[Federal Register Volume 73, Number 82 (Monday, April 28, 2008)]
[Rules and Regulations]
[Pages 22831-22835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9116]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 071128763-8490-02]
RIN 0648-AW33


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Monkfish 
Fishery; Framework Adjustment 5 to the Monkfish Fishery Management Plan

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS approves and implements new management measures for the 
monkfish fishery recommended in Framework Adjustment 5 (Framework 5) to 
the Monkfish Fishery Management Plan (FMP), which has been submitted 
jointly by the New England (NEFMC) and Mid-Atlantic Fishery Management 
Councils (Councils). This action approves and implements revised 
biological reference points in the FMP to be consistent with the 
recommendations resulting from the most recent stock assessment for 
this fishery (Northeast Data Poor Stocks Working Group (DPWG, July 
2007)), and approves and implements revised management measures to 
ensure that the monkfish management program succeeds in keeping 
landings within the target total allowable catch (TAC) levels.

DATES: This rule is effective May 1, 2008.

ADDRESSES: Copies of the Environmental Assessment (EA), including the 
Regulatory Impact Review (RIR) and Initial Regulatory Flexibility 
Analysis (IRFA), prepared for Framework 5 are available upon request 
from Paul Howard, Executive Director, NEFMC, 50 Water Street, 
Newburyport, MA, 01950. The document is also available online at 
www.nefmc.org. NMFS prepared a Final Regulatory Flexibility Analysis 
(FRFA), which is contained in the classification section of this rule. 
The FRFA consists of the IRFA, public comments and responses contained 
in this final rule, and a summary of impacts and alternatives contained 
in this final rule. The small entity compliance guide is available from 
Patricia A. Kurkul, Regional Administrator, Northeast Regional Office, 
National Marine Fisheries Service, One Blackburn Drive, Gloucester, MA 
01930 2298, and on the Northeast Regional Office's website at http://www.nero.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Tobey Curtis, Fishery Policy Analyst, 
e-mail [email protected], phone (978) 281-9273, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION:

Background

    The monkfish fishery is jointly managed by the Councils, with the 
NEFMC having the administrative lead. The fishery extends from Maine to 
North Carolina, and is divided into two management units: The Northern 
Fishery Management Area (NFMA) and the Southern Fishery Management Area 
(SFMA).
    In July 2007, the DPWG completed and accepted a new monkfish 
assessment. The results of this assessment indicate that neither stock 
is overfished, overfishing is no longer occurring, and both stocks are 
rebuilt based on a new modeling approach and newly recommended 
biological reference points. In addition to the fact that this 
assessment was the first to use a new analytical model, the July 2007 
assessment report emphasizes the high degree of uncertainty in the 
analyses due to the dependence on assumptions about natural mortality, 
growth rates, and other model inputs. The report concluded that the 
data-poor nature of this species and the significant uncertainty in 
assessing the stocks should be considered when developing management 
measures. Framework 5 implements the revised biological reference 
points recommended by the DPWG and makes other modifications to the 
regulations to ensure that the management program succeeds in keeping 
landings within the target TACs implemented in Framework Adjustment 4 
(72 FR 53942; September 21, 2007). The management measures contained in 
Framework 5 are described in detail in the following paragraphs.

Framework 5 Management Measures

1. Revision to Biological Reference Points

    This action revises the biological reference points contained in 
the FMP to be consistent with those recommended in the July 2007 
assessment report. In that report, the DPWG recommended that 
Btarget for both management areas be set equivalent to the 
average of the total biomass from 1980 through 2006. Therefore, this 
final rule establishes a Btarget of 92,200 mt for the NFMA 
and 122,500 mt for the SFMA. In addition, the DPWG recommended that 
Bthreshold for both management areas be set equivalent to 
the lowest value of total biomass from 1980 through 2006. As a result, 
this final rule establishes a Bthreshold of 65,200 mt for 
the NFMA and 96,400 mt for the SFMA. The most recent estimate of 
biomass for each management area (B2006) is 118,700 mt for 
the NFMA and 135,500 mt for the SFMA. Therefore, based upon the revised 
biological reference points being implemented in

[[Page 22832]]

this final rule, both monkfish stocks are no longer overfished 
(B2006 above Bthreshold), and are rebuilt 
(B2006 above Btarget).

