[Federal Register Volume 75, Number 49 (Monday, March 15, 2010)]
[Rules and Regulations]
[Pages 12141-12143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5601]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0907221160-91412-02]
RIN 0648-AY01


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

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to amend the Monkfish Fishery

[[Page 12142]]

Management Plan (FMP) to allow projects funded through the Monkfish 
Research Set-Aside (RSA) Program to carryover unused monkfish RSA days-
at-sea (DAS) into the following fishing year. This final rule also 
makes minor technical changes to the monkfish regulations. The changes 
are purely technical amendments to ensure consistency with the 
operations of the Monkfish RSA Program and to clarify the intent of the 
regulations implementing this program.

DATES: This rule is effective April 14, 2010.

ADDRESSES: This document and other supporting material are available 
online at http://www.regulations.gov or www.nero.nmfs.gov.

FOR FURTHER INFORMATION CONTACT: Anna Macan, Fishery Management 
Specialist, phone (978) 281-9165, or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

Background

    This final rule implements measures to the FMP to allow unused 
monkfish RSA DAS to carryover into the following fishing year. A 
proposed rule for this action was published on October 26, 2009 (74 FR 
54945), with public comments accepted through November 25, 2009. The 
details on the development of this action, including the alternatives 
considered by NMFS, were contained in the preamble of the proposed rule 
and are not repeated here.
    During the development of the Monkfish RSA Program through 
Amendment 2 to the FMP, NMFS implemented a regulation under its 
administrative authority, at section 305(d) of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act) to 
prohibit the carryover of unused monkfish RSA DAS (Sec.  
648.92(c)(1)(v)). NMFS took this action due to the status of the stock 
at the time; at the time Amendment 2 was being implemented, monkfish 
were considered overfished in both management areas, with little sign 
of rebuilding. Since the stock is now considered to be rebuilt, the 
restriction on carrying over RSA DAS is no longer necessary.
    This regulatory amendment allows for the rollover of all unused 
monkfish RSA DAS. Allowing Monkfish RSA DAS to carryover into the 
following fishing year will provide researchers the flexibility they 
need to complete projects funded through the Monkfish RSA Program. If 
carryover DAS are discontinued in the commercial fishery, NMFS will 
reconsider whether rollover of RSA DAS should be allowed under the 
Monkfish RSA Program.

Comments and Responses

    Two comments were received, both in support of the proposed measure 
to allow the rollover of all unused RSA DAS, which NMFS is implementing 
through this final rule.
    Comment 1: One commenter supported the action because, in past 
years, attempts to utilize RSA DAS to conduct key research were 
constrained by the available number of RSA DAS and issues related to 
time and revenue recovery. The commenter stated that this action will 
provide for more flexible implementation of the RSA Program and will 
hopefully promote interest in industry-sponsored research.
    Response: NMFS agrees, and is implementing the measures in this 
final rule.
    Comment 2: The second comment acknowledged general support for this 
action.
    Response: NMFS is implementing the measures in this final rule.

Changes from the Proposed Rule

    This final rule makes additional technical amendments to the 
monkfish research regulatory text at Sec.  648.92(c). The minor changes 
clarify the intent of the regulations and ensure consistency with the 
operations of the Monkfish RSA Program.
    In Sec.  648.92(c)(1)(i), language stating that 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 has been removed. This 
will allow NMFS to publish an RFP in accordance with NOAA Grants Office 
procedures. The text ``from industry'' at the end of that paragraph has 
also been removed to clarify that proposals are solicited from an 
inclusive range of applicants (e.g., research institutions) and are not 
limited to fishing industry members only.
    Section Sec.  648.92(c)(1)(ii) has been revised to reflect that the 
review panel will include subject matter experts, as opposed to 
technical experts.
    Section Sec.  648.92(c)(1)(ii)(B) has been revised to reflect that 
NMFS and the NOAA Grants Office will consider each panels 
recommendations, and that NOAA will provide the final approval of 
projects, which is the current procedure.
    The last sentence in Sec.  648.92(c)(1)(ii)(B) has been removed 
because this action will allow monkfish RSA DAS to carry into the 
following fishing year, making this sentence no longer relevant.

Classification

    The Administrator for the Northeast Region, NMFS, determined that 
the FMP amendment is necessary for the conservation and management of 
the monkfish fishery and that it is consistent with the Magnuson-
Stevens Fishery Conservation and Management Act and other applicable 
laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    In accordance with 5 U.S.C. 553(b)(B), the Assistant Administrator 
finds that advance notice and public comment on the portion of this 
rule that implements the technical changes to the regulations 
implementing the Monkfish RSA Program is not necessary. These technical 
changes are not substantive. They merely revise the regulations to 
clarify their intent and to be consistent with current procedures of 
the Monkfish RSA Program, and are consistent with the FMP.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this final rule, if adopted, will not have a 
significant economic impact on a substantial number of small entities. 
The factual basis for this certification appeared in the preamble of 
the proposed rule. No comments were received regarding the economic 
impact of this action. As a result, a regulatory flexibility analysis 
was not required and none was prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: March 9, 2010.
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.  648.92, paragraphs (c)(1)(i), (c)(1)(ii), (c)(1)(ii)(B), 
(c)(1)(iii), and (c)(1)(v) are revised to read as follows:


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

* * * * *
    (c) * * *
    (1) * * *
    (i) NMFS shall publish a Request for Proposals (RFP) in the Federal 
Register

[[Page 12143]]

consistent with procedures and requirements established by the NOAA 
Grants Office to solicit proposals for the upcoming fishing year that 
are 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 subject matter experts, to review 
proposals submitted in response to the RFP.
* * * * *
    (B) NMFS and the NOAA Grants Office shall consider each panel 
member's recommendation, and NOAA shall 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 through the 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.
* * * * *
    (v) If the Regional Administrator determines that the annual 
allocation of research DAS will not be used in its entirety once all of 
the grant awards have been approved, the Regional Administrator shall 
reallocate the unallocated research DAS as exempted DAS to be 
authorized as described in paragraph (c)(2) of this section, and 
provide notice of the reallocation of DAS in the Federal Register. Any 
allocated research DAS that are not used during the fishing year for 
which they are granted may be carried over into the next fishing year. 
Any unallocated research DAS may not be carried over into the next 
fishing year.
* * * * *
[FR Doc. 2010-5601 Filed 3-12-10; 8:45 am]
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