that complies with the requirements 
specified in paragraph (b) of this section is exempt from monkfish 
permit, mesh size, effort-control, and possession limit restrictions, 
specified in Sec. Sec.  648.4, 648.91, 648.92 and 648.94, respectively, 
while transiting the EEZ with monkfish on board the vessel, or landing 
monkfish in U.S. ports that were caught while fishing in the NAFO 
Regulatory Area.
    (b) General requirements. (1) The vessel operator has a letter of 
authorization issued by the Regional Administrator on board the vessel;
    (2) For the duration of the trip, the vessel fishes, except for 
transiting purposes, exclusively in the NAFO Regulatory Area and does 
not harvest fish in, or possess fish harvested in, or from, the EEZ;
    (3) When transiting the EEZ, all gear is properly stowed in 
accordance with one of the applicable methods specified in Sec.  
648.23(b); and
    (4) The vessel operator complies with the High Seas Fishing 
Compliance permit and all NAFO conservation and enforcement measures 
while fishing in the NAFO Regulatory Area.
    8. In Sec.  648.80, paragraph (b)(5)(i)(B) is revised to read as 
follows:


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

* * * * *
    (b) * * *
    (5) * * *
    (i) * * *
    (B) All trawl nets must comply with the minimum mesh size specified 
under Sec.  648.91(c)(1)(i).
* * * * *
    9. In Sec.  648.82, paragraph (k)(4)(vi) is revised to read as 
follows:


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

* * * * *
    (k) * * *
    (4) * * *
    (vi) Monkfish Category C, D, F, G and H vessels. A vessel that 
possesses a valid limited access NE multispecies DAS permit and a valid 
limited access monkfish Category C, D, F, G or H permit and leases NE 
multispecies DAS to or from another vessel is subject to the 
restrictions specified in Sec.  648.92(b)(2).
* * * * *
    10. In Sec.  648.91, paragraph (c)(1)(ii) and (iv) are revised, and 
paragraph (c)(3) is added to read as follows:


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

* * * * *
    (c) * * *
    (1) * * *
    (ii) Trawl nets while on a monkfish and NE multispecies DAS. For 
vessels issued a Category C, D, G or H limited access monkfish permit 
and fishing with trawl gear under both a monkfish and NE multispecies 
DAS, the minimum mesh size is that allowed under regulations governing 
mesh size at Sec.  648.80(a)(3), (a)(4), (b)(2)(i), or (c)(2)(i), 
depending upon, and consistent with, the NE multispecies regulated mesh 
area being fished, unless otherwise specified in this paragraph 
(c)(1)(ii). Trawl vessels participating in the Offshore Fishery 
Program, as described in Sec.  648.95, and that have been issued a 
Category F monkfish limited access permit, are subject to the minimum 
mesh size specified in paragraph (c)(1)(i) of this section.
* * * * *
    (iv) Authorized gear while on a monkfish and scallop DAS. Vessels 
issued a Category C, D, G or H limited access monkfish permit and 
fishing under a monkfish and scallop DAS may only fish with and use a 
trawl net with a mesh size no smaller than that specified in paragraph 
(c)(1)(i) of this section.
* * * * *
    (3) SFMA trawl roller gear restriction. The roller gear diameter on 
any vessel on a monkfish DAS in the SFMA may not exceed 6 inches (15.2 
cm) in diameter.
    11. In Sec.  648.92, paragraphs (b)(1)(i), (b)(2), (b)(6), and 
(b)(8)(i)(B) are revised; paragraphs (b)(1)(iii) and (iv), (b)(9) and 
(c) are added; and paragraph (b)(5) is removed and reserved to read as 
follows:

[[Page 2597]]

