[Federal Register Volume 70, Number 81 (Thursday, April 28, 2005)]
[Rules and Regulations]
[Pages 21927-21946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8450]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 648

[Docket No. 041229366-5088-02; 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:  Final rule.

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SUMMARY:  NMFS is implementing approved measures contained in Amendment 
2 to the Monkfish Fishery Management Plan (FMP). 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 rule implements the

[[Page 21928]]

following measures: a new limited access permit for qualified vessels 
fishing south of 38[deg]20' N. lat.; an offshore monkfish fishery in 
the Southern Fishery Management Area (SFMA); a maximum roller-gear 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 days-at-sea (DAS) program; establishment of a 
research DAS set-aside program and a DAS exemption program; a North 
Atlantic Fisheries Organization (NAFO) Regulated Area Exemption 
Program; adjustments to the monkfish incidental catch limits; a 
decrease in the monkfish minimum size in the SFMA; removal of the 20-
day block requirement; and new additions to the list of actions that 
can be taken under the framework adjustment process contained in the 
FMP. The intent of this action is to provide efficient management of 
the monkfish fishery and to meet conservation objectives. Also, NMFS 
informs the public of the approval by the Office of Management and 
Budget (OMB) of the collection-of-information requirements contained in 
this final rule and publishes the OMB control numbers for these 
collections.

DATES:  Effective May 1, 2005.

ADDRESSES:  Copies of Amendment 2, its Regulatory Impact Review (RIR), 
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 (NEFMC), 50 Water Street, Newburyport, MA 01950. The 
document is also available online at http://www.nefmc.org. NMFS 
prepared a Final Regulatory Flexibility Analysis (FRFA), which is 
contained in the classification section of this rule. Copies of the 
Record of Decision (ROD) and the Small Entity Compliance Guide are 
available from the Regional Administrator, Northeast Regional Office, 
NMFS, One Blackburn Drive, Gloucester, MA 01930, and on the Northeast 
Regional Office's website at http://www.nero.noaa.gov.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final rule may be submitted to Patricia A. Kurkul at the above address 
and by e-mail to [email protected], or by fax to (202) 395-
7285.

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

SUPPLEMENTARY INFORMATION:

Background

    This final rule implements measures contained in Amendment 2 to the 
FMP, which was partially approved by NMFS on behalf of the Secretary of 
Commerce (Secretary) on March 30, 2005. A proposed rule for this action 
was published on January 14, 2005 (70 FR 2586), with public comments 
accepted through February 14, 2005. The public comment period was 
reopened for 10 days on February 24, 2005 (70 FR 9029), because the 
qualification period for the proposed modification to the monkfish 
limited entry program was incorrectly described in the preamble to the 
proposed rule. The details on the development of Amendment 2 were 
contained in the preamble of the proposed rule and are not repeated 
here. In the proposed rule, NMFS requested public comment on all 
proposed measures, but specifically asked for comment on the measure to 
provide owners of limited access monkfish vessels with a one-time 
opportunity to reset their vessel's monkfish permit baseline 
characteristics to be the characteristics of the vessel first issued a 
Federal limited access permit, rather than the characteristics of the 
vessel at the time it was issued a monkfish limited access permit under 
the initial FMP. After considering public comments on this measure and 
the other measures contained in Amendment 2, NMFS, on behalf of the 
Secretary, has disapproved the monkfish baseline modification measure. 
Furthermore, NMFS is rejecting the Councils' determination and analysis 
with respect to the bycatch reporting methodology contained in 
Amendment 2, and is sending that portion of Amendment 2 back to the 
Councils for further consideration, development, and analysis in light 
of concerns raised in a recent Federal court decision in Oceana v. 
Evans (Civil Action No. 04-0811 (D.D.C. March 9, 2005)), which 
considered and rejected a similar provision in Amendment 13 to the 
Northeast (NE) Multispecies FMP (Amendment 13).
    A process for providing a monkfish limited access vessel owner with 
a one-time opportunity to reset their vessel's monkfish permit baseline 
characteristics to be the characteristics of the vessel first issued a 
Federal limited access permit was proposed in Amendment 2. This 
proposed management measure has been disapproved because it does not 
comply with National Standard 7 of the Magnuson-Stevens Fishery 
Conservation and Management (Magnuson-Stevens Act). National Standard 7 
of the Magnuson-Stevens Act states, ``Conservation and management 
shall, where practicable, minimize costs and avoid unnecessary 
duplication.'' Further, the regulatory guidelines for implementing 
National Standard 7 found at 50 CFR 600.340(d) state, ``The supporting 
analysis for FMPs should demonstrate that the benefits of fishery 
regulations are real and substantial relative to the added research, 
administrative, and enforcement, as well as costs to the industry of 
compliance.'' This proposed measure would only have addressed the 
multiple baseline issue with respect to the monkfish fishery, creating 
the need to address separately similar measures in other FMPs in order 
to fully address the larger issue of multiple baselines across all 
fisheries. Handling the multiple baseline issue in such a piece-meal 
manner would require the Councils and NMFS to develop and implement 
duplicate measures under each FMP, resulting in unnecessary 
administrative burden on the Government and on limited access permit 
holders. Upon implementation of such measures in each FMP, owners of 
vessels with multiple limited access permits would be required to 
modify their vessel's baseline for that particular fishery, potentially 
requiring a vessel owner to change a single vessel's baseline multiple 
times. Further, the potential benefits associated with addressing the 
multiple baseline issue in each individual FMP would not be fully 
realized until measures are implemented in all FMPs having limited 
access permits. Given the uncertainty of whether any fishing vessels 
would actually exercise their right to reset their vessel baseline 
under the baseline modification program proposed in Amendment 2, NMFS 
has determined that, at this time, the speculative benefits of this 
measure are not ``real and substantial'' relative to the added 
administrative and enforcement costs, as well as the costs to the 
industry of compliance. It would be more efficient, comprehensive, and 
less confusing to the public for the Councils to address the vessel 
baseline issue across all FMPs in an omnibus amendment.

Approved Measures

    NMFS has approved 10 measures proposed in Amendment 2. A 
description of the new management measures resulting from the partial 
approval of Amendment 2 and a summary of additional regulatory changes 
being made in this final rule are provided below.

[[Page 21929]]

1. Modification of the Limited Access Permit Qualification Criteria

    Amendment 2 provides owners of vessels that do not possess a 
monkfish limited access permit with the opportunity to qualify for a 
new monkfish limited access permit through a modified limited entry 
program. In order to qualify for a limited access permit under this 
modified limited entry program, a vessel must demonstrate that it 
landed the qualifying amount of monkfish in the area south of 
38[deg]00' N. lat. (i.e., at a port located south of 38[deg]00' N. 
lat.) during the qualification period of March 15 through June 15, 
during the years 1995 through 1998. Two permits will be available, 
depending on the amount of monkfish the vessel landed during the 
qualification period (the same landings levels that were required for 
the original monkfish limited access permits). To qualify for a 
Category G permit, a vessel must demonstrate monkfish landings of at 
least 50,000 lb (22,680 kg) tail weight during the qualification 
period. To qualify for a Category H permit, a vessel must demonstrate 
monkfish landings of at least 7,500 lb (3,402 kg) tail weight during 
the qualification period. Vessels qualifying for a Category G or H 
permit will 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 revised to 38[deg]20' N. lat. in response to sea turtle 
protection measures).
    This modified limited entry program is being implemented to provide 
a renewed opportunity for vessels operating in the southern range of 
the monkfish fishery to qualify for a limited access monkfish permit 
since some vessel owners claim they were not adequately notified of the 
monkfish control date established on February 27, 1995, because they 
did not possess Federal NE permits. In addition, the southern boundary 
of the monkfish fishery management unit was initially proposed as the 
VA/NC border, rather than the NC/SC border, leading some to believe 
they would not be affected by the FMP.

2. Offshore Fishery Program in the SFMA

    Amendment 2 establishes an offshore monkfish fishery program that 
will allow vessels to elect to fish under a monkfish possession limit 
of 1,600 lb (726 kg) (tail weight) per monkfish DAS when fishing in the 
Offshore Fishery Program Area under specific conditions, regardless of 
the possession limit that would otherwise be applicable to that vessel. 
For a vessel electing to fish in this program, monkfish DAS will be 
prorated based on a possession limit ratio (the standard permit 
category possession limit applicable to non-program vessels fishing in 
the SFMA, divided by 1,600 lb (726 kg) (the possession limit per DAS 
specified for vessels fishing in the program)), multiplied by the 
monkfish DAS available to the vessel when fishing in the SFMA.
    Vessels electing to fish in this program will be required to fish 
under the program rules for the entire fishing year and will receive a 
separate monkfish permit category (Category F). A vessel electing to 
fish in this program will be allowed to fish its monkfish DAS only 
within the Offshore Fishery Program Area from October through April. In 
addition, enrolled vessels will be required to have on board a Vessel 
Monitoring System (VMS) that is operational during the entire October 
through April season, and will be subject to the gear requirements 
applicable to monkfish limited access permit Category A and B vessels.
     The Offshore Fishery Program is being implemented to help restore 
the offshore monkfish fishery that was essentially eliminated by the 
disapproval of the ``running clock'' in the original FMP. The running 
clock provision proposed in the original FMP would have provided 
vessels with the ability to account for any possession limit overages, 
provided that the vessel let its monkfish DAS clock run upon returning 
to port to account for these overages. Without the running clock 
provision, vessels have been discouraged from fishing in offshore areas 
under the current restrictive possession limits. Any vessel not 
electing to fish under this program will still be allowed to fish in 
the Offshore Fishery Program Area under the rules and regulations 
applicable to non-program vessels. This program is intended to provide 
flexibility to the fishing industry without impacting the mortality 
objectives of the FMP.

3. SFMA Roller Gear Restriction

    The roller gear on all trawl vessels fishing under a monkfish DAS 
in the SFMA is restricted to a maximum disc diameter of 6 inches (15.2 
cm). The purpose of this new management measure is to minimize, to the 
extent practicable, the adverse impact of monkfish trawl gear on EFH. 
This measure is specific to the SFMA since it will help ensure that 
trawl vessels, which are known to be able to target monkfish more 
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.

