[Federal Register Volume 72, Number 81 (Friday, April 27, 2007)]
[Rules and Regulations]
[Pages 20952-20960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8117]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 070312058-7087-02; I.D. 020507A]
RIN 0648-AU34


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Interim 
Secretarial Action

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

ACTION: Temporary rule; interim measures; request for comments.

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SUMMARY: NMFS implements this interim final rule pursuant to its 
authority to issue interim measures under the Magnuson-Stevens Fishery 
Conservation and Management Act

[[Page 20953]]

(Magnuson-Stevens Act). This temporary action implements measures to 
help end overfishing and rebuild the monkfish resource while NMFS 
conducts a stock assessment for the fishery and makes a final 
determination on Framework Adjustment 4 (Framework 4) to the Monkfish 
Fishery Management Plan (FMP).

DATES: Effective May 1, 2007, through October 27, 2007, or until 
superceded by another final rule, whichever occurs first. Additional 
comments on this interim action must be received by May 29, 2007.

ADDRESSES: Written comments on the interim rule may be submitted by any 
of the following methods:
     E-mail: E-mail comments on this interim rule may be 
submitted to [email protected]. Include in the subject line 
the following ``Comments on Monkfish Interim Measures.''
     Federal e-Rulemaking Portal: http://www.regulations.gov.
     Mail: Comments submitted by mail should be sent to 
Patricia A. Kurkul, Administrator, Northeast Region, NMFS (Regional 
Administrator), One Blackburn Drive, Gloucester, MA 01930-2298. Mark 
the outside of the envelope ``Comments on the Interim Rule for the 
Monkfish FMP.''
     Facsimile (fax): Comments submitted by fax should be faxed 
to (978) 281-9135.
    Copies of this interim final rule, its Regulatory Impact Review 
(RIR), Initial Regulatory Flexibility Analysis (IRFA), and the 
Environmental Assessment (EA) are available from Patricia A. Kurkul, 
Regional Administrator, NMFS, One Blackburn Drive, Gloucester, MA 
01930. The Final Regulatory Flexibility Analysis (FRFA) consists of the 
IRFA, public comments and responses, and the summary of impacts and 
alternatives contained in the Classification section of the preamble of 
this interim final rule. Copies of the small entity compliance guide 
are available from the Regional Administrator at the above address. All 
of these documents are also accessible via the Internet at http://www.nero.noaa.gov.

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

SUPPLEMENTARY INFORMATION:

Background

    This temporary final rule implements interim measures, as 
authorized by section 305 of the Magnuson-Stevens Act, intended to help 
end overfishing in the monkfish fishery and rebuild monkfish stocks in 
accordance with the rebuilding goals established in the FMP. A proposed 
rule requesting public comment on this interim action published in the 
Federal Register on March 20, 2007 (72 FR 13069). Public comments were 
accepted through April 4, 2007. A full discussion of the background of 
this interim action was presented in the preamble to the proposed rule 
and is not repeated here.
    The New England and Mid-Atlantic Fishery Management Councils 
(Councils) initiated Framework 4 during the spring of 2006, based upon 
concerns over the Framework 2 control rule (68 FR 22325; April 28, 
2003), and the status of the monkfish resource with respect to the 
rebuilding schedule established in the FMP. The objectives of Framework 
4 are: (1) Adopt a set of management measures that have a reasonable 
expectation of achieving stock rebuilding goals by the end of FY 2009; 
(2) include measures that, to the extent possible, mitigate the 
socioeconomic effects of the measures intended to rebuild the stock 
without compromising their effectiveness; and (3) develop a program 
that provides contingencies for anticipating changes in the basis for 
evaluating stock status with respect to reference points, specifically 
the transition to a new trawl survey vessel and continuation of the 
triennial cooperative survey. The Councils approved Framework 4 during 
the fall of 2006, and submitted the Framework 4 document to NMFS on 
January 11, 2007, for review and approval. A proposed rule soliciting 
public comment on the management measures contained in Framework 4 
published on March 20, 2007, in conjunction with the proposed interim 
rule, with public comments on Framework 4 accepted through April 19, 
2007.
    Due to concerns over the status of the monkfish resource and the 
fact that monkfish is in the seventh year of a 10-year rebuilding plan, 
NMFS has initiated a Stock Assessment Review Committee (SARC) and will 
hold an integrated Stock Assessment Workshop (SAW)/SARC meeting to 
perform a monkfish stock assessment. Results of the workshop are 
expected to be available in July 2007. The tasks to be performed 
include a determination of stock status relative to the existing 
biological reference points (BRPs), a review of the existing BRPs and 
potential revision or redefinition of the BRPs along with a stock 
status determination, and review and potential revision of existing 
control rules for rebuilding the stock relative to the recommended 
BRPs.
    Since the upcoming SAW/SARC will occur after the start of the 2007 
monkfish fishing year, NMFS will delay making a final decision on 
Framework 4 until after the results of the stock assessment are 
available. As such, it is necessary to implement interim management 
measures for the start of the fishing year on May 1, 2007, in 
accordance with section 305 of the Magnuson-Stevens Act, based upon the 
information and management measures contained in Framework 4. The 
purpose of the interim rule is to implement management measures to help 
end overfishing and rebuild the monkfish resource while NMFS conducts a 
thorough review of the status of the monkfish resource, using the best 
and most recent information available. NMFS will use this updated 
information to make a final determination on Framework 4 following the 
completion of this stock assessment.