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

* * * * *
    (b) * * *
    (1) * * *
    (i) General provision. All limited access monkfish permit holders 
shall be allocated monkfish DAS each fishing year to be used in 
accordance with the restrictions of this paragraph (b), unless modified 
by paragraph (b)(1)(ii) of this section according to the provisions 
specified at Sec.  648.96(b)(3). The number of monkfish DAS to be 
allocated, before accounting for any such modification, is 40 DAS minus 
the amount calculated in paragraph (b)(1)(iv) of this section, unless 
the vessel is enrolled in the Offshore Fishery Program in the SFMA, as 
specified in paragraph (b)(1)(iii) of this section. Limited access NE 
multispecies and limited access sea scallop permit holders who also 
possess a valid limited access monkfish permit must use a NE 
multispecies or sea scallop DAS concurrently with their monkfish DAS, 
except as provided in paragraph (b)(2) of this section, unless 
otherwise specified under this part F.
* * * * *
    (iii) Offshore Fishery Program DAS allocation. A vessel issued a 
Category F permit, as described in Sec.  648.95, shall be allocated a 
pro-rated number of DAS as specified at Sec.  648.95(g)(2).
    (iv) Research DAS set-aside. A total of 500 DAS will be available 
for cooperative research programs as described in paragraph (c) of this 
section. These DAS will be deducted from the total number of DAS 
allocated to all monkfish limited access permit holders, as specified 
under paragraph (b)(1)(i) of this section. A per vessel deduction will 
be determined as follows: Allocated DAS minus the quotient of 500 DAS 
divided by the total number of limited access permits issued in the 
previous fishing year. For example, if the DAS allocation equals 40 DAS 
and if there are 750 limited access permits issued in FY 2004, the 
number of DAS allocated to each vessel in FY 2005 will be 40 DAS minus 
(500 DAS divided by 750 permits), or 40 DAS minus 0.7 DAS, or 39.3 DAS.
    (2) Category C, D, F, G or H limited access monkfish permit 
holders. (i) Unless otherwise specified in paragraph (b)(2)(ii) of this 
section, each monkfish DAS used by a limited access NE multispecies or 
scallop DAS vessel holding a Category C, D, F, G or H limited access 
monkfish permit shall also be counted as a NE multispecies or scallop 
DAS, as applicable, except when a Category C, D, F, G or H vessel with 
a limited access NE multispecies DAS permit has an allocation of NE 
multispecies Category A DAS, specified under Sec.  648.82(d)(1), that 
is less than the number of monkfish DAS allocated for the fishing year 
May 1 through April 30. Under this circumstance, the vessel may fish 
under the monkfish limited access Category A or B provisions, as 
applicable, for the number of DAS that equal the difference between the 
number of its allocated monkfish DAS and the number of its allocated NE 
multispecies Category A DAS. For such vessels, when the total 
allocation of NE multispecies Category A DAS has been used, a monkfish 
DAS may be used without concurrent use of a NE multispecies DAS. (For 
example, if a monkfish Category D vessel's NE multispecies Category A 
DAS allocation is 30, and the vessel fished 30 monkfish DAS, 30 NE 
multispecies Category A DAS would also be used, unless otherwise 
authorized under Sec.  648.85(b)(6). However, after all 30 NE 
multispecies Category A DAS are used, the vessel may utilize its 
remaining 10 monkfish DAS to fish on monkfish, without a NE 
multispecies DAS being used, provided that the vessel fishes under the 
regulations pertaining to a Category B vessel and does not retain any 
