[Federal Register Volume 79, Number 138 (Friday, July 18, 2014)]
[Rules and Regulations]
[Pages 41918-41926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16959]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 130726661-4551-02]
RIN 0648-BD56


Fisheries of the Northeastern United States; Monkfish; Framework 
Adjustment 8

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

ACTION: Final rule.

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SUMMARY: NMFS approves and implements measures included in Framework 
Adjustment 8 to the Monkfish Fishery Management Plan. This action 
increases monkfish day-at-sea allocations and landing limits, allows 
vessels issued a limited access monkfish Category H permit to fish 
throughout the Southern Fishery Management Area, and enables vessels to 
use an allocated monkfish-only day-at-sea at any time throughout the 
fishing year. It also revises biological reference points for the 
monkfish stocks in the Northern and Southern Fishery Management Areas 
based on an updated stock assessment. The approved measures are 
intended to increase monkfish landings and better achieve optimum yield 
in each fishery management area, increase operational flexibility to 
maximize the value of available fishing opportunities, and ensure that 
management measures are based on the best scientific information 
available.

DATES: This final rule is effective on July 18, 2014.

ADDRESSES: We prepared a Final Regulatory Flexibility Analysis (FRFA), 
which consists of the Initial Regulatory Flexibility Analysis (IRFA), 
public comments and responses, and the

[[Page 41919]]

summary of impacts and alternatives contained in the Classification 
section of the preamble of this final rule. Copies of the supporting 
biological, economic, and social impact analysis for this action are 
contained in the environmental assessment (EA) prepared for this rule, 
and may be found at the following Internet address: http://www.nero.noaa.gov/regs/2014/May/14monkfishfw8ea.pdf. Paper copies of 
the Framework 8 EA are available on request from Thomas A. Nies, 
Executive Director, New England Fishery Management Council, 50 Water 
Street, Newburyport, MA 01950. Copies of the small entity compliance 
guide are available from the John K. Bullard, Regional Administrator, 
National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, 
MA 01930-2276.

FOR FURTHER INFORMATION CONTACT: Douglas Christel, Fishery Policy 
Analyst, (978) 281-9141, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION:

Background

    The New England and the Mid-Atlantic Fishery Management Councils 
develop management measures governing the monkfish fishery under the 
Monkfish Fishery Management Plan (FMP). The Councils manage the fishery 
as two management units, with the Northern Fishery Management Area 
(NFMA) covering the Gulf of Maine and northern part of Georges Bank, 
and the Southern Fishery Management Area (SFMA) extending from the 
southern flank of Georges Bank through the Mid-Atlantic Bight to North 
Carolina. The monkfish fishery is primarily managed by landing limits 
and a yearly allocation of monkfish days-at-sea (DAS) calculated to 
enable vessels participating in the fishery to catch, but not exceed, 
the annual catch limit in each management area.
    In May 2013, we conducted an operational stock assessment to update 
monkfish biological reference points and provide projections to set 
future catch levels. The New England Council's Scientific and 
Statistical Committee (SSC) reviewed the results of that assessment and 
additional analysis by the Councils' Plan Development Team, but 
concluded that no changes to existing catch levels are warranted at 
this time. The Councils concurred with the SSC's conclusions, and did 
not propose any changes to existing catch levels. Accordingly, existing 
catch levels remain in place until changed by a future management 
action (see Table 1).

  Table 1--Monkfish Catch Levels Continued Under Framework Adjustment 8
------------------------------------------------------------------------
                                           Monkfish management area
             Catch limit             -----------------------------------
                                            NFMA              SFMA
------------------------------------------------------------------------
Acceptable Biological Catch (ABC)...  7,592 mt........  12,316 mt.
    Annual Catch Limit (ACL)
    Annual Catch Target (ACT).......  6,567 mt........  11,513 mt.
Total Allowable Landings (TAL)......  5,854 mt........  8,925 mt.
------------------------------------------------------------------------

    In recent years, the monkfish fishery has failed to achieve optimum 
yield (OY) because it has not fully harvested the Annual Catch Target 
(ACT) specified for each year, particularly in the NFMA. Further, 
members of the monkfish fishing industry have indicated that existing 
regulations reduce their ability to maximize available monkfish fishing 
opportunities and land more monkfish, particularly restrictions on when 
monkfish-only DAS may be used and where vessels issued limited access 
monkfish Category H permits may fish. The Councils developed Framework 
8 to incorporate the results of the latest monkfish stock assessment, 
and to revise measures to better achieve OY and enhance the operational 
efficiency of existing management measures. We published a proposed 
rule to implement measures proposed in Framework 8 on May 27, 2014 (79 
FR 30065), with public comments accepted through June 11, 2014. A full 
summary of the development of Framework 8 and the purpose of each 
proposed measure is included in that rule, and in the EA developed for 
this action (see ADDRESSES).