2. Reduction in Carryover Days-at-Sea (DAS)

    This action reduces the number of unused monkfish DAS that a 
limited access monkfish vessel is allowed to carry over from one 
fishing year into the next from 10 to 4 DAS. Carryover DAS are intended 
to enhance safety at sea by allowing a vessel, at the end of a fishing 
year, to avoid the predicament of using or losing DAS in the event of 
bad weather or mechanical problems. However, Framework 5 brought into 
question whether 10 carryover DAS were really needed, especially since 
the use of carryover DAS contributed to a substantial overage (60 
percent) in the target TAC for the SFMA during FY 2006, when vessels in 
this area were only allocated 12 DAS for the fishing year. During that 
fishing year, carryover DAS represented over an 80-percent increase 
above a limited access monkfish vessel's base allocation of monkfish 
DAS. As a result, NMFS approved and the Councils recommended a 
reduction in carryover DAS because it better reflects an amount that is 
commensurate to a vessel's base DAS allocation, thereby helping to 
ensure that the target TACs are not exceeded, while still providing 
members of the fishing industry with some carryover DAS to enhance 
safety at the end of the fishing year. Since most monkfish trips are 
less than four days in duration, the reduction to 4 carryover DAS is 
not expected to undermine the promotion of safe fishing practices at 
the end of a fishing year. This final rule implements the Councils' 
recommendation.

3. Revision to DAS Accounting Provision for Gillnet Vessels

    This action changes the manner in which DAS are counted for 
monkfish gillnet vessels. The FMP currently states that monkfish 
gillnet vessels are charged actual time fished on trips less than 3 
hours or greater than 15 hours in duration, but are charged a minimum 
of 15 hours for trips from 3 to 15 hours in duration. The original 
intent of this regulation was to adjust gillnet effort to be more 
equivalent to trawl effort, but allow vessels that run into bad weather 
or experience mechanical difficulties at the beginning of a trip to 
return to port and only be charged actual time at sea (i.e., trips less 
than 3 hours in duration). However, as monkfish DAS have been reduced 
in recent years, some vessels have begun to exploit this 3-hour window 
and use it to catch and land monkfish. As a result, an allocation of 23 
monkfish DAS, for example, would normally allow a vessel to take 
approximately 36 15-hour trips. If that vessel exploited the 3-hour 
provision, the number of potential trips could increase to as many as 
184. It appears that only a few vessels are currently exploiting this 
provision, but there is potential for increased usage, which then 
increases the probability that the target TACs will be exceeded. As a 
result, the Councils recommended that the 3-hour provision be 
eliminated, requiring all monkfish gillnet trips of less than 15 hours 
in duration to be charged 15 hours. Although removal of this provision 
reduces some flexibility for gillnet vessels, NMFS approved this 
recommendation because of the potential negative impacts on the 
monkfish resource from exploitation of the status quo alternative 
outweigh the original flexibility and safety intentions of this 
infrequently invoked provision. Under this action, vessels with VMS 
will still have the ability to return to port, prior to crossing the 
VMS demarcation line at the start of a trip, if they experience bad 
weather or mechanical issues and not be charged DAS. This final rule 
implements the Councils' recommendation.
    This action also adds a sentence to the section of the regulations 
concerning the monkfish gillnet accounting rules, found at Sec.  648.92 
(b)(8)(v), to clarify that a monkfish gillnet vessel fishing under a 
joint monkfish and NE multispecies DAS, that is declared as a trip 
gillnet vessel under the NE Multispecies FMP, must remove its gillnet 
gear from the water prior to calling out of the DAS program. The 
language contained in this section was recently clarified in a letter 
from the Regional Administrator to limited access monkfish permit 
holders, dated August 13, 2007.

4. Revision to the Incidental Catch Limit in the SFMA

    This action revises the monkfish incidental catch limit applicable 
to large-mesh vessels fishing in the Southern New England Regulated 
Mesh Area (SNE RMA), as defined under the Northeast (NE) multispecies 
regulations, east of 72[deg]30' W long., but not under a monkfish, NE 
multispecies, or scallop DAS, or vessels fishing under a Skate Bait 
Letter of Authorization (LOA) in the SNE RMA east of 74[deg]00' W 
long., to be 5 percent (tail weight) of the total weight of fish on 
board, not to exceed 50 lb (23 kg) tail weight per day, up to 150 lb 
(68 kg) tail weight per trip. The Councils recommended this change to 
the incidental catch limit in response to reports that vessels fishing 
for skate as bait in the SNE RMA, using mesh larger than the 
multispecies minimum mesh size (i.e., large mesh), are targeting 
monkfish using the existing incidental catch limit; which is 5 percent 
(tail weight) of the total weight of fish on board with no limit on the 
amount of monkfish that the vessel can land. This behavior could 
undermine the FMP's ability to prevent overfishing. The landings cap 
recommended by the Councils in this action is equivalent to the 
incidental catch limit applicable to vessels not fishing under a DAS in 
the SNE RMA with small-mesh, hook gear, or dredge gear. This final rule 
implements the Councils' recommendation.