regulated NE multispecies.)
    (ii) Category C, D, F, G or H vessels that lease NE multispecies 
DAS. (A) A monkfish Category C, D, F, G or H vessel that has 
``monkfish-only'' DAS, as specified in paragraph (b)(2)(i) of this 
section, and that leases NE multispecies DAS from another vessel 
pursuant to Sec.  648.82(k), is required to fish its available 
``monkfish-only'' DAS in conjunction with its leased NE multispecies 
DAS, to the extent that the vessel has NE multispecies DAS available.
    (B) A monkfish Category C, D, F, G or H vessel that leases DAS to 
another vessel(s), pursuant to Sec.  648.82(k), is required to forfeit 
a monkfish DAS for each NE multispecies DAS that the vessel leases, 
equal in number to the difference between the number of remaining 
multispecies DAS and the number of unused monkfish DAS at the time of 
the lease. For example, if a lessor vessel, which had 40 unused 
monkfish DAS and 47 allocated multispecies DAS, leased 10 of its 
multispecies DAS, the lessor would forfeit 3 of its monkfish DAS (40 
monkfish DAS - 37 multispecies DAS = 3) because it would have 3 fewer 
multispecies DAS than monkfish DAS after the lease.
* * * * *
    (5) [Reserved]
    (6) Declaring monkfish DAS. A vessel's owner or authorized 
representative shall notify the Regional Administrator of a vessel's 
participation in the monkfish DAS program using the notification 
requirements specified in Sec.  648.10.
* * * * *
    (8) * * *
    (i) * * *
    (B) Category C, D, F, G and H vessels that possess a limited access 
NE multispecies permit. A vessel issued a valid monkfish limited access 
Category C, D, F, G or H permit that possesses a valid limited access 
NE multispecies permit and fishing under a monkfish DAS may not fish 
with, haul, possess, or deploy more than 150 gillnets. A vessel issued 
a NE multispecies limited access permit and a limited access monkfish 
permit, and fishing under a monkfish DAS, may fish any combination of 
monkfish, roundfish, and flatfish gillnets, up to 150 nets total, 
provided that the number of monkfish, roundfish, and flatfish gillnets 
is consistent with the limitations of Sec.  648.82. Nets may not be 
longer than 300 ft (91.4 m), or 50 fathoms, in length.
    (9) Category G and H limited access permit holders. (i) Vessels 
issued limited access Category G and H permits shall be restricted to 
fishing on a monkfish DAS in the area south of 38[deg]20' N. lat.
    (ii) Vessels issued valid limited access monkfish Category G or H 
permit that also possess a limited access multispecies or limited 
access scallop permit are subject to the same provisions as Category C 
or D vessels, respectively, unless otherwise stated under this part.
    (c) Monkfish research--(1) DAS Set-Aside Program. (i) NMFS will 
publish a Request for Proposals (RFP) in the Federal Register at least 
3 months prior to the start of the upcoming fishing year, consistent 
with procedures and requirements established by the NOAA Grants Office, 
to solicit proposals from industry for the upcoming fishing year, based 
on research priorities identified by the Councils.
    (ii) NMFS shall convene a review panel that may include members of 
the Councils' Monkfish Oversight Committee, the Council's Research 
Steering Committee, and other technical experts, to review proposals 
submitted in response to the RFP.
    (A) Each panel member shall recommend which research proposals 
should be authorized to utilize the research DAS set aside in 
accordance with paragraph (b)(1)(iv) of this section, based on the 
selection criteria described in the RFP.