Approved Measures

    The following summarizes the approved Framework 8 measures. These 
measures build upon the provisions implemented by previous management 
actions, and are intended to either supplement or replace existing 
regulations, as described for each measure. This final rule also 
includes revisions to regulations that are not specifically identified 
in Framework 8, but are necessary to correct errors or clarify existing 
provisions, as authorized by section 305(d) of the Magnuson-Stevens 
Fishery Conservation and Management Act.
    Because measures proposed under Framework 8 and implemented through 
this final rule did not become effective until after the start of 
fishing year (FY) 2014 on May 1, 2014, all monkfish catch since May 1, 
2014, will be deducted from the catch levels specified in Table 1 for 
FY 2014. Further, consistent with the regulations at 50 CFR 
648.96(a)(3)(iv), any monkfish DAS used by a vessel on or after the 
start of FY 2014 will be counted against the monkfish DAS allocation 
the vessel ultimately receives during FY 2014 upon the implementation 
of measures approved under this action.

1. Revised Biological and Management Reference Points

    This action updates the monkfish biological and management 
reference point values to be consistent with those recommended by the 
SSC and the best available scientific information from the 2013 
monkfish operational assessment (see Table 2). These reference points 
are used to determine if overfishing is occurring on either stock 
(fishing mortality rate (F) threshold (FThreshold)), if 
either stock is overfished (biomass (B) threshold 
(BThreshold)), or if either stock is rebuilt 
(BTarget).

[[Page 41920]]



     Table 2--Comparison of Monkfish Biological Reference Points Between SAW 50 (2010) and the 2013 Monkfish
                                                Assessment Update
----------------------------------------------------------------------------------------------------------------
                                                                             SAW 50 and       2013 Operational
       Monkfish management area             Biological reference point        2010  SSC      assessment and SSC
                                                                               review              review
----------------------------------------------------------------------------------------------------------------
NFMA..................................  FMAX (threshold).................           0.43                   0.44
                                        BTarget..........................      52,930 mt              46,074 mt
                                        BThreshold.......................      26,465 mt              23,037 mt
                                        Overfishing Level................      19,557 mt              17,805 mt
                                        Maximum Sustainable Yield........      10,745 mt               9,383 mt
SFMA..................................  FMAX (threshold).................           0.46                   0.37
                                        BTarget..........................      74,490 mt              71,667 mt
                                        BThreshold.......................      37,245 mt              35,834 mt
                                        Overfishing Level................      36,245 mt              23,204 mt
                                        Maximum Sustainable Yield........      15,279 mt              14,328 mt
----------------------------------------------------------------------------------------------------------------

2. Changes to Monkfish DAS Allocations and Landing Limits

    Existing monkfish DAS allocations and landing limits are raised to 
help increase monkfish landings and the proportion of the TAL and ACT 
caught in each area (see Table 3). Under this action, all limited 
access monkfish permits are allocated 46 monkfish DAS. Each permit's 
monkfish DAS allocation is then reduced by 0.8 DAS to set aside 500 
monkfish DAS under the Monkfish Research Set Aside program, resulting 
in 45.2 monkfish DAS (46 DAS--0.8 DAS) allocated to each limited access 
monkfish permit starting in FY 2014. Of this 45.2 monkfish DAS 
allocation, up to 32 may be used in the SFMA. This represents a 5.2 DAS 
increase in a permit's total monkfish DAS allocation, and a 4 DAS 
increase in the number of monkfish DAS that may be used in the SFMA.
    Monkfish incidental landing limits are increased for limited access 
monkfish Category C and D vessels fishing under a Northeast 
multispecies (groundfish) DAS in the NFMA, while monkfish directed 
landing limits are increased for vessels fishing under a monkfish DAS 
in the SFMA (see Table 3). All other monkfish incidental landing limits 
remain the same as those implemented by previous management actions.

               Table 3--Changes to Monkfish DAS Allocations and Landing Limits for Limited Access Monkfish Category A, B, C, and D Permits
                                                                  [In tail weight/DAS]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             Monkfish permit      Monkfish permit
                Management area                          Incidental landing limit              category A/C         category B/D         Monkfish DAS
                                                                                              landing limit        landing limit         allocation *
--------------------------------------------------------------------------------------------------------------------------------------------------------
NFMA...........................................  600 lb (272 kg) for Category C Permits      1,250 lb (567 kg)      600 lb (272 kg)                 45.2
                                                  and 500 lb (227 kg) for Category D
                                                  permits fishing under a groundfish DAS.
                                                ------------------------------------------
                                                 Unchanged for all other situations......
--------------------------------------------------------------------------------------------------------------------------------------------------------
SFMA...........................................  Unchanged...............................      610 lb (277 kg)      500 lb (227 kg)                   32
--------------------------------------------------------------------------------------------------------------------------------------------------------
* The SFMA monkfish DAS allocation represents the maximum number of monkfish DAS that could be used in the SFMA.