5. Revision to Monkfish LOA Requirement

    This action eliminates the requirement to obtain a Monkfish LOA to 
fish under the less restrictive management measures of the NFMA for 
vessels using a vessel monitoring system (VMS). Monkfish vessels using 
the interactive voice response (IVR) call-in system, however, will 
still be required to obtain a Monkfish LOA. The Councils recommended 
this action because requiring an LOA was determined to be burdensome 
and unnecessary, given that VMS screens were recently revised to enable 
limited access monkfish vessels to declare the management area in which 
they are fishing when declaring a monkfish DAS. In addition, the VMS 
system enables NMFS to monitor where these vessels are fishing. 
Conversely, although vessels using the IVR call-in system can now 
declare the management area in which they are fishing through that 
system, NMFS cannot monitor where these vessels are fishing in the same 
manner as VMS vessels. In this final rule, NMFS approves the Councils 
recommendation that the Monkfish LOA requirement be eliminated for VMS 
vessels, but retained for vessels using the IVR call-in system.

Technical Corrections to Monkfish FMP Regulations

    Two corrections to the regulations implementing the Monkfish FMP 
are included in this final rule. The first correction removes a 
duplicate paragraph concerning the impact of leasing NE multispecies 
DAS on a vessel's monkfish DAS allocation (Sec.  648.92(b)(2)(iii)). 
This paragraph should have been removed in the final rule implementing 
Framework 4. The second set of corrections corrects the cross-
references to the regulations implementing the Atlantic Sea Scallop FMP 
concerning accrual of DAS and the

[[Page 22833]]

Good Samaritan credit found at Sec.  648.92(b)(3) and (4). It appears 
that the final rule implementing Amendment 10 to the Atlantic Sea 
Scallop FMP (69 FR 35215; June 23, 2004) revised Sec.  648.53, thereby 
inadvertently impacting these cross-references in the monkfish 
regulations.

Comments and Responses

    The public comment period on the proposed rule ended on March 25, 
2008, with three comments received.
    Comment 1: The commenter suggested that Framework 5 would allow 
overfishing of monkfish to continue, and more restrictive measures 
should be implemented.
    Response: There is no scientific basis for the commenter's 
statements, as monkfish are not currently subject to overfishing, nor 
in an overfished condition based on the best scientific information 
available. Measures more restrictive than those implemented under prior 
actions in the monkfish fishery and in this final rule are not 
justified at this time.
    Comment 2: The commenter supported some Framework 5 measures, but 
disagreed with others. Specifically, the commenter supported the 
measures to revise the biological reference points, eliminate the 3-
hour provision for gillnet vessels, revise the incidental catch limits, 
and revise the LOA requirements in the NFMA. The commenter disagreed 
with the measure to reduce carryover DAS from 10 to 4. The commenter 
stated that such restrictions were no longer justified given the 
positive change in monkfish stock status.
    Response: The reduction of carryover DAS would, to some extent, 
reduce flexibility for industry members that were unable to use all of 
their allotted DAS due to poor weather or mechanical problems. However, 
the use of carryover DAS contributed to a substantial overage (60 
percent) in the target TAC for the SFMA during FY 2006, when vessels in 
this area were only allocated 12 DAS for the fishing year. During that 
fishing year, carryover DAS represented over an 80-percent increase 
above a limited access monkfish vessel's base allocation of monkfish 
DAS. Therefore, NMFS approved the Councils' recommended reduction in 
carryover DAS because it better reflects an amount of DAS that is 
commensurate to a vessel's annual DAS allocation, thereby helping to 
ensure that the target TACs are not exceeded, without compromising the 
safety benefits of being able to defer some fishing days to the next 
fishing year. Additionally, a significant amount of uncertainty remains 
in the results of the DPWG stock assessment. Changes to monkfish 
management strategies should, therefore, be precautionary, and 
significant liberalization of measures are not justified at this time.
    Comment 3: The commenter was concerned about the dramatic change in 
monkfish stock status resulting from the revised biological reference 
points. The commenter was supportive, however, of all the measures 
included in Framework 5, since they are intended to keep monkfish 
landings within the target TACs.
    Response: NMFS is confident that the revised biological reference 
points proposed by the DPWG represent the best available science on 
monkfish stock status. The measures included in Framework 5, however, 
remain appropriately precautionary due to some level of uncertainty in 
the assessment.