[[Page 2598]]

    (B) The Regional Administrator and the NOAA Grants Office shall 
consider each panel member's recommendation, provide final approval of 
the projects and exempt selected vessel(s) from regulations specified 
in each of the respective FMPs through written notification to the 
project proponent.
    (iii) The grant awards approved under the RFPs shall be for the 
upcoming fishing year. Proposals to fund research that would start 
prior to the fishing year are not eligible for consideration. Multi-
year grant awards may be approved under an RFP for an upcoming fishing 
year, so long as the research DAS available under subsequent RFPs are 
adjusted to account for the approval of multi-year awards. All research 
trips shall be completed within the fishing year(s) for which the 
research grant was awarded.
    (iv) Research projects shall be conducted in accordance with 
provisions approved and provided in an Exempted Fishing Permit (EFP) 
issued by the Regional Administrator, as authorized under Sec.  
600.745(b)(2).
    (v) If the Regional Administrator determines that the annual 
allocation of research DAS will not be used in its entirety once all of 
the grant awards have been approved, the Regional Administrator shall 
reallocate the unallocated research DAS as exempted DAS to be 
authorized as described in paragraph (c)(2) of this section.
    (iv) For proposals that require other regulatory exemptions that 
extend beyond the scope of the analysis contained in the Monkfish FMP, 
subsequent amendments, or framework adjustments, applicants may be 
required to provide additional analysis of the impacts of the requested 
exemptions before issuance of an EFP will be considered.
    (2) DAS Exemption Program. (i) Vessels that seek to conduct 
monkfish research within the current fishing year, and that were not 
included in the RFP process during the previous fishing year, may seek 
exemptions from monkfish DAS for the purpose of conducting exempted 
fishing activities, as authorized at Sec.  600.745(b), under the 
following conditions and restrictions:
    (A) The request for a monkfish DAS exemption must be submitted 
along with a complete application for an EFP to the Regional 
Administrator. The requirements for submitting a complete EFP 
application are provided in Sec.  600.745(b)(2).
    (B) Exempted DAS must be available for usage. Exempted DAS shall 
only be made available by the Regional Administrator if it is 
determined that the annual set-aside of research DAS will not be used 
in its entirety, as described in paragraph (c)(1)(v) of this section. 
If exempted DAS are not available for usage, the applicant may continue 
to seek an exemption from monkfish DAS, but may be required to conduct 
an analysis of the impacts associated with the monkfish DAS exemption 
request before issuance of the EFP application will be considered.
    (C) For EFP applications that require other regulatory exemptions 
that extend beyond the scope of the analysis contained in the Monkfish 
FMP, subsequent amendments, or framework adjustments, applicants may be 
required to provide additional analysis of the impacts of the requested 
exemptions before issuance of an EFP will be considered.
    (ii) Monkfish DAS exemption requests shall be reviewed and approved 
by the Regional Administrator in the order in which they are received.
    12. In Sec.  648.93, paragraph (b) is revised to read as follows:


Sec.  648.93  Monkfish minimum fish sizes.

* * * * *
    (b) Minimum fish size. The minimum fish size for all vessels is 17 
inches (43.2 cm) total length/11 inches (27.9 cm) tail length.
    13. In Sec.  648.94, paragraphs (b)(2)(i), (ii) and (iii), 
(b)(3)(i) and (ii), (b)(5), (b)(6), and (c) are revised, and paragraph 
(b)(2)(iv) is added to read as follows:


Sec.  648.94  Monkfish possession and landing restrictions.