4. Closure of Lydonia and Oceanographer Canyons

    Vessels fishing on a monkfish DAS are prohibited from fishing in 
the Oceanographer and Lydonia Canyon closure areas, as defined in 
Amendment 2, regardless of gear used. The purpose of these closures is 
to minimize, to the extent practicable, the adverse impact of monkfish 
fishing on EFH, especially due to the potential impacts associated with 
the anticipated expansion of the directed offshore monkfish fishery 
under the Offshore Southern Monkfish Program being implemented in this 
final rule.

5. Cooperative Research Initiative Programs

    Amendment 2 establishes two programs aimed at encouraging vessels 
to engage in cooperative monkfish research activities, 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. The purpose of these two 
programs is to expand incentives for fishermen to participate in a 
range of monkfish research and survey activities by reducing the costs 
associated with conducting the research, and by streamlining the 
exempted fishing permit (EFP) process.
    Under the DAS set-aside program, a pool of 500 monkfish DAS will be 
set aside to be distributed to vessels for the purpose of participating 
in cooperative monkfish research projects. These DAS will be obtained 
by removing 500 DAS from the total monkfish DAS available to the 
monkfish fleet prior to distribution to individual vessels. This will 
result in less than one DAS being deducted from each individual vessel 
allocation annually. For fishing year (FY) 2005, this set-aside will 
reduce individual vessel DAS allocations by 0.7 DAS. NMFS will publish 
a Request for Proposals (RFP) and vessels will be required to submit 
competitive bids to participate in specific research or survey 
projects. NMFS will then convene a review panel composed of Council 
members from the Monkfish Oversight

[[Page 21930]]

Committee, the Research Steering Committee, and other technical experts 
to review the proposals. NMFS will consider the recommendations of each 
panel member and award the contracts to successful applicants, 
including a distribution of DAS from the set-aside pool.
    The Regional Administrator (RA) will reallocate any unused research 
DAS as exempted DAS and provide notice of the reallocation in the 
Federal Register. Thus, any of the 500 DAS not distributed through the 
RFP process will be available to vessels through a DAS exemption 
program on a first-come-first-served basis. Under the DAS exemption 
program, vessels applying for an EFP will indicate the number of 
monkfish DAS they will require to complete their research project. NMFS 
will 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 exemption request that exceeds the 500 DAS set-aside 
analyzed in the FSEIS for Amendment 2, the applicant will be required 
to prepare an analysis of the impacts of the additional DAS effort that 
fully complies with the requirements of the National Environmental 
Policy Act. For FY 2005, all of the 500 DAS set aside for research will 
be reallocated as exempted DAS since an RFP cannot be published, 
projects reviewed and approved, and research DAS allocated in 
sufficient time for the research DAS to be utilized during FY 2005.

6. NAFO Regulated Area Exemption Program

    This final rule implements 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 Exclusive Economic 
Zone (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 
are exempt from the monkfish regulations pertaining to permit 
requirements, minimum mesh size, effort control (DAS), and possession 
limits. Further, monkfish caught from the NAFO Regulated Area will not 
count against the monkfish total allowable catch, provided: The vessel 
has on board a letter of authorization 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 exemption program provides additional flexibility 
to monkfish vessels without compromising the mortality objectives of 
the FMP.

7. Changes to Incidental Catch Provisions

    Three adjustments to the monkfish incidental catch limits are 
implemented through this final rule. The purpose of these adjustments 
to the incidental catch limits is to minimize regulatory discards 
without affecting the overall stock rebuilding program. The first 
adjustment increases the current 50 lb (23 kg) per trip possession 
limit to be 50 lb (23 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, 
NE multispecies, or scallop DAS, and fishing with handgear or small 
mesh (see below). This possession limit also applies to NE multispecies 
limited access vessels that hold a Small Vessel Exemption permit when 
not fishing under a DAS program. Small mesh is defined as mesh smaller 
than the NE multispecies minimum mesh size requirements applicable to 
vessels fishing in the GOM and GB Regulated Mesh Areas (RMAs), and the 
Southern New England (SNE) RMA east of the boundary for the Mid-
Atlantic (MA) Exemption Area. For vessels fishing in the SNE and MA 
RMAs west of the MA Exemption Area boundary, small mesh is defined as 
mesh smaller than the minimum mesh size applicable to limited access 
summer flounder vessels.
    The second adjustment implements the same incidental monkfish catch 
limit of 50 lb (23 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 sea scallop vessels (General Category or limited 
access) not fishing under a scallop DAS with dredge gear. These vessels 
were previously prohibited from retaining monkfish. For the purposes of 
these new possession limits, a day is counted starting with the time 
the vessel leaves port (as recorded in it's Vessel Trip Report), or, if 
the vessel has an operational VMS, when the vessel crosses the VMS 
demarcation line. This incidental catch limit has been modified from 
the proposed rule to include both General Category scallop vessels and 
limited access scallop vessels not fishing under a scallop DAS since 
limited access scallop vessels are authorized to fish under the same 
rules applicable to General Category vessels when not fishing under a 
scallop DAS, as specified under Sec.  648.52(a). The Amendment 2 
document was not clear with respect to whether or not this incidental 
catch provision should include limited access scallop vessels not 
fishing under a scallop DAS. However, because limited access scallop 
vessels must abide by the same provisions as General Category scallop 
vessels when not fishing under a scallop DAS, NMFS has determined that 
it was the Councils' intent to include these vessels under this 
incidental catch limit.
    The third monkfish incidental catch limit adjustment is applicable 
to vessels fishing with large mesh in the SNE or MA RMAs west of the 
boundary for the NE Multispecies MA Exemption Area. In this area, large 
mesh is defined as mesh equal to or greater than the minimum mesh size 
applicable to limited access summer flounder vessels. This adjustment 
increases the possession limit to 5 percent of the total weight of fish 
on board, to a maximum of 450 lb (204 kg), based on tail weight.

8. Decrease in Minimum Fish Size

    Amendment 2 reduces 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 minimum size limit of 14 inches (35.6 cm) tail length, 
21 inches (53.3 cm) total length. This change makes the minimum size 
for the SFMA consistent with the minimum fish size for the NFMA, 
simplifying the FMP rules and improving enforceability. Minimum fish 
size regulations have been widely used in FMPs on the basis that they 
discourage the targeting of small fish, and increase yield-per-recruit 
if successfully linked to gear with appropriate size-selectivity. 
Monkfish limited access trawl vessels that are fishing under a combined 
monkfish/multispecies DAS are authorized to use the minimum regulated 
mesh size authorized under the NE Multispecies FMP. As a result, these 
vessels already catch monkfish smaller than the current minimum fish 
size of 14 inches (35.6 cm) tail length. Until there is sufficient 
information linking trawl mesh size to the size of monkfish retained, 
the Councils determined that it is important to minimize the regulatory 
discards associated with vessels targeting monkfish using minimum 
regulated groundfish mesh. A reduction in the minimum fish size for the 
SFMA, while

[[Page 21931]]

keeping the minimum mesh size requirements constant, will have the 
effect of converting some monkfish discards to landings and reducing 
monkfish bycatch (regulatory discards), without changing the yield-per-
recruit or promoting the targeting of small fish. In addition, a 
uniform minimum size limit for both management areas reduces FMP 
complexity, making this management measure more enforceable and less 
confusing to the fishing industry. Further, allowing vessels to land 
monkfish that would otherwise have been discarded, due to a larger 
minimum size limit, will improve the catch data used in the stock 
assessment and management process.

9. Removal of 20-day Block Requirement

    Amendment 2 eliminates the 20-day block requirement for monkfish 
limited access Category A and B vessels. NMFS is removing the 20-day 
block requirement since it imposes an enforcement burden and increases 
the regulatory burden on monkfish limited access vessels with no 
apparent biological or economic benefit. This change does not affect 
the requirement for monkfish limited access vessels that also hold a NE 
multispecies limited access permit (Category C and D vessels) since 
these vessels must abide by the NE multispecies 20-day block 
requirement when fishing under a combined monkfish/multispecies DAS.

10. Modification of Framework Adjustment Procedures

    Amendment 2 includes three additions to the list of actions that 
can be taken under the existing framework adjustment procedure, which 
are as follows: Transferable monkfish DAS programs; measures to 
minimize the impact of the fishery on endangered or protected species; 
and measures to implement bycatch reduction devices. Including these 
additional measures to the list of frameworkable items could reduce the 
time required to implement such regulations, which otherwise would have 
to be done through an FMP amendment process.

11. Regulatory Changes

    This final rule implements several editorial revisions to the 
existing text in 50 CFR 648, subpart F, that are not proposed in 
Amendment 2. These revisions remove obsolete language (references to 
regulations in effect during previous fishing years) and improve the 
organization and clarity of the regulations.
    In addition to the editorial revisions referenced above, this final 
rule corrects 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 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 referenced only scallop dredge vessels fishing under a 
scallop DAS. The final rule will 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.
    This final rule corrects the monkfish minimum trawl mesh size for 
the 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 in drafting the regulatory text for the final rule implementing 
the original FMP.
    The final rule also corrects 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 (23 kg) 
tail weight possession limit is per multispecies DAS. This error 
occurred in the regulatory text of the final rule implementing the FMP, 
but was correctly described in the preamble to that rule.