Interim Management Measures for the Monkfish Fishery for FY 2007

1. Target TACs for the NFMA and SFMA

    This action establishes target TACs of 5,000 mt and 3,667 mt for 
the NFMA and SFMA, respectively, for FY 2007. The associated management 
measures contained in this interim rule (i.e., trip limits and DAS 
restrictions) are designed to achieve these annual target TACs. 
However, the target TACs and associated management measures contained 
in this interim rule can only be in effect for 180 days, but may be 
extended for up to an additional 180 days, as provided at Sec.  
600.310(e)(5).

2. DAS Requirement for the NFMA

    This action establishes measures that will require limited access 
monkfish vessels that are fishing in the NFMA to declare a monkfish DAS 
if the vessel exceeds, or is anticipating to exceed, the applicable 
monkfish incidental catch limit. All limited access monkfish vessels 
must declare their intent to fish under a monkfish DAS prior to leaving 
port. This action does not implement the provision proposed in 
Framework 4 to allow limited access monkfish vessels fishing in the 
NFMA under a Northeast multispecies Category A DAS to change their DAS 
declaration to a monkfish DAS while at sea. This proposed Framework 4 
provision is not implemented in this interim rule due to concerns that 
it may allow these limited access monkfish vessels to target monkfish 
more efficiently in this management area, increasing the likelihood 
that the target TAC would be exceeded.

[[Page 20954]]

3. Trip Limits and DAS Allocations for the NFMA

    This action establishes an annual monkfish DAS allocation of 31 DAS 
for limited access monkfish vessels fishing in the NFMA. This action 
also establishes NFMA trip limits of 1,250 lb (567 kg) tail weight per 
DAS for limited access monkfish Category A and C vessels, and 470 lb 
(213 kg) tail weight per DAS for limited access monkfish Category B and 
D vessels.

4. Trip limits and DAS Allocations for the SFMA

    This action restricts limited access monkfish vessels fishing in 
the SFMA to 12 monkfish DAS annually. Due to the difference between the 
proposed DAS allocations for the NFMA and the SFMA, this action 
established an annual allocation of 31 monkfish DAS for all limited 
access monkfish vessels, but restricts vessels to using no more than 12 
of their allocated 31 monkfish DAS in the SFMA. This action also 
establishes SFMA trip limits of 550 lb (249 kg) tail weight for limited 
access monkfish Category A, C, and G vessels; and 450 lb (204 kg) tail 
weight per DAS for limited access monkfish Category B, D, and H 
vessels. The trip limits and DAS restrictions being implemented in this 
interim rule are the same as those in effect during FY 2006.

5. Carryover DAS

    This action prohibits any unused monkfish DAS from FY 2006 from 
being used as carryover DAS during the portion of FY 2007 that this 
interim rule is in effect. The Regional Administrator may restore all 
or a portion of the carryover DAS available for FY 2007 through a 
subsequent action, if warranted, based upon the results of the July 
2007 stock assessment.

6. Monkfish Incidental Catch Limit for the NFMA

    This action reduces the monkfish incidental catch limit applicable 
to limited access monkfish vessels (Categories A, B, C, D, F, G, and H) 
and open access monkfish vessels (Category E) fishing under a NE 
multispecies DAS in the NFMA from 400 lb (181 kg) tail weight per NE 
multispecies DAS, or 50 percent of the weight of fish on board, to 300 
lb (136 kg) tail weight per DAS, or 25 percent of the weight of fish on 
board, whichever is less. The revised incidental catch limit is 
equivalent to that implemented in the original FMP (64 FR 54732; 
October 7, 1999).

7. Revision to Boundary Line for Category H Permit Holders

    This action revises the northern boundary line applicable to 
limited access monkfish Category H permit holders. These vessels were 
allowed to enter the fishery through an extension to the limited access 
monkfish program established in Amendment 2 to the FMP. Seven vessels 
qualified for Category H permits under this program. Under the 
provisions of the program contained in Amendment 2, these vessels were 
restricted to fishing in the area south of 38[deg]20' N. lat. These 
vessels have a limited season when monkfish are available during the 
late spring. In addition, these vessels are constrained by sea turtle 
closures that essentially restrict the fishery to an area that is 20 
nautical miles (37 km) wide. In Framework 4, the Councils recommended 
that the northern boundary line applicable to limited access monkfish 
Category H vessels be shifted 20 nautical miles (37 km) northward to 
38[deg]40' N. lat. to increase the opportunity for the affected vessels 
to participate in the monkfish fishery, and provide some additional 
area to move into, in the event that sea turtles appear in the area 
north of 38[deg]00' N. lat., which is the northern boundary of the sea 
turtle closure area. For the same reasons the Councils recommended the 
measure for inclusion in Framework 4, this action temporarily 
implements the measure to shift the northern boundary line applicable 
to limited access monkfish Category H vessels to 38[deg]40' N. lat.

8. Scallop Closed Area Access Program Monkfish Incidental Catch Limit

    Prior to the final approval of Framework 4, representatives from 
the scallop industry requested that the Councils clarify their intent 
with respect to the monkfish incidental catch limits applicable to 
scallop dredge vessels fishing in the Scallop Area Access Program, 
since changes to the program resulting from Scallop Framework 18 
changed the monkfish incidental catch limit applicable to these areas. 
The final rule implementing Framework 18 to the Scallop FMP removed DAS 
counting for vessels fishing in Area Access Program. As a result, the 
monkfish possession limit dropped from 300 lb (136 kg) tail weight per 
scallop DAS, to 50 lb (23 kg) tail weight per day fished, up to a 
maximum of 150 lb (68 kg) tail weight in the access areas. Based on 
input from the scallop industry, the Councils proposed a measure in 
Framework 4 that would increase the monkfish possession limit 
applicable to limited access scallop vessels fishing in the Scallop 
Area Access Program to 300 lb (136 kg) tail weight per day fished 
within the access area, not to include steaming time.
    Available observer information from the scallop access areas 
indicates that these vessels typically do not catch a large amount of 
monkfish, but do tend to catch more, on average, than the current limit 
of 50 lb (23 kg) tail weight per day up to 150 lb (68 kg) tail weight 
per trip. Therefore, NMFS believes that temporarily implementing this 
Framework 4 measure in this interim rule will not increase monkfish 
fishing mortality resulting from limited access scallop vessels fishing 
in the Scallop Area Access Program, but will enable those monkfish 
being caught incidental to these scallop fishing activities to be 
landed.