* * * * *
    (b) * * *
    (2) * * *
    (i) Category A, C, and G vessels. Category A, C, and G vessels 
fishing under the monkfish DAS program in the SFMA may land up to 550 
lb (250 kg) tail-weight or 1,826 lb (828 kg) whole weight of monkfish 
per monkfish DAS (or any prorated combination of tail-weight and whole 
weight based on the conversion factor for tail-weight to whole weight 
of 3.32), unless modified pursuant to Sec.  648.96(b)(2)(ii).
    (ii) Category B, D, and H vessels. Category B, D and H vessels 
fishing under the monkfish DAS program in the SFMA may land up to 450 
lb (204 kg) tail-weight or 1,494 lb (678 kg) whole weight of monkfish 
per monkfish DAS (or any prorated combination of tail-weight and whole 
weight based on the conversion factor for tail-weight to whole weight 
of 3.32), unless modified pursuant to Sec.  648.96(b)(2)(ii).
    (iii) Category F vessels. Vessels issued a Category F permit are 
subject the possession and landing restrictions specified at Sec.  
648.95(g)(1).
    (iv) Administration of landing limits. A vessel owner or operator 
may not exceed the monkfish trip limits as specified in paragraphs 
(b)(2)(i) through (iii) of this section per monkfish DAS fished, or any 
part of a monkfish DAS fished.
    (3) Category C, D, F, G and H vessels fishing under the 
multispecies DAS program.--(i) NFMA--(A) Category C and D vessels. 
There is no monkfish trip limit for a Category C or D vessel that is 
fishing under a NE multispecies DAS exclusively in the NFMA.
    (B) Category, F, G and H vessels. Vessels issues a Category F, G or 
H permit that are fishing under a multispecies DAS in the NFMA are 
subject to the incidental catch limit specified in paragraph (c)(1)(i) 
of this section.
    (ii) SFMA--(A) Category C, D, and F vessels. If any portion of a 
trip is fished only under NE a multispecies DAS, and not under a 
monkfish DAS, in the SFMA, a Category C, D, or F vessel may land up to 
300 lb (136 kg) tail-weight or 996 lb (452 kg) whole weight of monkfish 
per DAS if trawl gear is used exclusively during the trip, or 50 lb (23 
kg) tail-weight or 166 lb (75 kg) whole weight per DAS if gear other 
than trawl gear is used during the trip.
    (B) Category G and H vessels. Vessels issues a Category G or H 
permit that are fishing under a multispecies DAS in the SFMA are 
subject to the incidental catch limit specified in paragraph (c)(1)(ii) 
of this section.
* * * * *
    (5) Category C, D, G, or H scallop vessels declared into the 
monkfish DAS program without a dredge on board, or not under the net 
exemption provision. Category C, D, G or H vessels that have declared 
into the monkfish DAS program and that do not fish with or have a 
dredge on board, or that are not fishing with a net under the net 
exemption provision specified in Sec.  648.51(f), are subject to the 
same landing limits as specified in paragraphs (b)(1) and (b)(2) of 
this section, or the landing limit specified in Sec.  648.95(g)(1), if 
issued a Category F permit. Such vessels are also subject to provisions 
applicable to Category A and B vessels fishing only under a monkfish 
DAS, consistent with the provisions of this part.
    (6) Vessels not fishing under a NE multispecies, scallop or 
monkfish DAS. The possession limits for all limited access monkfish 
vessels when not fishing under a multispecies, scallop, or monkfish DAS 
are the same as the possession limits for a vessel issued a monkfish 
incidental catch permit

[[Page 2599]]