Comments and Responses

    A total of 15 individual comment letters were received on the 
proposed rule and on the Amendment. Eleven comments were received 
specific to the proposed rule, two comments addressed the Amendment, 
and two comments did not distinguish between the proposed rule and the 
Amendment. This section summarizes the principle comments contained in 
the individual comment letters that pertained to Amendment 2 and the 
proposed rule, and NMFS's response to those comments. Any comments 
received that were not specific to the management measures contained in 
the Amendment 2 proposed rule, or in the amendment document, are not 
responded to in this final rule.
    Ten commentors expressed either general or specific support for the 
management measures contained in Amendment 2, although two of these 
commentors expressed opposition or lack of support for particular 
management measures. Five comments were received in apparent opposition 
to the Amendment. The opposing comments received on Amendment 2 and its 
proposed rule were specific to the following issues: The research DAS 
set-aside program; essential fish habitat (EFH) measures; the 
modification of monkfish vessel baselines; the reduction in the minimum 
fish size for the SFMA; bycatch minimization; and bycatch reporting 
methodology.
    Comment 1: One commentor opposed the proposed set-aside of 500 DAS 
for monkfish research, questioning the validity of such research 
activities.
    Response: The research set-aside program contained in Amendment 2 
will encourage much needed research on the monkfish resource by 
providing an incentive for vessel owners to participate in monkfish 
research activities while not utilizing their valuable DAS. Information 
collected through these research activities will enable the Councils 
and NMFS to better understand the monkfish resource, enabling more 
effective management of the monkfish fishery.
    Comment 2: Three commentors supported the Lydonia and Oceanographer 
canyon closure areas, while one commentor questioned the legal 
authority and scientific basis for these closures under the EFH 
provisions of the Magnuson-Stevens Act. Specifically, this commentor 
cites a July 28, 2004, letter from NOAA General Counsel to the NEFMC 
regarding the legal basis for protecting deep-water corals in Amendment 
2. This letter advised that if deep-water corals are designated as EFH 
for monkfish, then protection of such corals in Amendment 2 is legal 
and appropriate. The fishing industry representatives claim that 
because Amendment 2 states that corals are not currently included in 
the EFH descriptions for any species in the NE region, the legal basis 
for the closures is tenuous at best. Instead, these individuals urged 
NMFS to work with the Councils to develop a comprehensive approach 
toward the protection of deep-water coral in the NEFMC's upcoming 
Omnibus Habitat Amendment. The three groups which expressed support for 
the canyon closures also recommended that these closures be revisited 
and/or expanded upon in a future management action

[[Page 21932]]

such as the Omnibus Habitat Amendment.
    Response: The EFH final rule states that FMPs must minimize the 
adverse effects of fishing on EFH to the extent practicable. Although 
monkfish inhabit deep water, their EFH is not considered to be 
vulnerable to bottom-tending mobile gear (bottom trawls and dredges) 
and bottom gillnets because juvenile and adult monkfish are distributed 
over a wide geographic and depth range, and inhabit a variety of bottom 
substrates. As a result, no action is required to minimize the adverse 
impacts of the monkfish fishery or other fisheries on monkfish EFH. 
However, it has been determined that the monkfish fishery adversely 
affects the EFH for other federally managed species. Overall, there are 
23 federally managed species with at least one life stage having EFH 
that has been determined to be more than minimally vulnerable to bottom 
trawl gear. As a result, management action is required to minimize, to 
the extent practicable, the adverse impacts of the monkfish fishery on 
the EFH of other species (see 50 CFR 600.815(a)(2)(ii)).
    The Councils proposed the closure of Lydonia and Oceanographer 
canyons as a precautionary measure to prevent any potential direct or 
indirect impacts to the EFH of other species that may result as the 
offshore monkfish fishery expands under the Offshore Fishery Program in 
the SFMA that is being implemented in this final rule. Thus, these 
closure areas are not being implemented solely to protect deep-water 
corals. In developing these alternatives, the Councils recognized that 
EFH for some federally managed species extends beyond the continental 
shelf, and includes some of the offshore canyons. The direct benefits 
of these closure areas were assessed in the FSEIS for Amendment 2 in 
terms of the degree to which the closure areas contain EFH for any 
species in depths greater than 200 meters that is classified as 
vulnerable. Twenty-three federally managed species have been observed 
or collected in surveys within the two canyon closure areas, with 10 of 
these species having EFH defined as hard substrates in depths greater 
than 200 meters. Furthermore, the EFH designations for juvenile and/or 
adult life stages for 6 of these 10 species (redfish, tilefish, and 4 
species of skates) overlap with the two canyon closure areas. Since 
some type of hard substrate is included in the EFH description for all 
six species, EFH for all six of these species has been determined to be 
moderately to highly vulnerable to the effects of bottom trawls and 
minimally vulnerable to bottom gillnets. Any reduction in the quantity 
or quality of EFH for these six species within the two canyon closure 
areas would constitute a direct adverse impact. Thus, the direct 
adverse impacts associated with the expansion of the offshore monkfish 
fishery in the SFMA will be minimized through the implementation of the 
Lydonia and Oceanographer canyon closure areas.
    Although corals are not explicitly included in the EFH descriptions 
for any species in the NE region, deep-water corals are known to grow 
on hard substrates, which are included in the EFH descriptions for many 
of the federally managed species that occur within the proposed closure 
areas, and are considered to be potentially important features of EFH 
for such species. Deep-water corals are considered to be especially 
vulnerable to damage by fishing gear due to their often complex 
branching form of growth, and because many species are extremely slow 
growing. Additionally, some coral species are thought to function 
similar to other epibenthic fauna in that they provide relief and 
shelter to juvenile finfish. For example, the EFH for juvenile redfish 
is has been determined to be highly vulnerable to the effects of bottom 
trawling largely due to this species use of bottom structure (including 
corals) for shelter. In addition, several other species found in the 
canyon closure areas utilize deep-water gravel and other hard bottom 
habitat that support the growth of corals and other species of attached 
epifauna. Damage or loss of these organisms caused by monkfish trawl or 
gillnet gear would constitute an indirect adverse impact to the benthic 
habitats. Thus, the indirect adverse impacts associated with the 
expansion of the offshore monkfish fishery in the SFMA will be 
minimized through the implementation of the Lydonia and Oceanographer 
canyon closure areas. Accordingly, the implementation of these closures 
in the EFH context is not justified on the grounds that it is necessary 
to protect deep-water corals per se, but rather on the grounds that it 
is necessary to protect the type of habitat occurring in these areas, 
which incidentally includes deep-water corals among other organisms.
    Comment 3: One commentor questioned the scientific and legal 
authority of the canyon closure areas under the EFH provisions of the 
Magnuson-Stevens Act and questioned the scientific basis for the 
protection of deep-water corals under the bycatch provisions of the 
Magnuson-Stevens Act. This commentor stated that Amendment 2 provides 
no scientific evidence that the monkfish fishery is harvesting coral as 
bycatch.
    Response: National Standard 9 of the Magnuson-Stevens Act requires 
that management plans minimize bycatch to the extent practicable. NMFS 
considers bycatch to include finfish, shellfish, invertebrate species, 
and all other forms of marine animal and plant life. The extent to 
which deep-water corals are a bycatch in the monkfish fishery is 
unknown. In addition, the degree of spatial overlap between monkfish 
fishing effort and known locations of deep-water coral is minimal based 
upon available data. However, due to the potential expansion of the 
offshore monkfish fishery resulting from the implementation of the 
Offshore Fishery Program in the SFMA, these canyon closure areas are 
considered to be a necessary precautionary measure to limit the 
potential interaction between monkfish trawl and gillnet gear and the 
18 species of coral known to inhabit these two canyons. Thus, in 
addition to serving as a measure to minimize the direct and indirect 
adverse impacts of the monkfish fishery on the EFH of other species, 
these closure areas will also serve to minimize the potential bycatch 
of deep-water corals in the monkfish fishery.
    Comment 4: One commentor stated that Amendment 2 fails to minimize 
fishing impacts to gravel habitats and juvenile cod EFH.
    Response: The monkfish fishery can be separated into two 
components: The fishery in the NFMA and the fishery in the SFMA. In 
general, unless fishing in the Gulf of Maine (GOM) and Georges Bank 
(GB) monkfish gillnet fishery exemption area, vessels fishing for 
monkfish in the NFMA can only fish for monkfish while utilizing either 
a NE multispecies DAS or a scallop DAS, and must comply with all 
requirements of these FMPs. Because of this, monkfish fishing effort 
and activities are effectively controlled by management measures 
implemented under the NE Multispecies and Atlantic Sea Scallop FMPs. 
Recent amendments to these FMPs (Amendment 13 to the NE Multispecies 
FMP and Amendment 10 to the Atlantic Sea Scallop FMP) considered and 
analyzed a wide range of measures to minimize, to the extent 
practicable, the effects of fishing on EFH. These amendments also 
implemented several new management measures that had either the direct 
or indirect effect of reducing fishing impacts on EFH. The types of 
management measures considered and/or implemented in these amendments 
include area closures, fishing effort

[[Page 21933]]