Classification

    The Administrator, Northeast Region, NMFS, determined that 
Framework 5 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.
    This rule has been determined to be not significant for purposes of 
Executive Order 12866.
    The Assistant Administrator for Fisheries (AA) finds good cause 
under 5 U.S.C. 553(d)(3), to waive the 30-day delay in effectiveness of 
this final rule. The need to implement these measures in a timely 
manner to reduce the risk of overfishing in the monkfish fishery, 
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. If Framework 5 measures are not in place at the start of 
the new fishing year (May 1, 2008), continuation of the less 
restrictive measures currently in place would increase the likelihood 
that the target TACs would be exceeded, potentially leading to 
overfishing if the target TACs are exceeded by a substantial amount. 
For example, gillnet vessels could continue to exploit the 3-hour 
provision to bypass effort controls, and certain large-mesh vessels in 
the SFMA would be able to continue fishing for monkfish without a 
sufficient cap on their incidental trip limits.
    This action could not be implemented earlier due to the fact that 
this rulemaking could not be completed until the predicate Council 
actions were completed. The final approval of Framework 5 by the 
Councils did not occur until their November 2007 and December 2007 
meetings, respectively. The NEFMC submitted this action to NMFS on 
January 16, 2008, which did not allow sufficient time for review and 
publication of proposed and final rules prior to the start of the 
fishing year. In order to implement this final rule for the start of FY 
2008, and prevent any negative impacts to the monkfish resource, such 
as overharvesting of the target TACs, resulting from a delay in 
implementation, the AA finds that there is good cause to waive the 30-
day delay in effectiveness.
    Included in this final rule is the FRFA prepared pursuant to 5 
U.S.C. 604(a). The FRFA incorporates the IRFA, a summary of the 
significant issues raised by the public comments in response to the 
IRFA, and NMFS's responses to those comments, and a summary of the 
analyses completed to support the action. A copy of the EA/RIR/IRFA is 
available from the Council (see ADDRESSES).
    The preamble to the proposed rule included a detailed summary of 
the analyses contained in the IRFA, and that discussion is not repeated 
here.

Final Regulatory Flexibility Analysis

Statement of Objective and Need

    A description of the reasons why this action is being taken, and 
the objectives of and legal basis for this final rule are contained in 
the preambles to the proposed rule and this final rule and are not 
repeated here.

Summary of Significant Issues Raised in Public Comments

    Three comments were submitted on the proposed rule, but none were 
specific to the IRFA or the economic effects of the rule. NMFS has 
responded to the comments in the Comments and Responses section of the 
preamble to this final rule. No changes were made to the final rule as 
a result of the comments received.

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

    The Small Business Administration (SBA) defines small businesses in 
the commercial fishing and recreational fishing sectors as firms with 
receipts (gross revenues) of up to $4.0 million and $6.5 million, 
respectively. No large entities participate in this fishery, as defined 
in section 601 of the RFA. Therefore, there are no disproportionate 
impacts between large and small vessels. As of November 30, 2007, there 
were 765 limited access monkfish permit holders and 2,142 vessels 
holding an open access Category E

[[Page 22834]]

permit. In FY 2006, there were 616 limited access permits holders that 
participated in the monkfish fishery based on vessel trip report (VTR) 
records. During the same period, 574 Category E permit holders reported 
landing monkish. Based on VTR information from FY 2006 (the most recent 
FY for which complete information is available) this action would 
affect up to 194 limited access monkfish vessels with carryover DAS; 
101 limited access monkfish gillnet vessels landing monkfish on trips 
less than 3 hours in duration; 3 vessels using large mesh (and not on a 
DAS) or under a Skate Bait LOA in the SNE RMA and landing monkfish 
above the proposed 50 lb (23 kg) per day, up to 150 lb (68 kg) per trip 
incidental catch limit; and 525 vessels with a VMS that fish in the 
NFMA.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    No additional reporting, recordkeeping, or other compliance 
requirements are included in this final rule. This rule does not 
duplicate, overlap, or conflict with other Federal rules.