specified under paragraphs (c)(3) through (c)(6) of this section.
* * * * *
    (c) Vessels issued a monkfish incidental catch permit--(1) Vessels 
fishing under a multispecies DAS--(i) NFMA. Vessels issued a monkfish 
incidental catch (Category E) permit, or issued a valid limited access 
Category F, G or H permit, fishing under a multispecies DAS exclusively 
in the NFMA may land up to 400 lb (181 kg) tail weight or 1,328 lb (602 
kg) whole weight of monkfish per DAS, or 50 percent (where the weight 
of all monkfish is converted to tail weight) of the total weight of 
fish on board, whichever is less. For the purposes of converting whole 
weight to tail weight, the amount of whole weight possessed or landed 
is divided by 3.32.
    (ii) SFMA. If any portion of the trip is fished by a vessel issued 
a monkfish incidental catch (Category E) permit, or issued a valid 
limited access Category G or H permit, under a multispecies DAS in the 
SFMA, the vessel may land up to 50 lb (23 kg) tail-weight or 166 lb (75 
kg) whole weight of monkfish per DAS (or any prorated combination of 
tail-weight and whole weight based on the conversion factor).
    (2) Scallop vessels fishing under a scallop DAS. A scallop vessel 
issued a monkfish incidental catch (Category E) permit, or issued a 
valid limited access Category G or H permit, fishing under a scallop 
DAS may land up to 300 lb (136 kg) tail-weight or 996 lb (452 kg) whole 
weight of monkfish per DAS (or any prorated combination of tail-weight 
and whole weight based on the conversion factor).
    (3) Vessels fishing with large mesh and not fishing under a 
monkfish, NE multispecies or scallop DAS--(i) A vessel issued a valid 
monkfish incidental catch (Category E) permit fishing in the GOM or GB 
RMAs, or the SNE RMA east of the MA Exemption Area boundary with mesh 
no smaller than specified at Sec.  648.80(a)(3)(i), (a)(4)(i), and 
(b)(2)(i), respectively, while not on a monkfish, NE multispecies, or 
scallop DAS, may possess, retain, and land monkfish (whole or tails) 
only up to 5 percent (where the weight of all monkfish is converted to 
tail weight) of the total weight of fish on board. For the purposes of 
converting whole weight to tail weight, the amount of whole weight 
possessed or landed is divided by 3.32.
    (ii) A vessel issued a valid monkfish incidental catch (Category E) 
permit fishing in the SNE and MA RMAs west of the MA Exemption Area 
boundary with mesh no smaller than specified at Sec.  648.104(a)(1) 
while not on a monkfish, NE multispecies, or scallop DAS, may possess, 
retain, and land monkfish (whole or tails) only up to 5 percent (where 
the weight of all monkfish is converted to tail weight) of the total 
weight of fish on board, but not to exceed 450 lb (204 kg) tail-weight 
or 1,494 lb (678 kg) whole weight of monkfish. For the purposes of 
converting whole weight to tail weight, the amount of whole weight 
possessed or landed is divided by 3.32.
    (4) Vessels fishing with small mesh and not fishing under a 
monkfish, NE multispecies or scallop DAS. A vessel issued a valid 
monkfish incidental catch (Category E) permit fishing with mesh smaller 
than the mesh size specified by area in paragraph (c)(3) of this 
section, while not on a monkfish, NE multispecies, or scallop DAS, may 
possess, retain, and land only up to 50 lb (23 kg) tail-weight or 166 
lb (75 kg) whole weight of monkfish per day or partial day, not to 
exceed 150 lb (68 kg) per trip.
    (5) Small vessels. A vessel issued a limited access NE multispecies 
permit and a valid monkfish incidental catch (Category E) permit that 
is < 30 ft (9.1 m) in length and that elects not to fish under the NE 
multispecies DAS program may possess, retain, and land up to 50 lb (23 
kg) tail-weight or 166 lb (75 kg) whole weight of monkfish per day or 
partial day, not to exceed 150 lb (68 kg) per trip.
    (6) Vessels fishing with handgear. A vessel issued a valid monkfish 
incidental catch (Category E) permit and fishing exclusively with rod 
and reel or handlines with no other fishing gear on board, while not on 
a monkfish, NE multispecies, or scallop DAS, may possess, retain, and 
land up to 50 lb (23 kg) tail-weight or 166 lb (75 kg) whole weight of 
monkfish per day or partial day, not to exceed 150 lb (68 kg) per trip.
    (7) Vessels fishing with surfclam or ocean quahog dredge gear. A 
vessel issued a valid monkfish incidental catch (Category E) permit and 
a valid surfclam or ocean quahog permit, while fishing exclusively with 
a hydraulic clam dredge or mahogany quahog dredge, may possess, retain, 
and land up to 50 lb (23 kg) tail-weight or 166 lb (75 kg) whole weight 
of monkfish per day or partial day, not to exceed 150 lb (68 kg) per 
trip.
    (8) General Category Scallop vessels. A vessel issued a valid 
monkfish incidental catch (Category E) permit and a valid General 
Category Scallop permit, while fishing exclusively with scallop dredge 
as specified in Sec.  648.51(b), may possess, retain, and land up to 50 
lb (23 kg) tail-weight or 166 lb (75 kg) whole weight of monkfish per 
day or partial day, not to exceed 150 lb (68 kg) per trip.
* * * * *
    14. Section 648.95 is added to read as follows:


Sec.  648.95  Offshore Fishery Program in the SFMA.