Comments and Responses

    Thirty-three comments were received during the comment period for 
the proposed rule for this action, including two from groups 
representing the fishing industry, one from each Council, and one from 
the State of Maine Division of Marine Fisheries (State of Maine). The 
remainder of the comments were submitted by members of the general 
public, including fishermen. In addition, several commenters expressed 
concerns that were not relevant to the proposed action. Since these 
concerns were not directed at the proposed measures or other aspects of 
this interim action, NMFS is not responding to these particular 
concerns in this preamble.
    Comment 1: One commenter expressed concerns over the status of the 
stock and stated that the annual monkfish quotas should be cut by 50 
percent in FY 2007, and by 10 percent every year thereafter.
    Response: The target TAC for the NFMA that is being implemented in 
this temporary interim rule is 35 percent less than the target TAC in 
effect for FY 2006. This target TAC is considered to be conservative, 
cutting landings nearly in half compared to FY 2005 levels, and was 
developed by the Monkfish Plan Development Team (PDT) based upon the 
best scientific information available.
    Comment 2: Twelve commenters expressed support for maintaining FY 
2006 management measures for the SFMA, versus shutting down the 
directed fishery, until further information is available from the 
upcoming monkfish stock assessment.
    Response: NMFS agrees that the best option for this interim action 
is to maintain the current management measures in the SFMA until 
further information is available concerning the

[[Page 20955]]

status of the monkfish resource. As noted in the preamble of this final 
rule, NMFS intends to conduct a monkfish stock assessment in July 2007. 
Once the results of this stock assessment are available, NMFS intends 
to make a final decision on Framework 4.
    Comment 3: Five commenters stated that they opposed a closure of 
the directed monkfish fishery in the SFMA during FY 2007, but did not 
express their support or lack of support for the proposed interim 
measures.
    Response: NMFS agrees that based on information currently available 
concerning the status the monkfish resource and the potential economic 
impacts associated with a closure of the directed monkfish fishery in 
the SFMA, a complete closure of the directed fishery is not necessary 
under this interim rule. Given the uncertainties surrounding the status 
of the monkfish resource in both management areas, NMFS believes that 
the most reasonable approach is to reduce fishing effort in the NFMA to 
the level recommended by the Councils in Framework 4, and maintain FY 
2006 effort levels (excluding carryover) under this interim rule until 
a thorough evaluation of the monkfish resource can be conducted through 
a formal stock assessment.
    Comment 4: Fifteen commenters expressed their lack of support for 
the proposed interim measures. However, one of these commenters 
expressed support for implementing the proposed Framework 4 target TAC, 
trip limits, and DAS restrictions for the NFMA through an interim rule, 
while specifically opposing a closure of the directed fishery in the 
SFMA.
    Response: NMFS believes that it would not be appropriate to move 
forward with making a decision on Framework 4 prior to conducting an 
updated stock assessment. Monkfish is in year 7 of a 10-year rebuilding 
plan, but the 3-year running average biomass indices for both 
management areas are less than 50-percent of their respective biomass 
targets. As a result, NMFS believes that any increase in the target TAC 
for either management area above the status quo cannot be justified, 
which is what would occur in the SFMA if the Framework 4 target TAC 
were to be implemented. As noted in the response to Comment 3, NMFS 
believes that the measures being implemented in this interim rule are 
advisable from a biological perspective, while recognizing the economic 
impacts to the directed monkfish fishery that would result from a 
closure of the directed fishery in the SFMA.
    Comment 5: Eleven commenters expressed concern over the economic 
impacts associated with a closure of the directed fishery, with one 
commenter noting the importance of maintaining a monkfish fishery, even 
at a minimal level, to help maintain the markets that have been 
established for this fishery.
    Response: As noted in the responses to Comments 3 and 4, this 
interim rule intends to balance economic impact and the need for 
precautionary measures while a new stock assessment is concluded. Thus, 
this interim rule does not close the directed fishery.
    Comment 6: Three commenters noted the potential biological impacts 
to non-target species associated with a directed fishery closure 
resulting from a redirection of effort to other fisheries.
    Response: NMFS recognizes the potential impact to non-target 
species resulting from a redirection of fishing effort, and discusses 
this impact in section 5.1.1.6 of the EA/RIR/IRFA prepared for this 
action. However, the level of such a redirection of fishing effort, and 
commensurate impact on non-target species, cannot be reliably 
calculated, since it is difficult to predict future changes to fishing 
behavior in response to changes in regulations.
    Comment 7: Four commenters mentioned the potential biological 
impacts resulting from the discarding of monkfish over the incidental 
limit by vessels targeting scallops and NE multispecies, and also by 
vessels that continue to target monkfish under the incidental limit.
    Response: NMFS recognizes that a moratorium on directed fishing in 
the SFMA would likely result in an increase in the amount of monkfish 
caught incidental to other fishing activities, resulting from a 
redirection of fishing effort. NMFS also recognizes that a closure of 
the directed fishery in the SFMA could increase the targeting of 
monkfish under the incidental limit, potentially resulting in increased 
discards. The magnitude of this increase in incidental monkfish catch 
cannot be calculated, since it is difficult to predict fishermen's 
response to changing regulations, but it is expected that the negative 
biological impact of the increased incidental catch will be offset by 
the overall benefit to the stocks of dramatically reducing fishing 
effort. This discussion is also provided in section 5.1.1.6 of the EA/
RIR/IRFA prepared for this action.
    Comment 8: Fifteen commenters expressed their discontent with the 
process by which NMFS is delaying final action on Framework 4 and 
implementing interim measures for the start of the fishing year, with 
three questioning the authority of NMFS to implement measures under 
Magnuson-Stevens Act interim rule authority, citing that the action 
proposed by the Councils is based on the best scientific information 
available.
    Response: NMFS asserts that, given the status of the monkfish 
resource, and only 3 years remaining in the rebuilding schedule, a 
delay in making a final determination on Framework 4 is an appropriate 
and responsible course of action. This interim rule reflects a 
precautionary approach to managing the monkfish fishery in anticipation 
of an updated stock assessment in July 2007. The Secretary of Commerce 
(Secretary) has been given the authority under section 305(c) of the 
Magnuson-Stevens Act to implement measures to address overfishing. 
Because the purpose of this rule is to implement measures to help end 
overfishing and rebuild the monkfish resource until more information is 
available concerning the status of the monkfish resource, this 
rulemaking is in accordance with the interim rule authority provided to 
the Secretary under the Magnuson-Stevens Act, and consistent with 
guidelines for implementing emergency and interim measures.
    Comment 9: Ten commenters mentioned the economic impacts associated 
with the sudden change in management measures for the start of FY 2007 
from what was proposed by the Councils in Framework 4. One commenter 
specifically noted that the proposed rule announcing the proposed 
interim management measures occurred 40 days prior to the start of the 
fishing year, impacting the ability of vessels, shore side processors, 
and dock facilities, to make appropriate business decisions for the 
upcoming fishing year, resulting in severe economic impacts that were 
not factored into the economic impact analyses.
    Response: NMFS considered and analyzed the economic and social 
impacts associated with the timing of this rule in sections 5.3 and 5.4 
of the EA/RIR/IRFA prepared for this action. In summary, the short-term 
economic and social impacts associated with implementing this interim 
rule were determined to be less substantial than the potential long-
term economic and social impacts of allowing over-harvesting of the 
monkfish resource.
    Comment 10: One commenter expressed support for reducing the DAS 
carryover, noting that the Councils disapproved including this measure 
in Framework 4 due to the inability of NMFS to provide timely DAS 
allocation and usage information.
    Response: NMFS shares the commenter's concern over carryover DAS 
usage in the monkfish fishery,