reductions, gear changes and limitations, and incentives for fishermen 
to use gear having less of an impact on EFH. Both amendments concluded 
that the measures considered and implemented minimized, to the extent 
practicable, the adverse effects of fishing activities on EFH. 
Amendment 2 did not address the effects of fishing activities in the 
NFMA because these activities were fully addressed in Amendment 13 to 
the NE Multispecies FMP and Amendment 10 to the Atlantic Sea Scallop 
FMP.
    As opposed to the NFMA, vessels fishing for monkfish in the SFMA 
may operate outside the requirements and controls of the NE 
Multispecies and the Atlantic Sea Scallop FMPs. Therefore, Amendment 2 
considered a range of management measures to minimize, to the extent 
practicable, the effects of monkfish fishing on EFH in the SFMA. 
Amendment 2 implements two management measures with the specific intent 
of minimizing the effects of monkfish fishing on EFH: The prohibition 
on otter trawl roller gear greater than 6 inches (15.2 cm) in diameter, 
and the closures of Lydonia and Oceanographer canyons. The specifics of 
the canyon closures are addressed in the response to the previous 
comment, and are not repeated here. The roller gear restriction is 
expressly intended to prevent monkfish trawl vessels from fishing in 
areas containing vulnerable complex habitat, such as gravel habitat. 
Therefore, although Amendment 2 does not contain measures to close 
identified areas of gravel habitat and juvenile cod EFH, the roller 
gear restriction being implemented in this amendment will have the 
effect of limiting trawl fishing in all areas where complex habitats 
occur. The NEFMC's upcoming Omnibus Habitat Amendment will continue to 
take a comprehensive approach toward protection of vulnerable habitat, 
such as gravel habitat.
    Comment 5: Two individuals provided specific comments on the 
proposal to allow vessel owners a one-time opportunity to modify their 
monkfish vessel's baseline. One commentor supports the measure, while 
the other feels that the baseline issue would be better handled across 
all FMPs at one time, versus in each individual FMP. The individual 
opposing these measures commented that allowing vessel owners to change 
their vessel's baseline specifications on a piece-meal basis only adds 
confusion to those with more than one limited access permit, does not 
resolve the issue of multiple baselines in other fisheries, and could 
have tremendous ramifications on the fishing capacity of the fleet. 
Further, this individual recommended that the NEFMC's Capacity 
Committee work with the fishing industry, and staff from the Councils 
and NMFS, to develop recommendations on how to address the issue of 
multiple baselines.
    Response: In the proposed rule for Amendment 2, NMFS highlighted 
the monkfish vessel baseline modification measure for public comment 
due to the concern that this measure would not address the larger issue 
of multiple vessel baselines across all limited access fisheries. As 
discussed in the preamble to this final rule, NMFS is disapproving this 
measure on the grounds that it does not comply with National Standard 7 
of the Magnuson-Stevens Act.
    Comment 6: Two commentors expressed concern with the measure to 
reduce the minimum fish size in the SFMA. Both individuals feel that 
this measure is a step backwards in management that would impact the 
sustainability of monkfish stocks, and stated that gear modifications 
such as an increase in the minimum mesh size should be used to prevent 
the harvest of immature fish, and prevent bycatch and discards. One of 
the commentors added that the smaller minimum fish size would also have 
an effect on the market price since the influx of smaller, cheaper fish 
would drive down the price of monkfish.
    Response: Minimum fish size regulations have been widely used in 
FMPs on the basis that they discourage the targeting of small fish, and 
increase yield-per-recruit if successfully linked to gear with 
appropriate size-selectivity. Monkfish limited access trawl vessels 
that are fishing under a combined monkfish/multispecies DAS are 
authorized to use the minimum regulated mesh size authorized under the 
NE Multispecies FMP. As a result, these vessels already catch monkfish 
smaller than the current minimum fish size of 14 inches (35.6 cm) tail 
length. Until there is sufficient information linking trawl mesh size 
to the size of monkfish retained, the Councils determined that it is 
important to minimize the regulatory discards associated with vessels 
targeting monkfish using minimum regulated groundfish mesh. A reduction 
in the minimum fish size for the SFMA, while keeping the minimum mesh 
size requirements constant, will have the effect of converting some 
monkfish discards to landings and reducing monkfish bycatch (regulatory 
discards), without changing the yield-per-recruit or promoting the 
targeting of small fish since vessels likely catch the smaller fish 
under current measures. In addition, a uniform minimum size limit for 
both management areas reduces FMP complexity, making this management 
measure more enforceable and less confusing to the fishing industry. 
Further, allowing vessels to land monkfish that would otherwise have 
been discarded, due to a larger minimum size limit, will improve the 
catch data used in the stock assessment and management process.
    The response to the portion of the comment concerning the effect of 
a smaller minimum fish size on market price is contained in the FRFA 
section of this rule.
    Comment 7: One commentor stated that Amendment 2 fails to consider 
any alternatives to improve bycatch reporting methodology, including 
alternatives to increase mandatory observer coverage.
    Response: Although there is a bycatch reporting methodology in 
place for the Monkfish FMP, NMFS is rejecting the Councils' 
determination and analysis with respect to the bycatch reporting 
methodology contained in Amendment 2, and is sending that portion of 
Amendment 2 back to the Councils for further consideration, 
development, and analysis in light of concerns raised in a recent 
Federal court decision in Oceana v. Evans. In Oceana v. Evans, the 
Court concluded that the bycatch reporting methodology provisions 
contained of Amendment 13 did not satisfy the requirements of the 
Magnuson-Stevens Act because they fail to fully evaluate reporting 
methodologies to assess bycatch, they do not mandate a standardized 
reporting methodology, including minimum levels of observer coverage, 
and they fail to respond to potentially important scientific evidence 
involving accuracy versus precision in determining appropriate levels 
of observer coverage. Because the monkfish fishery largely overlaps 
with the NE multispecies fishery, the Amendment 2 bycatch reporting 
methodology heavily relies on, and is set forth in a manner similar, to 
the bycatch reporting methodology in the NE Multispecies FMP. Thus, in 
light of the concerns raised in the Oceana decision about bycatch 
reporting methodology contained in Amendment 13 to the Multispecies 
FMP, NMFS has concluded that Amendment 2 does not adequately comply 
with the required provision in the Magnuson-Stevens Act to establish a 
bycatch reporting methodology.
    Rejecting the bycatch reporting methodology contained in Amendment 
2 does not vitiate the partial approval of other measures. As stated by 
the Court

[[Page 21934]]

in Oceana v. Evans in rejecting an analogous section in Amendment 13, 
the bycatch reporting methodology ``is severable from the balance of 
the Amendment,'' and, `` no purpose would be served by vacating other 
parts of the FMP, and such an approach would be unnecessarily 
disruptive.'' The partially approved measures in Amendment 2 implement 
improvements to the protection of EFH, minimize bycatch, and provide 
additional benefits to the fishing industry. To prevent their 
implementation, while awaiting a revised bycatch reporting methodology, 
would unnecessarily deny the environment and monkfish fishery the 
benefits of Amendment 2. Moreover, the Monkfish FMP does include a 
bycatch reporting methodology, that will be in place during the period 
when the Councils further consider the methodology in light of concerns 
raised in the decision in Oceana v. Evans.
    Comment 8: The same individual that commented on bycatch reporting 
methodology also stated that Amendment 2 fails to provide adequate 
measures to minimize bycatch and the unavoidable mortality of bycatch. 
This includes the bycatch of undersized monkfish and non-target 
species, including marine mammals and sea turtles.
    Response: National Standard 9 requires bycatch and bycatch 
mortality to be minimized to the extent practicable. The National 
Standard Guidelines place special emphasis on the minimization of 
bycatch, and provide specific guidance for evaluating conservation and 
management measures relative to National Standard 9 and other national 
standards, including specific guidance on assessing practicability. The 
National Standard Guidelines suggest that a practicability 
determination consider several factors including, but not limited to, 
population effects for bycatch species; ecological effects resulting 
from changes in the bycatch of that species; changes in the bycatch of 
other species; effects on marine mammals and birds; changes in fishing, 
processing, disposal, and marketing costs; changes in fishing practices 
and behavior; changes in research and other administrative costs; and 
changes in the social and cultural values of the fishing activities. 
However, this type of information is not available for the monkfish 
fishery. In fact, most of the bycatch information currently collected 
reported by NMFS is based on broad gear categories such as otter trawl, 
scallop dredge, gillnet greater than 10 inches (25.4 cm), and gillnet 
less than 10 inches (25.4 cm) (see Section 5.3.5 of the FSEIS). 
Furthermore, there is little information with which to estimate the 
impacts of specific management measures on bycatch outside of a few 
gear studies, most of which have focused on bycatch in the NE 
multispecies fishery. As a result, the discussion of the biological 
impacts associated with the bycatch specific measures contained in 
Amendment 2 is qualitative, but clearly describes how the specific 
measures (reduction in minimum fish size and increase in incidental 
catch limits) will have the effect of converting to landings, fish that 
would otherwise be discarded.
    NMFS supports the bycatch measures contained in Amendment 2, and 
has determined that these incremental measures, in addition to 
conservation and bycatch measures already in place in the Monkfish FMP 
and the NE Multispecies FMP, which largely overlap with the monkfish 
fishery, as well as FMPs for other fisheries that catch monkfish, are 
appropriate to reduce bycatch to the extent practicable given what is 
known about the interaction of the monkfish fishery with both target 
and non-target species, including marine mammals and sea turtles. 
Amendment 2 contains several new measures aimed at reducing bycatch in 
the monkfish fishery including a combined research DAS set-aside and 
DAS exemption program. The purpose of this program is to encourage the 
collection of much needed information on the monkfish fishery, 
including information on bycatch. The information obtained from such 
research activities can then be used to develop scientifically sound 
bycatch reduction measures for the monkfish fishery. Amendment 2 also 
contains measures that will have the effect of further reducing 
regulatory discards, as well as the potential bycatch of deep-water 
corals. These measures consist of modifications to incidental catch 
limits, a reduction in the minimum fish size for the SFMA, and the 
closure of two canyon areas where deep-water corals are known to occur. 
The report of the 34th Stock Assessment Workshop (SAW 34) noted that 
the most frequent reason for discarding monkfish in the trawl and 
scallop fisheries was because the fish were too small, either for the 
market or due to regulations. As discussed in the response to Comment 
6, more information is needed concerning the relationship between mesh 
size and the size of monkfish retained in the fishery. Thus, a 
reduction in the minimum fish size will serve to convert the discard of 
some small monkfish to landings, addressing the bycatch of small 
monkfish to some extent, until much needed information concerning the 
relationship between minimum fish size and minimum mesh size can be 
obtained and utilized in the management process.
    With respect to the bycatch of marine mammals, which are not 
subject to the Magnuson-Stevens Act bycatch reduction mandates, and 
bycatch of sea turtles, sections 2.8 and 6.6.6.2 of the FSEIS describe 
the management measures currently in effect, or that are being 
developed to reduce the bycatch of marine mammals and sea turtles in 
the monkfish fishery. These management measures have been taken under 
the authority of the Marine Mammal Protection Act (MMPA) and/or the 
Endangered Species Act (ESA), and, therefore, take a more comprehensive 
approach to minimizing bycatch of marine mammals and sea turtles than 
can be accomplished under the Monkfish FMP alone. Given the limited 
information about bycatch of protected species, the measures in place 
under the ESA, the MMPA, and the Monkfish and NE Multispecies FMPs have 
been determined to reduce the potential bycatch of protected species to 
the extent practicable. For all of the reasons discussed above, NMFS 
has determined that the measures contained in Amendment 2 minimize 
bycatch and the unavoidable mortality of bycatch in the monkfish 
fishery to the extent practicable, in accordance with the guidelines 
for assessing practicability found at 50 CFR 600.350(d)(3), when viewed 
in combination with existing measures in the Monkfish and NE 
Multispecies FMPs, measures in the FMPs for other fisheries which catch 
monkfish, and specific ESA and MMPA regulations.

Changes from the Proposed Rule

    NMFS has made one substantive change to the proposed rule resulting 
from the disapproval of one of the Councils' preferred alternatives. In 
addition to editorial changes, NMFS has also made some minor changes to 
the proposed rule that are technical or administrative in nature, and 
that clarify or otherwise enhance enforcement and administration of the 
fishery management program. The one substantive change is listed below, 
with the minor technical or administrative changes following in the 
order in which they appear in the regulations.
    In Sec.  648.4, the proposed revision to paragraph (a)(9)(i)(H) has 
been removed to reflect the disapproval of the vessel baseline 
modification measure contained in Amendment 2, as described in the 
preamble of this final rule.