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

    The effort controls and possession limits modified by this rule are 
constrained by the conservation objectives of the FMP, under the 
authority of the Magnuson-Stevens Act. However, steps were taken to 
minimize economic impacts on small entities by selecting measures that 
have less of an economic impact than the other alternatives considered, 
to the extent possible.
    The preferred alternative to reduce carryover DAS from 10 to 4 
(alternative 2) does not have a substantially different economic impact 
than the alternative to reduce carryover DAS from 10 to 6 (alternative 
1) since only a small number of vessels appear to be constrained by the 
current DAS allocations. However, by further restricting the amount of 
carryover DAS a vessel can carryover from on fishing year to the next, 
the preferred alternative would have a greater probability of keeping 
landings within the target TAC than the other DAS carryover alternative 
or the no action alternative. Allowing up to 4 carryover DAS allows 
limited access monkfish vessels some flexibility to make up for missed 
fishing opportunities, but addresses the Councils' concern that the use 
of these carryover DAS has resulted in overages in the target TAC in 
the SFMA in recent years, which is why this was selected as the 
preferred alternative.
    The preferred alternative to eliminate the 3-hour gillnet provision 
would affect approximately 100 monkfish gillnet vessels that have 
historically taken trips less than 3 hours in duration. However, only 
those vessels that take more trips than available, if using a 15-hour 
DAS (e.g. dividing total DAS by 0.625) could likely be impacted by this 
action. Only 5 monkfish gillnet vessels met this criteria. The 
preferred alternative (alternative 3B) is functionally equivalent from 
an economic impact perspective to the alternative to prohibit the 
landing of monkfish on trips less than 3 hours in duration (alternative 
1) since under either alternative, a limited access monkfish vessel 
would be required to take a 15 hour DAS charge (0.625 DAS) in order to 
land monkfish. However, there were enforceablility concerns with 
alternative 1, which is why alternative 3B was selected as the 
preferred alternative. Alternative 2, which would allow vessels to land 
monkfish on one 3-hour trip per calendar day, would have an even 
smaller economic impact than alternatives 1 and 3B. If more than one 3-
hour trip is taken in a calendar day, all but one trip would no longer 
be allowed, resulting in economic loss to the vessel. However, less 
than 1 percent of 3-hour trips in FY 2006 were the result of more than 
one trip within a calendar day. Similar to alternative 1, this 
alternative was not selected due to enforceability concerns.
    The revision to the incidental catch limit applicable to non-DAS 
vessels in the SFMA affects a relatively small number (3) of vessels. 
In fact, the economic analysis contained in Framework 5 indicates that 
alternative 1A and the no action alternative are functionally the same 
from an economic perspective, but that the preferred alternative (1B) 
would have a marginal affect on revenues for the affected vessels in 
comparison to the other two alternatives. Given the fact that there is 
a minimal difference in economic impacts among the 3 alternatives, 
alternative 1B was selected because it is the more restrictive of the 3 
alternatives; therefore, providing a greater likelihood that this 
measure will help keep monkfish landings within the target TACs.
    In comparison to the no action alternative, the preferred 
alternative to remove the requirement to obtain a Monkfish LOA to fish 
in the NFMA for vessels using a VMS would reduce the administrative 
burden and potentially increase flexibility for limited access monkfish 
vessels, particularly those that fish in both the NFMA and SFMA. 
Although the positive economic effects associated with the preferred 
alternative are likely small, this alternative was selected because it 
would reduce administrative burden and increase flexibility.
    Overall, Framework 5 is expected to have long-term positive impacts 
on affected small entities. Under the new biological reference points 
implemented by this action, monkfish are no longer considered 
overfished, which eliminates the potential need for further management 
restrictions. Continued stability in the management program will 
potentially allow for higher and sustainable yields from the monkfish 
resource. The negative economic impacts from this action are estimated 
to be relatively minor, short-term, and affect comparatively few 
vessels.