[[Page 20956]]

which is why the use of carryover DAS will be temporarily prohibited 
under this interim rule. NMFS also recognizes the industry's concern 
over timely and accurate DAS information, and is taking steps to 
improve the existing DAS monitoring system.
    Comment 11: Six commenters stated that a closure of the directed 
monkfish fishery with such little notice would potentially force them 
to retrieve their nets in bad weather, or discard monkfish caught in 
these nets if they were forced to retrieve their nets after such a 
closure went into effect.
    Response: NMFS understands the social and economic impacts that 
would result from the closure of the directed fishery in the SFMA, 
including the timing of the announcement of such a closure, and is not 
implementing a closure of the directed fishery in the SFMA in this 
interim rule.
    Comment 12: Six commenters stated that either a closure of the 
directed fishery or the proposed interim measures would force them to 
fish all or part of their season in the NFMA.
    Response: NMFS understands that the proposed interim measures for 
the SFMA or a closure of the directed fishery in the SFMA could shift 
some fishing effort to the NFMA. However, the magnitude of such a shift 
in fishing effort is dependent on the ability of individual vessels to 
move their fishing operations to areas where they have not fished 
historically, and is difficult to predict. Based upon the 2 years where 
fishing effort was constrained in the SFMA (FY 2004 and FY 2006), it 
does not appear that such a shift in effort would be substantial, 
especially given the constraints on fishing under a multispecies DAS in 
the NFMA, such as double-counting of multispecies DAS in the Gulf of 
Maine Differential Area, and the limited ability of vessels to target 
monkfish outside of a concurrent multispecies DAS in the NFMA.
    Comment 13: One comment was received regarding the length of the 
comment period on the interim rule. The commenter expressed concern 
over the 15-day comment period, suggesting that it would limit the 
ability of industry participants to provide feedback to the agency.
    Response: NMFS understands the commenter's concern regarding the 
length of the public comment period for this interim rule. However, the 
agency has a statutory obligation to ensure that management measures 
adequate to protect the monkfish resource and prevent overfishing are 
in place until the agency has sufficient information to make a 
determination about Framework 4. Any degree of overfishing will delay 
stock rebuilding and further threaten our ability to rebuild the stock 
within the Magnuson-Stevens Act mandated 10-year rebuilding time frame. 
Because the fishing year begins on May 1, 2007, and, without this 
interim rule, there would effectively be no controls on monkfish 
fishing in the NFMA, an abbreviated comment period was necessary to 
ensure the rule could be implemented on May 1, 2007. In part, this is 
why the agency is continuing to accept comments on the interim rule for 
an additional 30 days beyond its publication. NMFS will consider these 
additional comments when it determines an appropriate course of action 
to take if it becomes necessary to extend this interim rule beyond the 
initial 180 days.
    Comment 14: One commenter stated that the proposal to delay making 
a final decision on Framework 4 violated 16 U.S.C. Sec.  1854(b), which 
is the Magnuson-Stevens Act requirement that the Secretary of Commerce 
issue final regulations within 30 days of the close of the comment 
period.
    Response: The Magnuson-Stevens Act requirement to issue final 
regulations within 30 days of the close of the public comment period 
applies only to FMPs and FMP amendments. The regulations that establish 
the requirements and process for the development and implementation of 
framework adjustments to the Monkfish FMP are found at Sec.  
648.96(c)(3)(ii)(B). These regulations stipulate that the measures 
shall be published as a final rule in the Federal Register only if the 
Regional Administrator concurs with the Councils' recommendation. There 
is no specific time requirement under the framework adjustment 
procedures in the Monkfish FMP by which NMFS must publish a final rule.