[[Page 21935]]

    In Sec.  648.4(a)(9)(i)(A)(5), the annual declaration requirement 
for vessels participating in the Offshore Fishery Program in the SFMA, 
has been modified to provide owners of limited access monkfish vessels 
with the opportunity to change their vessel's monkfish permit category 
within 45 days of the effective date of the vessel's permit, regardless 
of the fishing year. The preamble and the regulatory text of the 
January 14, 2005, proposed rule (70 FR 2586) stated that vessel owners 
would be given only one opportunity to change their vessel's permit 
category to a Category F permit within 45 days of the effective date of 
Amendment 2. However, upon further consideration, and to be consistent 
with a similar provision for vessels holding limited access NE 
multispecies permits specified at Sec.  648.4(a)(1)(i)(I)(2), NMFS has 
decided to modify the more restrictive permit category change 
requirement contained in the Amendment 2 proposed rule to provide 
vessel owners with the ability to change their vessel's limited access 
monkfish permit category within 45 days of the effective date of the 
vessel's permit in any fishing year, as long as the vessel has not 
fished under a monkfish DAS during that fishing year. This change will 
provide owners of limited access monkfish vessels with the same 
flexibility provided to owners of limited access NE multispecies 
vessels. The first sentence of this paragraph was also modified 
slightly to begin, ``To fish in the Offshore Fishery Program, as 
described under Sec.  648.95, vessels must apply...''.
    In Sec.  648.4(a)(9)(i)(A)(7), the phrase ``vessels fishing only 
south of 38[deg]20' N. lat.'' contained in the introductory text has 
been modified to read ``vessels restricted to fishing south of 
38[deg]20' N. lat.'' in order to be consistent with the introductory 
text of Sec.  648.4(a)(9)(i)(A)(6).
    In Sec.  648.4, paragraph (a)(9)(i)(E)(4) has been added to address 
the issue of replacement vessels involved with qualifying for the new 
limited access Category G and H permits. This paragraph is similar to 
Sec.  648.4(a)(9)(i)(E)(3) which addressed the same issue with respect 
to vessels qualifying for a limited access monkfish permit under the 
original FMP.
    In Sec.  648.4, paragraph (a)(9)(i)(N)(3) has been modified to 
reflect that a vessel's LOA will become invalid 5 days after receipt of 
the notice of denial, but no later than 10 days from the date of the 
denial letter, and that the RA's decision on the appeal is the final 
decision of the Department of Commerce.
    In Sec.  648.9(c)(1), the cross-reference to Sec.  648.58(h) has 
been corrected to read Sec.  648.60(f). The change to this cross-
reference was inadvertently omitted from the final rule implementing 
Amendment 10 to the Atlantic Sea Scallop FMP (69 FR 35194, June 23, 
2004). In addition, a reference to paragraph Sec.  648.95(e)(4) has 
been added to paragraph (c)(1) in order to cross-reference the VMS 
requirements for limited access monkfish Category F vessels, since 
these vessels are only required to have an operational VMS during a 
specified season.
    In Sec.  648.9, the proposed changes to paragraph (c)(2)(i) have 
been eliminated since the exception for monkfish limited access 
Category F vessels (i.e., the VMS requirement is limited to a specific 
season) has been cross-referenced under paragraph (c)(1) of this 
section.
    In Sec.  648.10, the paragraph (b)(v) has been removed since it 
duplicates the preceding paragraph (b)(iv). This paragraph should have 
been deleted in the final rule implementing Amendment 10 to the 
Atlantic Sea Scallop FMP.
    In Sec.  648.10(c)(1), the cross-reference to (c)(6) is corrected 
to read (b)(2)(iii). This cross-reference was incorrectly contained in 
the final rule implementing Amendment 13 to the NE Multispecies FMP (69 
FR 22906, April 27, 2004).
    In Sec.  648.10(c)(3), the cross-reference to (b)(2)(iv) is 
corrected to read (b)(2)(iii). This cross-reference should have been 
updated in the final rule implementing Amendment 10 to the Atlantic Sea 
Scallop FMP.
    In Sec.  648.92(b)(1)(iv), the first sentence has been modified for 
clarity to begin, ``A total of 500 DAS will be set aside and made 
available...''.
    In Sec.  648.92, paragraph (c)(1)(ii)(B) has been clarified to 
reflect the role of the RA in the approval of projects for the DAS set-
aside program.
    In Sec.  648.92, the last sentence of paragraph (c)(1)(v) has been 
modified to reflect that the RA will publish a notice in the Federal 
Register notifying the public of the reallocation of unused research 
DAS as exempted DAS. A sentence was also added to this paragraph 
clarifying that any unused research DAS may not be carried over in to 
the next fishing year.
    In Sec.  648.94, paragraph (b)(4) has been modified to include 
Category F, G, and H, vessels.
    In Sec.  648.94, paragraph (c)(2) has been modified to remove the 
reference to Category G and H vessels, since these vessels have been 
included in the possession limit for scallop vessels fishing under a 
scallop DAS specified at Sec.  648.94(b)(2).
    In Sec.  648.94, paragraphs (c)(3), (c)(4), and (c)(6) were 
clarified to indicate that the incidental catch limits for vessels not 
fishing under a DAS are applicable to vessels holding either a monkfish 
incidental catch permit or a limited access permit.
    In Sec.  648.94, paragraphs (c)(4)-(c)(8), concerning the maximum 
trip limit of 150 lb (68 kg), are clarified to reflect that this 
represents tail weight, and the whole weight equivalent of 498 lb (226 
kg) is added.
    In Sec.  648.94, paragraph (c)(8) has been revised to clarify the 
Councils' intent to include limited access scallop vessels not fishing 
under a scallop DAS since these vessels are authorized to fish under 
the same rules as General Category vessels when not fishing under a 
scallop DAS, as specified under Sec.  648.52(a).
    In Sec.  648.94, paragraph (e) is modified to reflect that monkfish 
vessels declared in to the NFMA may transit the SFMA as long as they do 
not harvest or possess monkfish, or any other fish, from the SFMA. This 
change is being made to make this paragraph consistent with the changes 
made to paragraph (f) of this section in contained in Framework 
Adjustment 2 to the FMP (68 FR 22325, April 28, 2003).
    In Sec.  648.95(b), the annual declaration requirement for vessels 
participating in the Offshore Fishery Program in the SFMA has been 
modified to provide owners of limited access monkfish vessels with the 
opportunity to change their vessel's monkfish permit category within 45 
days of the effective date of the vessel's permit, regardless of the 
fishing year. This modification is being made to reflect similar 
changes made under Sec.  648.4(a)(9)(i)(A)(5). In addition, the first 
sentence of this paragraph has been modified to read, ``To fish in the 
Offshore Fishery Program, a vessel must be issued a monkfish limited 
access Category F permit...''.
    In Sec.  648.95, paragraph (e)(4) has been modified to clarify that 
monkfish limited access Category F vessels are only required to have an 
operational VMS unit during the designated season for the Offshore 
Fishery Program, and that these vessels may turn off their VMS units 
outside of this season unless otherwise required under the VMS 
notification requirements specified at Sec.  648.10(b)(1).
    In Sec.  648.95, paragraph (g)(2) has been modified to more clearly 
reflect how the monkfish DAS allocations for vessels issued a monkfish 
limited access Category F permit will be adjusted.
    In Sec.  648.97(b), the title of the closure area has been modified 
to correctly reference the Lydonia Canyon Closure

[[Page 21936]]

Area. The title of this closure area was incorrectly referenced as the 
Oceanographer Canyon Closure Area in the proposed rule. In addition, 
the reference for the fifth coordinate point for the Lydonia Canyon 
Closure Area is modified to be LC5. The proposed rule incorrectly 
listed this coordinate point reference as LC1.
    Pursuant to the Paperwork Reduction Act (PRA), part 902 of title 15 
CFR displays control numbers assigned to NMFS information collection 
requirements by OMB. This part fulfills the requirements of section 
3506(c)(1)(B)(i) of the PRA, which requires that agencies display a 
current control number, assigned by the Director of OMB, for each 
agency information collection requirement. This final rule codifies OMB 
Control Number 0648-0202 for Sec.  648.95.