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 will be sent 
to all holders of Federal permits issued for the monkfish fishery. In 
addition, copies of this final rule and guide (i.e., permit holder 
letter) are available from NMFS (see ADDRESSES) and at the following 
website: http://www.nero.noaa.gov.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: April 21, 2008
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

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

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

0
2. In Sec.  648.92, paragraphs (a)(1), (b)(3), (b)(4), and (b)(8)(v) 
are revised to read as follows:

[[Page 22835]]

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

* * * * *
    (a) * * *
    (1) End of year carryover. With the exception of a vessel that held 
a Confirmation of Permit History, as described in Sec.  
648.4(a)(1)(i)(J), for the entire fishing year preceding the carryover 
year, a limited access monkfish vessel that has unused monkfish DAS on 
the last day of April of any year may carry over a maximum of 4 unused 
monkfish DAS into the next fishing year. A vessel whose DAS have been 
sanctioned through enforcement proceedings shall be credited with 
unused DAS based on its DAS allocation minus any DAS that have been 
sanctioned.
* * * * *
    (b) * * *
    (3) Accrual of DAS. Same as Sec.  648.53(f).
    (4) Good Samaritan credit. Same as Sec.  648.53(g).
    (8) * * *
    (v) Method of counting DAS. A vessel fishing with gillnet gear 
under a monkfish DAS shall accrue 15 hours monkfish DAS for all trips 
less than or equal to 15 hours in duration. Such vessels shall accrue 
monkfish DAS based on actual time at sea for trips greater than 15 
hours in duration. A vessel fishing with gillnet gear under only a 
monkfish DAS is not required to remove gillnet gear from the water upon 
returning to the dock and calling out of the DAS program, provided the 
vessel complies with the requirements and conditions of paragraphs 
(b)(8)(i)-(v) of this section. A vessel fishing with gillnet gear under 
a joint monkfish and NE multispecies DAS, as required under Sec.  
648.92(b)(2)(i), that is declared as a trip gillnet vessel under the NE 
Multispecies FMP, must remove its gillnet gear from the water prior to 
calling out of the DAS program, as specified at Sec.  648.82(j)(2).
* * * * *

0
3. In Sec.  648.94, paragraphs (c)(3) and (f) are revised to read as 
follows:


Sec.  648.94  Monkfish possession and landing restrictions.

* * * * *
    (c) * * *
    (3) Vessels fishing with large mesh and not fishing under a DAS--
(i) A vessel issued a valid monkfish incidental catch limit (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 with mesh no smaller than 
specified at Sec.  648.80(a)(3)(i) and (a)(4)(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 RMA east of the MA Exemption Area boundary 
with mesh no smaller than specified at Sec.  648.80(b)(2)(i), 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, not to exceed 50 lb (23 kg) tail weight or 166 lb (75 
kg) whole weight of monkfish per day or partial day, up to a maximum of 
150 lb (68 kg) tail weight or 498 lb (226 kg) whole weight per trip. 
For the purpose of converting whole weight to tail weight, the amount 
of whole weight possessed or landed is divided by 3.32.
    (iii) 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 RMA under a Skate Bait Letter of 
Authorization, as authorized under Sec.  648.322(b), 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, not to exceed 50 lb (23 kg) tail weight or 166 lb (75 
kg) whole weight of monkfish per day or partial day, up to a maximum of 
150 lb (68 kg) tail weight or 498 lb (226 kg) whole weight per trip. 
For the purpose of converting whole weight to tail weight, the amount 
of whole weight possessed or landed is divided by 3.32.
    (iv) 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, unless that vessel is 
fishing under a Skate Bait Letter of Authorization in the SNE RMA. Such 
a vessel is subject to the incidental catch limit specified under 
paragraph (c)(3)(iii) of this section. For the purpose of converting 
whole weight to tail weight, the amount of whole weight possessed or 
landed is divided by 3.32.
* * * * *
    (f) Area declaration requirement for a vessel fishing exclusively 
in the NFMA. A vessel intending to fish for, or fishing for, possessing 
or landing monkfish under a multispecies, scallop, or monkfish DAS 
under the less restrictive management measures of the NFMA, must fish 
exclusively in the NFMA for the entire trip. In addition, a vessel 
fishing under a monkfish DAS must declare its intent to fish in the 
NFMA through the vessel's VMS unit. A vessel that is not required to 
and does not possess a VMS unit, such as a vessel that declares DAS 
through the call-in system, must declare its intent to fish in the NFMA 
by obtaining a letter of authorization from the Regional Administrator, 
for a period of not less than 7 days. A vessel that has not declared 
into the NFMA under this paragraph (f) shall be presumed to have fished 
in the SFMA and shall be subject to the more restrictive requirements 
of that area. A vessel that has declared into the NFMA may transit the 
SFMA, providing that it complies with the transiting and gear storage 
provision described in paragraph (e) of this section, and provided that 
it does not fish for or catch monkfish, or any other fish, in the SFMA.
* * * * *
[FR Doc. E8-9116 Filed 4-25-08; 8:45 am]
BILLING CODE 3510-22-S