Classification

    The Regional Administrator has determined that the management 
measures implemented by this interim final rule are necessary for the 
conservation and management of the monkfish fishery, and are consistent 
with the Magnuson-Stevens Act and other applicable laws.
    Pursuant to 5 U.S.C. 553(d)(3), the Assistant Administrator (AA) 
finds good cause to waive the 30-day delayed effectiveness for the 
measures implemented by this interim final rule. The need to implement 
these measures in a timely manner to help end overfishing in the 
monkfish fishery and rebuild the monkfish resource constitutes good 
cause under authority contained in 5 U.S.C. 553(d)(3), to establish an 
effective date less than 30 days after date of publication. This action 
establishes temporary measures (target TACs, trip limits, DAS) for the 
monkfish fishery for FY 2007 (May 1, 2007, to April 30, 2008) that are 
either more restrictive than or equivalent to the measures currently in 
effect for FY 2006. Failure to implement these measures in a timely 
manner would result in overfishing of the monkfish resource because it 
would delay implementation of the trip limits and DAS restrictions for 
vessels fishing in the NFMA that are necessary to prevent overfishing 
for up to 30 days beyond the start of the fishing year. Currently, 
vessels fishing in this management area are not subject to trip limits 
or monkfish DAS restrictions, and so during this delay in 
effectiveness, these vessels could continue to fish unabated. 
Therefore, any delay in implementation beyond the start of the fishing 
year would provide limited access monkfish vessels fishing in the NFMA 
with the ability to fish for monkfish under much less restrictive 
measures than those being implemented in this temporary interim rule, 
resulting in an increase in fishing effort and overfishing of the 
monkfish resource. Any over-harvest of the target TAC for the NFMA 
would result in negative impacts to the monkfish resource as a whole 
since stocks in both management areas are well behind the rebuilding 
schedules established in the FMP. Any degree of overfishing will delay 
stock rebuilding and further threaten our ability to rebuild the stock 
within the Magnuson-Stevens Act mandated 10-year rebuilding time frame.
    This action could not be implemented earlier due to timing of the 
final approval of Framework 4 by the Councils (November 2006 for the 
NEFMC and December 2006 for the MAFMC), which resulted in submission of 
this action by the NEFMC on January 11, 2007. Due to concerns over the 
status of the monkfish resource with respect to the rebuilding goals 
established in the FMP, NMFS modified its approach to the action and 
published a joint proposed rule on March 20, 2007, seeking public 
comment on Framework 4, and proposed interim measures for the start of 
FY 2007. In order to implement this final rule before the start of FY 
2007 and prevent the overfishing of the monkfish resource that would 
occur during a delay in implementation, the AA finds that there is good 
cause to waive the 30-day delay in effectiveness.
    This interim final rule has been determined not to be significant 
for the purposes of Executive Order (E.O.) 12866.

[[Page 20957]]

Final Regulatory Flexibility Analysis

    NMFS, pursuant to section 604 of the Regulatory Flexibility Act 
(RFA), prepared this FRFA in support of the measures being implemented 
through this interim action. The FRFA describes the economic impact 
that this interim final rule will have on small entities. This FRFA 
incorporates the IRFA, any comments received 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 interim final rule. A copy of the IRFA, 
RIR, and EA prepared for this action are available from NMFS, Northeast 
Regional Office, and are available on the Northeast Regional Office 
website (see ADDRESSES).

Statement of Objective and Need

    A description of why this action was considered, the objectives of, 
and the legal basis for this final rule are contained in the preamble 
to this interim final rule, the preamble of the proposed rule for this 
action, and in the EA prepared for this action and are not repeated 
here. In summary, this rule implements measures to reduce fishing 
effort in the NFMA in accordance with the measures proposed by the 
Councils in Framework 4, and maintains existing effort levels in the 
SFMA until a final determination can be made on Framework 4 once the 
results of an upcoming stock assessment are available.

Summary of Significant Issues Raised in Public Comments

    Thirty-three public comments were received on the proposed rule, 
and although several comments made general statements regarding the 
economic impacts associated with this rule, none of the comments were 
specific to the economic analyses summarized in the IRFA. These 
comments and the agency's response to those comments are provided in 
the preamble of this final rule.