Classification

    The Administrator, Northeast Region, NMFS, determined that the FMP 
amendment implemented by this rule is necessary for the conservation 
and management of the monkfish fishery, and that it is consistent with 
the Magnuson-Stevens Act and other applicable laws.
    There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day 
delayed effectiveness of this rule. This final rule has been delayed 
due to that fact that NMFS solicited additional public comment on the 
proposed rule due to an error contained in the preamble concerning the 
qualification period for the modified limited entry program. In order 
to alleviate confusion concerning the qualification period for the 
modified limited entry program, NMFS re-opened the public comment 
period for a period of 10 days on February 24, 2005 (70 FR 9029), with 
the public comment period ending on March 7, 2005.
    It is essential that the Offshore Fishery Program be implemented by 
the start of FY 2005 on May 1, 2005, because this management measure 
impacts the annual monkfish DAS allocations for vessels that 
participate in the program. In fact, the regulations implementing this 
management measure require vessels to participate in the Offshore 
Fishery Program for the entire fishing year due to the impact on a 
vessel's DAS allocation. If the program were implemented after the 
start of the fishing year, vessels intending to participate in the 
program would be unable to fish under a monkfish DAS until the program 
became effective. In addition, vessels intending to participate in the 
program that fish under a monkfish DAS, under their standard limited 
access permit category (i.e., Category A, B, C or D), prior to the 
implementation of the program would be prohibited from participating in 
the Offshore Fishery Program during FY 2005. In both cases, the 
inability to fish would result in revenue loss, to some extent. Vessels 
that do not fish under a monkfish DAS until the Offshore Fishery 
Program is implemented would incur revenue losses resulting from the 
lost fishing time. On the other hand, vessels that are unable to 
participate in the Offshore Fishery Program because they fished under a 
monkfish DAS prior to the implementation of this program, would not be 
able to take advantage of the economic benefits of the program during 
FY 2005, forgoing potential fishing opportunities.
    Because the Offshore Fishery Program must be implemented at the 
start of the fishing year, the Lydonia and Oceanographer Canyon closure 
areas must also be implemented at the start of the fishing year in 
order for their role as EFH protection measures to be effective. The 
purpose of the canyon closure areas is to minimize, to the extent 
practicable, the impacts to EFH resulting from the anticipated 
expansion of an offshore monkfish fishery under the Offshore Fishery 
Program. The closure areas are intended to be pre-emptive due to the 
long time-period it takes the vulnerable habitat contained within these 
areas to recover from the effects of fishing activities. Thus, the 
benefits of protecting vulnerable EFH, including deep-water coral 
habitat, located within the Lydonia and Oceanographer Canyon closure 
areas would be foregone if these canyon closure areas are not 
implemented in conjunction with the Offshore Fishery Program.
    The remaining management measures contained in this rule will 
impose little to no additional regulatory burden, nor do they require 
additional time for vessels to come into compliance. The measures to 
reduce the monkfish minimum fish size for the SFMA, increase the 
incidental catch limits for vessels not fishing under a DAS program, 
and remove the 20-day block requirement for category A and B vessels 
would alleviate economic burden by increasing fishing opportunities by 
enabling vessels to land fish that would otherwise be discarded, or by 
enabling vessels to fish when they would otherwise be unable to fish. 
Furthermore, the three regulatory changes being made in this final rule 
correct errors in the monkfish regulations as described in the preamble 
of this final rule. These regulatory changes either increase economic 
opportunities to vessels by increasing the amount of monkfish a vessel 
can land, or have no actual effect since they simply clarify existing 
regulations. To delay the implementation of these measures and 
regulatory changes would cause undue economic harm. In addition, 
delaying the implementation of these measures, while implementing other 
measures on May 1, 2005, would cause confusion among members of the 
fishing industry, and impede enforcement of the new measures. Finally, 
the measure to restrict the size of roller gear that can be used by 
monkfish trawl vessels to 6-inches in diameter would impose an 
additional restriction on these vessels, but would result in little to 
no economic harm since monkfish trawl vessels that fish in the SFMA 
already use gear that complies with this new restriction. The purpose 
of this measure is to prevent monkfish trawl vessels from using larger 
roller gear, which would enable them to fish in areas containing 
complex bottom habitat that have been determined to be vulnerable to 
the effects of trawl fishing activities. Thus, implementing this 
measure on May 1, 2005, in conjunction with the other management 
measures contained in this amendment would provide immediate 
environmental benefits with little to no economic harm. Therefore, to 
delay the effective date of these regulations would unnecessarily forgo 
substantial environmental benefits, and significant economic benefits 
to the affected public, with little or no purpose served by the delay. 
Accordingly, there is good cause under 5 U.S.C. 553(d)(3) to establish 
an effective date that is less than 30 days after the date of 
publication if this final rule.
    The Council prepared an FSEIS for this FMP amendment. The FSEIS was 
filed with the Environmental Protection Agency on January 7, 2005. A 
notice of availability was published in the Federal Register on January 
14, 2005 (70 FR 2630). Through the FSEIS, NMFS has analyzed project 
alternatives, associated environmental impacts, the extent to which 
these impacts could be mitigated, and has considered the objectives of 
the proposed action in light of statutory mandates, including the 
Magnuson-Stevens Act. NMFS has also considered public and agency 
comments received during the EIS review periods. In balancing the 
analysis and public interest, NMFS has decided to partially approve the 
Council's preferred alternative. NMFS also concludes that all 
practicable means to avoid, minimize, or compensate for environmental 
harm from the proposed action have been adopted. In partially approving

[[Page 21937]]

Amendment 2 on March 30, 2005, NMFS issued a ROD identifying the 
selected alternative. A copy of the ROD is available from NMFS (see 
ADDRESSES).
    This final rule has been determined not to be significant for 
purposes of Executive Order 12866.

Final Regulatory Flexibility Analysis

    This section constitutes the FRFA, which NMFS, pursuant to section 
604 of the Regulatory Flexibility Act (RFA), has prepared in support of 
Amendment 2 to the FMP. The FRFA describes the economic impact that 
this final rule will have on small entities. This FRFA incorporates the 
IRFA, comments on the proposed rule, NMFS's responses to those 
comments, and the analyses completed to support the action. There are 
no Federal rules that may duplicate, overlap, or conflict with this 
final rule. A copy of the IRFA is available from the NEFMC (see 
ADDRESSES).
    A description of the reasons why action by the agency is being 
taken, and the objectives of, and legal basis for, this action is 
contained in the preambles to the proposed (January 14, 2005; 70 FR 
2586) and final rules, and is not repeated here. This action is taken 
under the authority of the Magnuson-Stevens Act and regulations at 50 
CFR part 648.
    NMFS has disapproved the management measure that would have 
provided owners of limited access monkfish vessels with a one-time 
opportunity to reset their vessel's baseline characteristics to be 
those associated with the vessel's first Federal limited access permit. 
This management measure has been disapproved because NMFS determined it 
does not comply with the National Standard 7 of the Magnuson-Stevens 
Act. A complete discussion of the reasons why this measure was 
disapproved is provided in the preamble of this rule.

Description and Estimate of the Number of Small Entities to Which the 
Final Rule Will Apply

    All of the entities (fishing vessels) affected by this action are 
considered small entities under the Small Business Administration's 
size standards for small fishing businesses (less than $3.5 million in 
gross sales) and, therefore, the analysis of alternatives to minimize 
impacts in Amendment 2 also applies to this FRFA. This final rule will 
affect all Federal monkfish permit holders. For FY 2001, the year used 
as the basis for the analysis, there were 723 vessels holding limited 
access monkfish permits, and 1,977 vessels holding incidental catch 
permits. As of January 27, 2005, there were 713 vessels holding limited 
access monkfish permits, and 2,057 vessels holding monkfish incidental 
catch permits. The difference between the number of vessels holding 
limited access monkfish permits during FY 2001 versus during FY 2004 is 
primarily the result of vessel replacements and permits being moved 
into Confirmation of Permit History. Furthermore, the modified limited 
entry program for vessels fishing in the southern range of the fishery 
contained in this final rule is estimated to affect five vessels.

Description of the Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

Reporting and Recordkeeping Requirements

    The measures approved 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 the modified limited entry program for vessels fishing 
south of 38[deg]20' N. lat.; (7) renewal of limited access monkfish 
permit (Category G or H) under the modified limited entry program for 
vessels fishing south of 38[deg]20' N. lat.; (8) appeal of the denial 
of a limited access monkfish permit (Category G or H) under the 
modified limited entry 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 for new monkfish limited access vessels; (15) 
requests for additional gillnet tags for new monkfish limited access 
vessels; (16) notification of lost tags and request for replacement 
tags for new limited access vessels; and (17) requests for an LOA to 
fish for monkfish in NAFO Regulatory Area under the proposed exemption 
program. Additional information regarding the projected reporting or 
recordkeeping costs associated with this action was made available for 
review in NMFS's PRA submission to OMB on March 3, 2005.

Other Compliance Requirements

    All vessels participating in the Offshore Fishery Program will be 
required to 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. Thus, only 25 additional limited access monkfish 
vessels are expected to be required to purchase a VMS in order to 
participate in the Offshore Fishery Program being implemented in 
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 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 will 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 will be a maximum of $64 
(i.e., $192 every 3 years).

[[Page 21938]]

A Summary of the Significant Issues Raised by the Public in Response to 
the IRFA, a Summary of the Agency's Assessment of Such Issues, and a 
Statement of Any Changes Made in the Proposed Rule as a Result of Such 
Comments

    NMFS received a total of 15 public comments on Amendment 2 and its 
proposed rule. None of the comments received were specific to the IRFA. 
However, one comment indirectly dealt with the economic impacts to 
small entities (vessels) resulting from the management measures 
presented in the proposed rule to implement Amendment 2. That comment 
and NMFS's response follow:
    Comment: One commentor stated that the reduction in the monkfish 
minimum size limit for the SFMA could lead to a reduction in the price 
of monkfish due to vessels landing increased quantities of smaller 
fish.
    Response: Since monkfish is marketed by size category, it is 
possible that an increase in landings of smaller monkfish could lead to 
a reduction in the ex-vessel price for those size classes. However, it 
is not possible to predict changes in ex-vessel price because the 
monkfish market is international, with the majority of monkfish caught 
in U.S. waters exported to foreign countries. Therefore, ex-vessel 
price is primarily determined by foreign demand as well as landings in 
those countries. Furthermore, a decrease in ex-vessel price may not 
equate to a reduction in revenues since total revenues are dependant on 
the amount of monkfish landed and an increase in the amount of small 
monkfish landed (fish that otherwise would have to have been discarded) 
may offset any decrease in ex-vessel price.
    The economic analysis of the reduction in the monkfish minimum size 
limit for the SFMA contained in Section 6.4.1.2 of the FSEIS states 
that this measure will increase economic opportunities for vessels 
fishing in the SFMA because vessels will be allowed to land fish that 
would otherwise be discarded. Without detailed information on the size 
distribution of the commercial catch in both management areas, it is 
difficult to determine the extent of any economic benefits resulting 
from the increased economic opportunity. Similarly, without an 
understanding of the commercial size distribution under current 
regulations, it is difficult to assess the impact of the reduction in 
minimum fish size on ex-vessel price.

Description of Actions Taken to Minimize the Significant Economic 
Impact on Small Entities