    Monkfish DAS allocations and landing limits for vessels issued a 
limited access Category F permit and electing to participate in the 
Offshore Fishery Program in the SFMA are calculated separately from the 
monkfish DAS allocation to all limited access monkfish permits. As 
outlined in Sec.  648.95(g)(2), we calculate the monkfish DAS 
allocation for each Category F permit by dividing the daily landing 
limit when fishing under the Offshore Fishery Program (1,600 lb (726 
kg) tail weight) by the SFMA monkfish landing limit applicable to the 
vessel's monkfish limited access permit category. We then multiply that 
number by the vessel's monkfish DAS allocation (32 DAS in the SFMA plus 
up to 4 DAS carried over from the previous year) to get the permit's 
monkfish DAS allocation when participating in the Offshore Fishery 
Program. Table 4 summarizes the monkfish DAS allocated to Category F 
permits participating in the Offshore Fishery Program under this 
action.

            Table 4--Monkfish DAS Allocated to Permits Participating in the Offshore Fishery Program
----------------------------------------------------------------------------------------------------------------
    If your original monkfish limited access permit      Your maximum monkfish DAS allocation under the Offshore
                   category is . . .                                  Fishery Program will be . . .
----------------------------------------------------------------------------------------------------------------
                                                A or C                                                13.7 DAS
----------------------------------------------------------------------------------------------------------------
                                           B, D, or H                                                 12.4 DAS
----------------------------------------------------------------------------------------------------------------


[[Page 41921]]

3. Modified Monkfish DAS Usage Requirements

    Limited access monkfish Category C and D vessels may now use 
monkfish-only DAS at any time throughout the FY under this action. 
Monkfish-only DAS are a permit's monkfish DAS allocation in excess of 
that permit's allocation of groundfish Category A DAS at the beginning 
of the FY. Under this action, a vessel no longer has to use all of its 
allocated groundfish DAS in conjunction with allocated monkfish DAS 
before it can use any remaining monkfish-only DAS. A vessel will be 
charged monkfish DAS based upon the monkfish DAS type declared via the 
interactive voice response (call-in) system or the vessel monitoring 
system before each trip. These changes will help vessels maximize the 
economic value of monkfish fishing opportunities by enabling vessels to 
use monkfish-only DAS to selectively target monkfish earlier in the FY 
with minimal bycatch of groundfish, and later use both monkfish and 
groundfish DAS to fish for monkfish when groundfish are more abundant 
and could be landed in greater amounts, particularly in the SFMA.

4. Expanded Boundary Line for Monkfish Limited Access Permit Category H 
Vessels

    A vessel issued a limited access monkfish Category H permit may now 
fish throughout the SFMA. This action eliminates the previous 
restriction limiting such vessels to fish for monkfish south of 
38[deg]40' N lat. This provides greater operational flexibility to 
vessel operators, and enables them to maximize opportunities to fish 
for monkfish.

5. Corrections and Clarifications to Existing Regulations

    We have made the following corrections to existing regulations to 
address inadvertent errors, omissions, and ambiguities in existing 
regulations under the authority provided to the Secretary of Commerce 
in section 305(d) of the Magnuson-Stevens Act.
    In Sec.  648.2, a definition of ``monkfish-only DAS'' is inserted 
to clarify the use of that term in the monkfish effort-control program 
provisions specified at Sec.  648.92. The new definition specifies that 
a permit's initial allocation of monkfish-only DAS would be based upon 
the difference between a permit's monkfish and NE multispecies Category 
A DAS allocation at the beginning of the FY, but may vary throughout 
the FY based upon the acquisition or relinquishment of groundfish DAS 
under the NE Multispecies DAS Leasing Program.
    In Sec.  638.92, paragraph (b)(3) is revised to state that, with 
the exception of monkfish DAS charged when fishing with gillnet gear 
pursuant to Sec.  648.92(b)(8)(v), all monkfish DAS fished shall be 
charged to the nearest minute.
    In Sec.  648.93, paragraph (b) is deleted and paragraphs (a)(1) and 
(a)(2) are designated as paragraphs (a) and (b), respectively.
    In Sec.  648.94, paragraph (f) is revised to clarify that a vessel 
operator may declare his/her intent to fish in the NFMA via the vessel 
monitoring system or the interactive voice response call-in system.