Description and Estimate of Number of Small Entities to Which this 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 ($4.0 million in gross 
sales). Therefore, there are no disproportionate impacts between small 
and large entities associated with this temporary interim rule. As of 
October 13, 2006, there were 731 limited access monkfish permit holders 
and approximately 2,121 vessels holding an open access Category E 
monkfish permit. This action will affect all active limited access 
vessels, and any open access monkfish vessels that land monkfish from 
the NFMA.
    Vessel activity reports for FY 2005 indicate that 627 limited 
access monkfish permit holders participated in the monkfish fishery. Of 
these vessels, 150 fished exclusively in the NFMA and 226 fished 
exclusively in the SFMA, with the remaining 251 fishing in both 
management areas. During the same time period, vessel activity reports 
indicate that 570 incidental permit holders reported landing monkfish. 
Of these vessels, 163 landed monkfish only from the NFMA, 344 landed 
monkfish only from the SFMA, and 63 landed monkfish from both 
management areas. The measures being implemented in this interim rule 
will affect at least the 627 limited access vessels that fished for 
monkfish during FY 2005 and the 226 incidental permit holders landing 
monkfish from the NFMA.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    This action does not introduce any new reporting, recordkeeping, or 
other compliance requirements.

Description of the Steps Taken to Minimize Economic Impacts on Small 
Entities

    This action largely builds upon Framework 4 measures for which 
numerous alternatives were considered. Due to the focused and short-
term objectives of this action, NMFS only fully considered two target 
TAC alternatives (the proposed interim action and the No Action 
alternative) and three trip limit/DAS alternatives (the proposed 
action, a modification of the proposed action closing the directed 
monkfish fishery in the SFMA, and the No Action alternative). Also 
included in this action are two alternatives to require the use of 
monkfish DAS in the NFMA; the proposed action to require the use of a 
monkfish DAS if a limited access monkfish vessel exceeds the incidental 
catch limit, and No Action (i.e., no monkfish DAS requirement). 
Finally, NMFS considered the same alternatives considered by the 
Councils in Framework 4 for the remaining three measures being 
temporarily implemented in this rule: A revision to the monkfish 
incidental catch limit in the NFMA; a revision to the boundary line for 
limited access monkfish Category H permit holders; and a revision to 
the monkfish incidental catch limit applicable to limited access 
scallop vessels fishing in the Scallop Area Access Program.
    The proposed target TAC, trip limits, and DAS requirements for the 
NFMA are expected to result in a reduction in monkfish revenues ranging 
from 18.6 percent for vessels fishing only in the NFMA, to 12.6 percent 
for vessels fishing in both management areas. The No Action target TAC 
alternative for the NFMA, which results in a lower target TAC than the 
proposed action, could result in a greater economic impact on small 
entities under the proposed action to implement DAS restriction and 
trip limits in the NFMA. However, the combination of the No Action 
target TAC alternative for the NFMA with the No Action DAS and trip 
limit alternatives would not result in any economic impacts to vessels 
fishing in the NFMA, since vessels fishing in this area would not be 
subject to trip limits or DAS restrictions. Although the combination of 
these No Action alternatives would result in a reduced target TAC for 
the NFMA, it would provide no means by which to ensure that this target 
TAC is not exceeded, making this combination of alternatives 
inconsistent with the objectives of the FMP.
    The proposed target TAC, trip limits, and DAS restrictions for the 
SFMA are less restrictive under the No Action alternative than the 
proposed action. However, because the No Action alternative would 
result in increased fishing mortality over the proposed action, it does 
not meet the objectives of this action, and was, therefore, rejected. 
The other alternative, to close the directed fishery in the SFMA, was 
also rejected since it would result in economic impacts that are more 
severe than deemed necessary to meet the objectives if this action.
    As noted above, the other measures considered and analyzed in this 
interim rule were measures that were also considered and analyzed by 
the Councils in Framework 4. The alternative to reduce the monkfish 
incidental catch limit in the NFMA would impact less than 25 percent of 
all trips by monkfish vessels fishing in the NFMA, based upon landings 
and effort data from FY 2005, but would have a greater impact on 
limited access Category A and C vessels, since these vessels had a 
higher percentage of trips in excess of the proposed trip limit during 
FY 2005. However, these vessels will have monkfish DAS to utilize in 
the NFMA under which they could land monkfish in excess of the proposed 
incidental catch limit, mitigating the economic impact of this measure. 
The measures extending the northern

[[Page 20958]]

boundary applicable to limited access monkfish Category H vessels, and 
increasing the trip limit applicable to limited access scallop vessels 
fishing in the Scallop Access Area Program, are both less restrictive 
than their respective No Action alternatives, thereby having less of an 
economic impact.
    Finally, the proposed action to eliminate the use of carryover DAS 
during the period of this interim rule would have a negative economic 
impact in comparison to the No Action alternative. However, the use of 
carryover DAS during the interim period could cause the target TACs for 
one or both management areas to be exceeded, which does not coincide 
with the objectives of the interim rule to help end overfishing and 
rebuild the monkfish resource in accordance with FMP objectives. As a 
result, the No Action DAS carryover alternative was rejected.

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 limited access or open 
access monkfish permit, 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 and are 
also available on the Northeast Regional Office website (see 
ADDRESSES).

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: April 23, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

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

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

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

0
2. In Sec.  648.4, paragraphs (a)(9)(i)(A)(6) and (7) are suspended and 
paragraphs (a)(9)(i)(A)(8) and (9) are added to read as follows:


Sec.  648.4  Vessel permits.