    (a) General. Any vessel issued a valid monkfish limited access 
permit is eligible to apply for a Category F permit in order to fish in 
the Offshore Fishery Program in the SFMA.
    (1) A vessel issued a Category F permit is subject to the specific 
provisions and conditions of this section while fishing on a monkfish 
DAS.
    (2) When not fishing on a monkfish DAS, a Category F vessel may 
fish under the regulations applicable to the monkfish incidental catch 
(Category E) permit, specified under paragraph Sec.  648.94(c) of this 
section. When fishing on a NE multispecies DAS in the NFMA, a Category 
F vessel that also possesses a NE multispecies limited access permit is 
subject to the possession limits applicable to vessels issued an 
incidental catch permit as described in Sec.  648.94(c)(1)(i).
    (3) Limited access Category C or D vessels that apply for and are 
issued a Category F permit remain subject to the provisions specific to 
Category C and D vessels, unless otherwise specified under this part.
    (b) Declaration. A vessel intending to fish in, or fishing in, the 
Offshore Fishery Program must obtain a monkfish limited access Category 
F permit and fish under this permit for the entire fishing year, 
subject to the conditions and restrictions specified under this part. 
For fishing year 2005, the owner of a vessel, or authorized 
representative, may change its previous 2005 limited access monkfish 
permit category to permit Category F within 45 days of the effective 
date of the final rule implementing Amendment 2, provided the vessel 
has not fished under the monkfish DAS program during the 2005 fishing 
year.
    (c) Offshore Fishery Program Area. The Offshore Fishery Program 
Area is bounded on the south by 38[deg]00 N. lat., and on the north, 
west and east by the area coordinates specified in Sec.  648.23(a).
    (d) Season. October 1 through April 30 each year.
    (e) Restrictions. (1) Except for the transit provisions provided 
for in paragraph (f) of this section, a vessel issued a valid Category 
F permit may only fish for, possess, and land monkfish in or from the 
Offshore

[[Page 2600]]

Fishery Program Area while on a monkfish DAS.
    (2) A vessel enrolled in the Offshore Fishery Program is restricted 
to fishing under its monkfish DAS during the season in paragraph (d) of 
this section.
    (3) Gear. A vessel issued a Category F permit that is fishing on a 
monkfish DAS is subject to the minimum mesh size requirements 
applicable to limited access monkfish Category A and B vessels, as 
specified under Sec.  648.91(c)(1)(i) and (iii), as well as the other 
gear requirements specified in paragraphs (c)(2) and (3) of that 
section.
    (4) VMS. A vessel issued a Category F permit must have installed on 
board an operational VMS unit that meets the minimum performance 
criteria specified in Sec. Sec.  648.9 and 648.10.
    (f) Transiting. A vessel issued a Category F permit and fishing 
under a monkfish DAS that is transiting to or from the Offshore Fishery 
Program Area, described in paragraph (c)(1) of this section, shall have 
all gear stowed and not available for immediate use in accordance with 
the gear stowage provisions described in Sec.  648.23(b).
    (g) Monkfish possession limits and DAS allocations. (1) A vessel 
issued a Category F permit may land up to1,600 lb (726 kg) tail-weight 
or 5,312 lb (2,409 kg) whole weight of monkfish per monkfish DAS (or 
any prorated combination of tail-weight and whole weight based on the 
conversion factor of 3.32 times tail-weight).
    (2) The monkfish DAS allocation for vessels issued a Category F 
permit shall be based on a proration of the trip limit applicable to 
the vessel's monkfish limited access permit category in relation to the 
fixed daily possession limit specified in paragraph (g)(1) of this 
section multiplied by the DAS allocation for limited access monkfish 
vessels not issued Category F permits, specified under Sec.  
648.92(b)(1). For example, if a vessel has a limited access monkfish 
Category C permit, and the applicable trip limit is 800 lb (363 kg) for 
this category, and the vessel has an annual allocation of 40 monkfish 
DAS, then the monkfish DAS allocated to that vessel when issued a 
Category F permit would be 20 monkfish DAS (800 lb/1,600 lb x 40 
monkfish DAS = 20 DAS). Any carryover monkfish DAS will be included in 
the proration calculation.
    (3) Incidental catch limit when fishing under a multispecies DAS in 
the NFMA. Vessels issues a Category F permit that are fishing under a 
multispecies DAS in the NFMA are subject to the incidental catch limit 
specified in paragraph (c)(1)(i) of this section.
    (h) DAS usage by NE multispecies or sea scallop limited access 
permit holders. A vessel issued a Category F permit that also has been 
issued either a NE multispecies or sea scallop limited access permit, 
and is fishing on a monkfish DAS, is subject to the DAS usage 
requirements specified in Sec.  648.92(b)(2).
    15. In Sec.  648.96, paragraph (c)(1)(i) is revised to read as 
follows:


Sec.  648.96  Monkfish annual adjustment process and framework 
specifications.

* * * * *
    (c) * * *
    (1) * * *
    (i) Based on their annual review, the MFMC may develop and 
recommend, in addition to the target TACs and management measures 
established under paragraph (b) of this section, other options 
necessary to achieve the Monkfish FMP's goals and objectives, which may 
include a preferred option. The MFMC must demonstrate through analysis 
and documentation that the options it develops are expected to meet the 
Monkfish FMP goals and objectives. The MFMC may review the performance 
of different user groups or fleet sectors in developing options. The 
range of options developed by the MFMC may include any of the 
management measures in the Monkfish FMP, including, but not limited to: 
Closed seasons or closed areas; minimum size limits; mesh size limits; 
net limits; liver-to-monkfish landings ratios; annual monkfish DAS 
allocations and monitoring; trip or possession limits; blocks of time 
out of the fishery; gear restrictions; transferability of permits and 
permit rights or administration of vessel upgrades, vessel replacement, 
or permit assignment; measures to minimize the impact of the monkfish 
fishery on protected species; gear requirements or restrictions that 
minimize bycatch or bycatch mortality; transferable DAS programs; and 
other frameworkable measures included in Sec.  Sec.  648.55 and 648.90.
* * * * *
    16. Section 648.97 is added to read as follows:


Sec.  648.97  Closed areas.

    (a) Oceanographer Canyon Closed Area. No fishing vessel or person 
on a fishing vessel may enter, fish, or be in the area known as 
Oceanographer Canyon Closed Area (copies of a chart depicting this area 
are available from the Regional Administrator upon request), as defined 
by straight lines connecting the following points in the order stated, 
while on a monkfish DAS:

                    Oceanographer Canyon Closed Area
------------------------------------------------------------------------
                                                                    W.
                         Point                          N. Lat.   Long.
------------------------------------------------------------------------
OC1                                                     40[deg]  68[deg]
                                                            10'      12'
OC2                                                     40[deg]  68[deg]
                                                            24'      09'
OC3                                                     40[deg]  68[deg]
                                                            24'      08'
OC4                                                     40[deg]  67[deg]
                                                            10'      59'
OC1                                                     40[deg]  68[deg]
                                                            10'      12'
------------------------------------------------------------------------

    (b) Lydonia Canyon Closed Area. No fishing vessel or person on a 
fishing vessel may enter, fish, or be in the area known as Lydonia 
Canyon Closed Area (copies of a chart depicting this area are available 
from the Regional Administrator upon request), as defined by straight 
lines connecting the following points in the order stated, while on a 
monkfish DAS:

                    Oceanographer Canyon Closed Area
------------------------------------------------------------------------
                                                                    W.
                         Point                          N. Lat.   Long.
------------------------------------------------------------------------
LC1                                                     40[deg]  67[deg]
                                                            16'      34'
LC2                                                     40[deg]  67[deg]
                                                            16'      42'
LC3                                                     40[deg]  67[deg]
                                                            20'      43'
LC4                                                     40[deg]  67[deg]
                                                            27'      40'
LC1                                                     40[deg]  67[deg]
                                                            27'      38'
LC1                                                     40[deg]  67[deg]
                                                            16'      34'
------------------------------------------------------------------------

[FR Doc. 05-755 Filed 1-13-05; 8:45 am]
BILLING CODE 3510-22-S