    Nearly all of the management measures being implemented in this 
final rule provide increased economic opportunity and/or reduce the 
regulatory burden on vessels fishing for monkfish. A discussion of 
these measures is provided in the following paragraphs. Conversely, the 
measures to minimize the effects of monkfish fishing on EFH are 
expected to have some negative economic impact. The measure to 
establish a 6-inch (15.2-cm) maximum roller gear diameter for trawl 
vessels fishing under a monkfish DAS in the SFMA could have a short-
term negative economic impact on some vessels since vessels using non-
conforming gear will be required to bear the cost of making the 
necessary changes. According to individuals in the fishing industry, 
this roller gear diameter is already used by most vessels fishing in 
the SFMA, thus reducing the potential impact. The economic effect of 
closing Lyndonia and Oceanographer Canyons to vessels fishing under a 
monkfish DAS is expected to be zero based upon Vessel Trip Report (VTR) 
data for calendar years 1999 and 2001 which showed that no trips took 
place in either of these closure areas. The non-preferred EFH 
alternative to close up to 12 large, steep-walled canyons would have 
affected between 2 and 24 trips according to 2001 VTR data. Therefore, 
this non-preferred alternative would have been more burdensome than the 
selected closure alternative.
    The measures to modify monkfish incidental catch limits that are 
being implemented in Amendment 2 will provide increased economic 
opportunities since they would enable vessels to land a higher 
incidental catch of monkfish than previously authorized, or in the case 
of General Category scallop vessels and surfclam and ocean quahog 
vessels, to land a small incidental catch of monkfish when it was 
previously prohibited. The no-action alternatives, i.e., not modifying 
the incidental catch limits, would have been more burdensome since the 
prohibition on retaining monkfish with dredge gear for General Category 
scallop vessels and surfclam and ocean quahog vessels would have 
remained in effect, and the incidental catch limits for other vessels 
would have remained at 50 lb (23 kg) tail weight per trip. The other 
non-preferred alternative to increase the maximum possession limit to 
500 lb (230 kg), versus a maximum of 150 lb (68 kg) under the preferred 
alternative, would not have affected the total number of potential 
vessels that may benefit from the increased incidental catch limit, but 
would have enabled vessels to retain more monkfish during trips longer 
than 3 days in duration. Thus, this alternative could have resulted in 
slightly greater economic benefits (an average of $2,900 for each of 
the 112 affected vessels) in comparison to the preferred alternative. 
The Councils chose not to select this alternative due to a lack of 
evidence that the monkfish bycatch problem would not be fully addressed 
by a maximum possession limit of 150 lb (68 kg), and due to concerns 
that a higher maximum possession limit would encourage vessels to 
target monkfish.
    The measure to reduce the monkfish minimum size limit for vessels 
fishing in the SFMA will enable vessels that fish in this area to land 
monkfish that were previously discarded. Thus, not only does this 
measure reduce the regulatory burden on vessels that fish in the SFMA, 
it provides increased economic opportunity. The other non-preferred 
alternative would have decreased the minimum size in both management 
areas to 10 inches (25.4 cm) tail length. This alternative would have 
resulted in increased economic opportunities for vessels fishing in 
both management areas, with a potentially greater economic benefit to 
vessels fishing in the SFMA. Although this alternative would have 
likely resulted in greater economic benefits than the preferred 
alternative, the Councils chose not to select this alternative due to 
concerns expressed by the Councils and fishing industry regarding the 
impact of a reduction in the minimum fish size on the monkfish 
resource, and the creation of incentives for vessels to target smaller 
monkfish. The no action alternative would have been more burdensome 
since it would have retained the larger minimum fish size for vessels 
fishing in the SFMA of 14 inches (35.6 cm) tail length, however, the 
elimination of the minimum fish size would have been the least 
burdensome. The Councils chose not to eliminate the minimum fish size 
due to concerns that this would encourage vessels to target small 
monkfish.
    The proposal to remove the 20-day spawning block will result in a 
reduction in regulatory burden compared to current requirements for 
limited access monkfish Category A and B vessels. Furthermore, the 
removal of this requirement will provide these vessels with greater 
flexibility in choosing when they want to fish for monkfish. The non-
preferred alternative would have doubled the current 20-day spawning 
block to 40 days. This

[[Page 21939]]

alternative would have placed a greater burden on trip scheduling and 
planning, and therefore is considered more burdensome than either the 
no-action or the preferred alternative.
    The Offshore Fishery Program in the SFMA and the NAFO Regulated 
Area Exemption Program both provide vessels with increased opportunity 
to target monkfish in offshore areas. The Offshore Fishery Program will 
allow vessels that participate in the program to use their available 
fishing time more efficiently by effectively increasing the amount of 
monkfish that the vessel could retain per DAS. Furthermore, because 
vessels that participate in the Offshore Fishery Program will use fewer 
total DAS, operational costs will be reduced potentially resulting in 
higher profitability in comparison to the no action alternative. The 
NAFO Regulatory Area Exemption Program will relieve vessels fishing for 
monkfish in the NAFO Regulatory Area from Federal monkfish regulations 
within the EEZ. The economic benefit of this exemption program, in 
comparison to the no action alternative, cannot be estimated since the 
extent that current regulations inhibit the ability of vessels to fish 
for monkfish in the NAFO Regulatory Area is unknown. However, the 
reduction in regulatory burden resulting from the implementation of 
this exemption program has a potential positive economic impact, in 
comparison to the no action alternative, since monkfish regulations in 
the EEZ are more restrictive than NAFO measures.
    The modification of the monkfish limited entry program to include 
vessels fishing south of 38[deg]20' N. lat. will restore economic 
opportunities to some vessels that fished for monkfish in Federal 
waters prior to the implementation of FMP, but did not qualify for a 
limited access permit under the original criteria established in the 
FMP. Preliminary estimates indicate that five vessels will qualify for 
a limited access permit under the modified limited entry program. Thus, 
in comparison to the no action alternative, the proposed action will 
increase economic opportunities resulting in economic benefits. The 
non-preferred alternatives for the modified limited entry program would 
have either increased (seven vessels under Option 1) or decreased 
(three vessels under Options 2 and 4) the number of vessels that would 
qualify for monkfish limited access permits, with commensurate economic 
benefits for the qualifying vessels. It is possible that the addition 
of the limited access vessels under the preferred or non-preferred 
alternatives could result in reduced trip limits for vessels fishing in 
the SFMA since the target TAC will be spread across a greater number of 
vessels. However, the economic impact of such a trip limit reduction 
cannot be reliably estimated at this time.
    The economic impacts of the DAS set-aside and DAS exemption 
programs will be re-distributive in nature at most. The proposed 
programs will reduce the total number of monkfish DAS allocated to the 
fleet by 500 DAS, distributing the reduction equally across all limited 
access vessels. Limited access vessels that utilize their entire annual 
monkfish DAS allocation and that do not participate in these 
cooperative research programs will be minimally impacted by the slight 
reduction (less than one) in DAS. However, these programs will provide 
increased fishing opportunities to vessels that utilize all of their 
annual monkfish DAS and participate in monkfish research activities. 
Vessels that do not utilize their full annual allotment of monkfish DAS 
will not be affected by the proposed programs.
    The new framework measures contained in Amendment 2 will result in 
no direct economic impact. The addition of transferable monkfish DAS, 
measures to minimize the impact of the monkfish fishery on endangered 
or protected species, and measures to implement bycatch reduction 
devices to the list of frameworkable measures is administrative in 
nature. The economic impact of each measure will be analyzed in the 
associated framework action implementing the measure(s).

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, a small entity compliance guide was prepared. 
The guide will be sent to all vessels issued a Federal monkfish permit 
(limited access and incidental), and to all Federal dealers issued a 
monkfish permit. In addition, copies of this final rule and guide 
(i.e., permit holder letter) are available from the Regional 
Administrator (see ADDRESSES) and are also available at the following 
web site: http://www.nmfs.gov/ro/doc/nero.html.
     This rule contains 17 new collection-of-information requirements 
subject to the PRA, which have been approved by OMB under control 
number 0648-0202. The public reporting burden for the collection-of-
information requirements includes the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection-of-information 
requirements. Send comments regarding these burden estimates or any 
other aspect of this data collection, including suggestions for 
reducing the burden, to NMFS (see ADDRESSES) and by e-mail to [email protected], or fax to (202) 395-7285.
    The new reporting requirements under OMB Control Number 0648-0202 
and the estimated time for a response are as follows:
    1. Annual declaration into the Offshore Fishery Program on initial 
vessel permit application or vessel permit renewal application, (30 
min/response);
    2. VMS purchase and installation, (1 hr/response);
    3. VMS proof of installation, (5 min/response);
    4. Automated VMS polling of vessel position once per hour while 
fishing under a monkfish DAS in the Offshore Fishery Program, (5 sec/
response);
    5. Request to power down VMS unit for a minimum of 30 days, (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., (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., (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., (2 hr/response);
    9. Application for a vessel operator permit for new limited access 
monkfish vessels, (1 hr/response);
    10. Vessel replacement or upgrade application for new limited 
access monkfish vessels, (3 hr/response);
    11. Confirmation of permit history application for new limited 
access monkfish vessels, (30 min/response);
    12. DAS reporting requirements (call-in/call-out) for new limited 
access monkfish vessels, (2 min/response);
    13. Application for Good Samaritan DAS credit for new limited 
access monkfish vessels, (30 min/response);
    14. Annual gillnet declaration and tag order request, (10 min/
response);
    15. Requests for additional gillnet tags, (2 min/response);

[[Page 21940]]

    16. Notification of lost tags and request for replacement tags, (2 
min/response); and
    17. Requests for a letter of authorization to fish for monkfish in 
the NAFO Regulatory Area under the proposed exemption program, (5 min/
response).
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to the penalty 
for failure to comply with, a collection-of-information subject to the 
requirements of the PRA, unless that collection-of-information displays 
a currently valid OMB control number.

List of Subjects

15 CFR Part 902
    Reporting and recordkeeping requirements.
50 CFR Part 648
    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: April 21, 2005.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

0
For the reasons stated in the preamble, 15 CFR part 902 is amended as 
follows:

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

0
1. The authority citation for part 902 continues to read as follows:

    Authority: 44 U.S.C. 3501 et seq.

0
2. In Sec.  902.1, the table in paragraph (b) under ``50 CFR'' is 
amended by adding a new entry to read as follows:


Sec.  902.1  OMB control numbers assigned pursuant to the paperwork 
Reduction Act

* * * * *

------------------------------------------------------------------------
                                              Current OMB control number
 CFR part or section where the information       the information (All
     collection requirement is located        numbers begin with  0648-)
------------------------------------------------------------------------
                                * * * * *
 
50 CFR                                       ...........................
                                * * * * *
648.95                                       -0202
                                * * * * *
 
------------------------------------------------------------------------


0
For the reasons stated in the preamble, 50 CFR part 648 is amended as 
follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
3. The authority citation for part 648 continues to read as follows:

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

0
4. 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.
* * * * *

0
5. In Sec.  648.4, the heading of paragraph (a)(9)(i) is revised; 
paragraphs (a)(9)(i)(B), (a)(9)(i)(M), (a)(9)(i)(N)(1), and 
(a)(9)(i)(N)(3) are revised; and paragraphs (a)(9)(i)(A)(5) through 
(a)(9)(i)(A)(7), and (a)(9)(i)(E)(4) are added to read as follows:


Sec.  648.4  Vessel permits.