* * * * *
    (a) * * *
    (9) * * *
    (i) * * *
    (A) * * *
    (8) Category G permit (vessels restricted to fishing south of 
38[deg]40' N. lat. as described in Sec.  648.92(b) that do not qualify 
for a limited access monkfish 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.
    (9) Category H permit (vessels restricted to fishing south of 
38[deg]40' N. lat. as described in Sec.  648.92(b) that do not qualify 
for a limited access monkfish Category A, B, C, or D 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.
* * * * *

0
3. In Sec.  648.14, paragraph (y)(7) is suspended and paragraph (y)(22) 
is added to read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (y) * * *
    (22) Fail to comply with the area restrictions applicable to 
limited access G and H vessels specified under Sec.  648.92(b)(11).
* * * * *

0
4. In Sec.  648.92, paragraphs (a)(1), (b)(1), and (b)(9) are suspended 
and paragraphs (b)(10) and (b)(11) are added to read as follows:


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

* * * * *
    (b) * * *
    (10) Limited access monkfish permit holders.--(i) General 
provision. Limited access monkfish permit holders shall be allocated 31 
monkfish DAS for FY 2007 to be used in accordance with the restrictions 
of this paragraph (b), unless otherwise restricted by paragraph 
(b)(10)(ii) of this section, or unless the vessel is enrolled in the 
Offshore Fishery Program in the SFMA, as specified in paragraph 
(b)(10)(iii) of this section. The annual allocation of monkfish DAS 
shall be reduced by the amount calculated in paragraph (b)(1)(iv) of 
this section for the research DAS set-aside. Limited access NE 
multispecies and limited access sea scallop permit holders who also 
possess a limited access monkfish permit must use a NE multispecies or 
sea scallop DAS concurrently with each monkfish DAS utilized, except as 
provided in paragraph (b)(2) of this section, unless otherwise 
specified under this subpart F.
    (ii) DAS restrictions for vessels fishing in the SFMA. Limited 
access monkfish vessels may only use 12 of their 31 monkfish DAS 
allocation in the SFMA. All limited access monkfish vessels fishing in 
the SFMA must declare that they are fishing in this area through the 
vessel call-in system or VMS prior to the start of every trip. In 
addition, if a vessel does not possess a valid letter of authorization 
from the Regional Administrator to fish in the NFMA as described in 
Sec.  648.94(f), NMFS shall presume that any monkfish DAS used were 
fished in the SFMA.
    (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 monkfish DAS as specified in Sec.  648.95(g)(2).
    (iv) Research DAS set-aside. A total of 500 DAS shall be set aside 
and made available for cooperative research programs as described in 
paragraph of this section. These DAS shall be deducted from the total 
number of DAS allocated to all limited access monkfish permit holders, 
as specified under paragraph (b)(10)(i) of this section. A per vessel 
deduction shall 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 31 DAS and there were 750 limited access monkfish 
permits issued during FY 2006, the number of DAS allocated to each 
vessel during FY 2007 would be 31 DAS minus 0.7 (500 DAS, divided by 
750 permits), or 30.3 DAS.
    (11) Category G and H limited access permit holders. (i) Vessels 
issued limited access monkfish Category G or H permits may fish under a 
monkfish DAS only in the area south of 38[deg]40' N. lat.
    (ii) Vessels issued a 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,

[[Page 20959]]

respectively, unless otherwise stated under this subpart F.
* * * * *

0
5. In Sec.  648.94, paragraphs (b)(1)-(5), (c)(1), and (c)(8) are 
suspended and paragraphs (b)(7)-(11), (c)(9), and (c)(10) are added to 
read as follows:


Sec.  648.94  Monkfish possession and landing restrictions.

* * * * *
    (b) * * *
    (7) Vessels fishing under the monkfish DAS program in the NFMA--(i) 
Category A and C vessels. Limited access monkfish Category A and C 
vessels that fish under a monkfish DAS exclusively in the NFMA may land 
up to 1,250 lb (567 kg) tail weight or 4,150 lb (1,882 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).
    (ii) Category B and D vessels. Limited access monkfish Category B 
and D vessels that fish under a monkfish DAS exclusively in the NFMA 
may land up to 470 lb (213 kg) tail weight or 1,560 lb (708 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).
    (8) Vessels fishing under the monkfish DAS program in the SFMA--(i) 
Category A, C, and G vessels. Limited access monkfish Category A, C, 
and G vessels that fish under a monkfish DAS in the SFMA may land up to 
550 lb (249 kg) tail weight or 1,826 lb (828 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).
    (ii) Category B, D, and H vessels. Limited access monkfish Category 
B, D, and H vessels that fish under a monkfish DAS in the SFMA may land 
up to 450 lb (204 kg) tail weight or 1,494 lb (678 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).
    (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).
    (9) Category C, D, F, G and H vessels fishing under the 
multispecies DAS program--(i) NFMA. Limited access monkfish Category C, 
D, F, G, or H vessels that are fishing under a NE multispecies DAS, and 
not a monkfish DAS, exclusively in the NFMA are subject to the 
incidental catch limit specified in paragraph (c)(9)(i) of this 
section. Category C, D, F, G, and H vessels participating in the 
Northeast Multispecies Regular B DAS program, as specified under Sec.  
648.85(b)(6), are also subject to the incidental catch limit specified 
in paragraph (c)(9)(i) of this section.
    (ii) SFMA--(A) Category C, D, and F vessels. Limited access 
monkfish Category C, D, or F vessels that fish any portion of a trip 
under a NE multispecies DAS in the SFMA, and not a monkfish DAS, 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. 
Category C, D, and F vessels participating in the Northeast 
Multispecies Regular B DAS program, as specified under Sec.  
648.85(b)(6), are also subject to the incidental catch limit specified 
in paragraph (c)(9)(ii) of this section.
    (B) Category G, and H vessels. Limited access monkfish Category G 
and H vessels that fish any portion of a trip under a NE multispecies 
DAS in the SFMA, and not under a monkfish DAS, are subject to the 
incidental catch limit specified in paragraph (c)(9)(ii) of this 
section. Category G and H vessels participating in the Northeast 
Multispecies Regular B DAS program, as specified under Sec.  
648.85(b)(6), are also subject to the incidental catch limit specified 
in paragraph (c)(9)(ii) of this section.
    (iii) Transiting. A vessel that harvested monkfish in the NFMA may 
transit the SFMA and possess monkfish in excess of the SFMA landing 
limit, provided such vessel complies with the provisions of Sec.  
648.94(e).
    (10) 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).
    (11) 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)(7) and (b)(8) 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.
* * * * *
    (c) * * *
    (9) Vessels fishing under a NE multispecies DAS--(i) NFMA. Vessels 
issued a valid monkfish incidental catch (Category E) permit or a valid 
limited access Category C, D, F, G, or H permit, fishing under a NE 
multispecies DAS exclusively in the NFMA may land up to 300 lb (136 kg) 
tail weight or 996 lb (452 kg) whole weight of monkfish per DAS, or 25 
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, 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).
    (10) Scallop vessels not fishing under a scallop DAS with dredge 
gear--(i) General provisions. A vessel issued a valid monkfish 
incidental catch (Category E) permit and a valid General Category sea 
scallop permit or a limited access sea scallop vessel not fishing under 
a scallop DAS, while fishing exclusively with scallop dredge gear 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, unless otherwise specified in paragraph 
(c)(10)(ii) of this section.
    (ii) Limited access scallop vessels fishing in Sea Scallop Access 
Areas. A vessel issued a valid monkfish incidental catch (Category E) 
permit and a limited access sea scallop permit while fishing 
exclusively with scallop dredge gear as specified in Sec.  648.51(b), 
and fishing in one of the established Sea Scallop Access Areas 
specified under Sec.  648.59, may possess, retain, and land up to 300 
lb (136 kg) tail weight or 996 lb (452 kg) whole weight of monkfish per 
day or partial day fished within the boundaries of the Sea Scallop 
Access Area. Time within the applicable access

[[Page 20960]]

area, for purposes of determining the incidental catch limit, will be 
determined through the vessel's VMS unit.
* * * * *

0
6. In Sec.  648.95, paragraphs (a)(2), (g)(2), and (g)(3) are suspended 
and paragraphs (a)(4), (g)(4), and (g)(5) are added to read as follows:


Sec.  648.95  Offshore Fishery Program in the SFMA.

    (a) * * *
    (4) 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 Sec.  648.94 . 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)(9)(i).
* * * * *
    (g) * * *
    (4) The monkfish DAS allocation for vessels issued a Category F 
permit shall be equal to the trip limit applicable to the vessel's 
limited access monkfish 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 fishing in the SFMA and not issued Category F permits, 
specified under Sec.  648.92(b)(10)(ii). For example, if a vessel has a 
limited access monkfish Category C permit, and the applicable trip 
limit is 550 lb (363 kg) for this category, and the vessel has an 
annual allocation of 12 monkfish DAS for the SFMA, then the monkfish 
DAS allocated to that vessel when issued a Category F permit would be 
4.13 monkfish DAS (550 lb divided by 1,600 lb, multiplied by 12 
monkfish DAS, equals 4.13 DAS).
    (5) 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)(9)(i) of this section.
* * * * *

0
7. In Sec.  648.96, paragraphs (a), (b)(1)-(4) are suspended and 
paragraphs (b)(5)-(7) are added to read as follows:


Sec.  648.96  Monkfish annual adjustment process and framework 
specifications.

    (b) * * *
    (5) Annual review process. The Monkfish Monitoring Committee (MFMC) 
shall meet on or before November 15 of each year to develop options for 
the upcoming fishing year, as needed, and options for NEFMC and MAFMC 
consideration on any changes, adjustment, or additions to DAS 
allocations, trip limits, size limits, or other measures necessary to 
achieve the Monkfish FMP's goals and objectives. The MFMC shall review 
available data pertaining to discards and landings, DAS, and other 
measures of fishing effort; stock status and fishing mortality rates; 
enforcement of and compliance with management measures; and any other 
relevant information.
    (6) Annual Target TACs for FY 2007--(i) NFMA. The annual target TAC 
for the NFMA is 5,000 mt for FY 2007, unless otherwise recommended by 
the MFMC through its annual review procedure specified in paragraph 
(b)(5) of this section, and adopted through the procedures outlined in 
paragraph (b)(7) of this section.
    (ii) SFMA. The annual target TAC for the SFMA is 3,667 mt for FY 
2007, unless otherwise recommended by the MFMC through its annual 
review procedure specified in paragraph (b)(5) of this section, and 
adopted through the procedures outlined in paragraph (b)(7) of this 
section.
    (7) Council TAC recommendations. The Councils shall consider any 
target TAC(s) and/or other management measures recommended by the MFMC 
as part of its annual review specified in paragraph (b)(5) of this 
section, and then forward their recommendation to the Regional 
Administrator. If the Councils recommend target TAC(s) and/or other 
management measures to the Regional Administrator, and the Regional 
Administrator concurs with this recommendation, the Regional 
Administrator shall promulgate the target TAC(s) and/or management 
measures through rulemaking consistent with the APA. If the Regional 
Administrator does not concur with the Councils' recommendation, then 
the Councils shall be notified in writing of the reasons for the non-
concurrence.
* * * * *
[FR Doc. E7-8117 Filed 4-26-07; 8:45 am]
BILLING CODE 3510-22-S