    (a) * * *
    (9) * * *
    (i) Limited access monkfish permits.
    (A) * * *
    (5) Category F permit (vessels electing to participate in the 
Offshore Fishery Program). To fish in the Offshore Fishery Program, as 
described under Sec.  648.95, vessels must apply for and be issued a 
Category F permit and fish under this permit category for the entire 
fishing year. The owner of a vessel, or authorized representative, may 
change the vessel's limited access monkfish permit category within 45 
days of the effective date of the vessel's permit, provided the vessel 
has not fished under the monkfish DAS program during that fishing year. 
If such a request is not received within 45 days, the vessel owner may 
not request a change in permit category and the vessel's permit 
category will remain unchanged for the duration of the 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 at least 50,000 lb (22,680 kg) tail weight or 166,000 
lb (75,296 kg) whole weight of monkfish in the area south of 38[deg]00' 
N. lat. during the period March 15 through June 15 in the years 1995 to 
1998.
    (7) Category H 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, D, or G 
permit). The vessel landed at least 7,500 lb (3,402 kg) tail weight or 
24,900 lb (11,294 kg) whole weight of monkfish in the area south of 
38[deg]00' 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.
* * * * *
    (E) * * *
* * * * *
    (4) A vessel that replaced a vessel that fished for and landed 
monkfish between March 15 through June 15 in the years 1995 through 
1998, may use the replaced vessel's history in lieu of, or in addition 
to, such vessel's fishing history to meet the qualification criteria 
set forth in paragraphs (a)(9)(i)(A)(6) and (7) of this section, unless 
the owner of the replaced vessel retained the vessel's permit or 
fishing history, or such vessel no longer exists and was replaced by 
another vessel according to the provision of paragraph (a)(1)(i)(D) of 
this section.
* * * * *
    (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 on or before April 30, 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

[[Page 21941]]

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 on or before April 30, 
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) * * *
    (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.
* * * * *
    (3) * * *
    (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 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 letter 
authorizing temporary participation in the monkfish fishery shall 
become invalid 5 days after receipt of the notice of denial, but no 
later than 10 days from the date of the denial letter. If the appeal is 
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 issued 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).
* * * * *

0
6. In Sec.  648.9, paragraph (c)(1) introductory text is revised to 
read as follows:


Sec.  648.9  VMS requirements.

* * * * *
    (c) * * *
    (1) Except as provided in paragraph Sec.  648.95(e)(4) and 
paragraph (c)(2) of this section, or unless otherwise required by Sec.  
648.60(f) or paragraph (c)(1)(ii) of this section, all required VMS 
units must transmit a signal indicating the vessel's accurate position, 
as specified under paragraph (c)(1)(i) of this section.
* * * * *

0
7. In Sec.  648.10, paragraph (b)(2)(v) is removed, paragraphs (c)(1) 
and (c)(3) are 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 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 (b)(2)(iii) 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.
* * * * *
    (3) At the end of a vessel's trip, upon its return to port, the 
vessel owner or owner's representative must call the Regional 
Administrator and notify him/her that the trip has ended by providing 
the following information: Owner and caller name and phone number, 
vessel name, permit number, port of landing, and that the vessel has 
ended its trip. A DAS ends when the call has been received and 
confirmation has been given by the Regional Administrator, unless 
otherwise specified in paragraph (b)(2)(iii) of this section.
* * * * *

0
8. In Sec.  648.14, the introductory text 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) * * *
    (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.
* * * * *

[[Page 21942]]

    (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.
* * * * *

0
9. 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 part 
300 of this title 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 part 300 of this title 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 valid 
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.

0
10. 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).
* * * * *

0
11. 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).
* * * * *

0
12. In Sec.  648.91, paragraphs (c)(1)(ii) and (c)(1)(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. 
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 are subject to the minimum mesh size 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.

0
13. In Sec.  648.92, paragraph (b)(5) is removed and reserved, 
paragraphs (b)(1)(i), (b)(2), (b)(6), and (b)(8)(i)(B) are revised; and 
paragraphs (b)(1)(iii), (b)(1)(iv), (b)(9) and (c) are added to read as 
follows:


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 subpart F.
* * * * *
    (iii) Offshore Fishery Program DAS allocation. A vessel issued a 
Category F permit, as described in Sec.  648.95, shall be allocated a 
prorated number of DAS as specified at Sec.  648.95(g)(2).
    (iv) Research DAS set-aside. A total of 500 DAS will be set aside 
and made available for cooperative research programs as described in 
paragraph (c) of this section. These DAS will be

[[Page 21943]]

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 NE 
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 NE multispecies DAS, leased 10 of its NE 
multispecies DAS, the lessor would forfeit 3 of its monkfish DAS (40 
monkfish DAS - 37 NE 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 NE multispecies or limited 
access scallop permit are subject to the same provisions as Category C 
or D vessels, respectively, unless otherwise stated under this subpart 
F.
    (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.
    (B) The Regional Administrator shall consider each panel member's 
recommendation, provide final approval of the projects, and notify 
applicants of the grant award through written notification to the 
project proponent. The Regional Administrator may exempt selected 
vessel(s) from regulations specified in each of the respective FMPs 
throughthe exempted fishing permit (EFP) process specified under Sec.  
600.745(b)(2).
    (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 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

[[Page 21944]]

paragraph (c)(2) of this section, and provide notice of the 
reallocation of DAS in the Federal Register. Any unused research DAS 
may not be carried over into the next fishing year.
    (vi) 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 
selected 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; and
    (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.

0
14. 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 or 11 inches (27.9 cm) tail length.

0
15. In Sec.  648.94, paragraphs (b)(2)(i) through (b)(2)(iii), the 
heading of (b)(3) and paragraphs (b)(3)(i), (b)(3)(ii), (b)(4), (b)(5), 
(b)(6), (c) and (e) 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 to 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 issued a Category F, G, 
or H permit that are fishing under a NE 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 a NE 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 at any time during the trip.
    (B) Category G and H vessels. Vessels issued a Category G or H 
permit that are fishing under a NE multispecies DAS in the SFMA are 
subject to the incidental catch limit specified in paragraph (c)(1)(ii) 
of this section.
* * * * *
    (4) Category C, D, F, G, or H vessels fishing under the scallop DAS 
program. A Category C, D, F, G, or H vessel 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 for tail weight to 
whole weight of 3.32).
    (5) Category C, D, F, 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 specified under paragraphs (c)(3) through 
(c)(6) of this section.
* * * * *
    (c) Vessels issued a monkfish incidental catch permit--(1) Vessels 
fishing under a NE 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 NE 
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 purpose of converting whole weight to tail weight,

[[Page 21945]]

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 NE 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 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 DAS--
(i) A vessel issued a valid monkfish incidental catch (Category E) 
permit or a limited access monkfish permit (Category A, B, C, D, F, G, 
or H) 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.  
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 purpose 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 or a limited access monkfish permit (Category A, B, C, D, F, G, 
or H) fishing in the SNE or 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 purpose 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 DAS. A 
vessel issued a valid monkfish incidental catch (Category E) permit or 
a limited access monkfish permit (Category A, B, C, D, F, G, or H) 
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) tail weight or 498 
lb (226 kg) whole weight per trip.
    (5) Small vessels. A vessel issued a limited access NE multispecies 
small vessel category permit and a valid monkfish incidental catch 
(Category E) permit that is less than 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) tail weight or 498 lb (226 kg) whole weight per trip.
    (6) Vessels fishing with handgear. A vessel issued a valid monkfish 
incidental catch (Category E) permit or a limited access monkfish 
permit (Category A, B, C, D, F, G, or H) 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) tail weight or 498 lb (226 kg) whole weight 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) tail 
weight or 498 lb (226 kg) whole weight per trip.
    (8) Scallop vessels not fishing under a scallop DAS with dredge 
gear. A vessel issued a valid monkfish incidental catch (Category E) 
permit and a valid General Category scallop permit or a limited access 
scallop vessel not fishing under a scallop DAS, 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) tail weight or 498 lb (226 kg) whole weight per trip.
* * * * *
    (e) Transiting. A vessel that has declared into the NFMA for the 
purpose of fishing for monkfish under the less restrictive measures of 
the NFMA, may transit the SFMA provided that the vessel does not 
harvest or possess monkfish, or any other fish, from the SFMA, and the 
vessel's gear is properly stowed and not available for immediate use in 
accordance with the regulations specified under Sec.  648.23(b).
* * * * *

0
16. 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). 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 subpart 
F.
    (b) Declaration. To fish in the Offshore Fishery Program, a vessel 
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. The owner of a vessel, or 
authorized representative, may change the vessel's limited access 
monkfish permit category within 45 days of the effective date of the 
vessel's permit, provided the vessel has not fished under the monkfish 
DAS program during that fishing year. If such a request is not received 
within 45 days, the vessel owner may not request a change in permit 
category and the vessel's permit category will remain unchanged for the 
duration of the 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.

[[Page 21946]]

    (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 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) 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 (c)(1)(iii), as well as the 
other gear requirements specified in paragraphs (c)(2) and (c)(3).
    (4) 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 during the entire 
season established under paragraph (d) of this section. Unless 
otherwise required to maintain an operational VMS unit under the VMS 
notification requirements specified at Sec.  648.10(b)(1), a vessel 
issued a Category F permit may turn off its VMS unit outside of this 
season.
    (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 specified under Sec.  648.23(b).
    (g) Monkfish possession limits and DAS allocations. (1) A vessel 
issued a Category F permit may land up to 1,600 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).
    (2) The monkfish DAS allocation for vessels issued a Category F 
permit shall be equal to the trip limit applicable to the vessel's 
monkfish limited access permit category divided by the fixed daily 
possession limit specified in paragraph (g)(1) of this section, and 
then 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 divided by 1,600 lb, 
multiplied by 40 monkfish DAS equals 20 DAS). Any carryover monkfish 
DAS will be included in the calculation of monkfish DAS for Category F 
vessels.
    (3) Vessels issued a Category F permit that are fishing under a NE 
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).

0
17. 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.
* * * * *

0
18. Section 648.97 is added to subpart F 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
 
                    Point                        N. Lat.      W. Long.
 
(1) OC1                                        40[deg]10'    68[deg]12'
(2) OC2                                        40[deg]24'    68[deg]09'
(3) OC3                                        40[deg]24'    68[deg]08'
(4) OC4                                        40[deg]10'    67[deg]59'
(5) OC1                                        40[deg]10'    68[deg]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:

                       Lyndonia Canyon Closed Area
 
                      Point                         N. Lat.    W. Long.
 
(1) LC1                                           40[deg]16'  67[deg]34'
(2) LC2                                           40[deg]16'  67[deg]42'
(3) LC3                                           40[deg]20'  67[deg]43'
(4) LC4                                           40[deg]27'  67[deg]40'
(5) LC5                                             40[deg]   67[deg]38'
                                                        27'
(6) LC1                                           40[deg]16'  67[deg]34'
 

[FR Doc. 05-8450 Filed 4-26-05; 2:21 pm]
BILLING CODE 3510-22-S