Comments and Responses on Measures Proposed in the Framework 8 Proposed 
Rule

    We received two comments during the comment period on the proposed 
rule for this action from one individual and one organization 
representing commercial seafood processors. Please note in considering 
the responses to comments below that NMFS may only approve or 
disapprove measures proposed in a fishery management plan, amendment, 
or framework adjustment, and may not change or substitute any measure 
in a substantive way, pursuant to section 304(a)(3) of the Magnuson-
Stevens Act.

General Comments

    Comment 1: One commenter opposed making defining OY the 
responsibility of NMFS, suggesting that the first goal should be to 
protect fish from commercial fishing entities. This commenter 
recommended reducing monkfish catch limits by 50 percent immediately, 
suggesting that existing catch limits are unsustainable.
    Response: The Magnuson-Stevens Act, not NMFS, makes NMFS 
responsible for, and defines, the OY (see 16 U.S.C. Sec.  1851 and 50 
CFR Sec.  600.310). In Amendment 5 (76 FR 30265; May 25, 2011), the 
Councils further specified that OY in the Monkfish FMP means fully 
harvesting the ACT in each area, consistent with the National Standard 
1 guidelines (74 FR 3178; January 16, 2009). This action does not 
revise the definition of OY in the Monkfish FMP or Magnuson-Stevens 
Act, but rather revises monkfish regulations to more effectively 
achieve OY, as required by the Magnuson-Stevens Act.
    As specified in the proposed rule for this action, we conducted an 
operational assessment for both monkfish stocks in 2013 to provide 
information relevant for setting monkfish catch levels beginning in FY 
2014. According to that assessment, both monkfish stocks are rebuilt 
and neither overfished, nor subject to overfishing. While acknowledging 
the uncertainty in the latest monkfish assessment and that it provides 
both positive and negative indications of stock status, the Councils 
and the SSC concluded that changes to existing catch levels are not 
warranted at this time. Therefore, this action maintains existing 
monkfish catch limits in both areas.
    Comment 2: One organization representing commercial seafood 
processors supported any efforts that will increase monkfish landings. 
This group claimed that the FMP has prevented fishermen from fully 
harvesting the total allowable landings (TAL) amounts in recent years, 
with landings averaging 62 and 67 percent of the TAL from the NFMA and 
SFMA, respectively, during the past 4 years. This group suggested that 
the proposed measures are unlikely to substantially increase monkfish 
landings, because they provide no real incentive for fishermen to land 
monkfish. While this group believes that the proposed increased 
monkfish DAS will lead to higher monkfish landings from the SFMA, they 
recommend that we increase the NFMA incidental monkfish landing limit 
by 75 percent to more effectively increase monkfish landings, because 
75 percent of NFMA monkfish landings occur when targeting other 
species.
    Response: We also support efforts to increase monkfish landings and 
more fully realize OY in the monkfish fishery. As noted above, and in 
the preamble of the proposed rule for this action, Framework 8 is 
intended to increase incentives and opportunities to land monkfish 
compared to recent years. The Councils' Monkfish Plan Development Team 
investigated why existing measures have not provided sufficient 
incentive to land monkfish in recent years, but failed to reach any 
definitive conclusions. It is likely that there are many dynamic 
factors influencing incentives to land monkfish, including market 
price, reduced catch limits and other restrictions in the groundfish 
fishery, additional fishing opportunities in other fisheries, and fish 
availability. Both NMFS and the Councils will continue to monitor the 
fishery and adjust measures, as necessary, to achieve OY and FMP 
objectives, as required by the Magnuson-Stevens Act.
    We recognize that the 75 percent of monkfish landed from the NFMA 
are incidental landings when targeting other fisheries, mostly 
groundfish. Based on industry input, the Councils proposed

[[Page 41922]]

increasing incidental landing limits as the primary means of increasing 
monkfish landings in the NFMA under Framework 8. This action increases 
incidental monkfish landing limits for vessels fishing on a groundfish 
DAS in the NFMA by 100 percent for Category C vessels (from 300 lb (136 
kg) to 600 lb (272 kg) tail weight per DAS) and 67 percent for Category 
D vessels (from 300 lb (136 kg) to 500 lb (227 kg) tail weight per 
DAS). Framework 8 does not increase incidental landing limits by 75 
percent for Category D vessels, as recommended by the commenter. This 
was because the Councils wanted to increase incidental landing limits 
in a manner that would preserve the approximate differential fishing 
opportunities associated with the two permit categories. Accordingly, 
the Councils increased the incidental monkfish landing limit for 
Category C permits more than Category D permits, because such permits 
landed more monkfish during the original qualification period for their 
limited access monkfish permits. Because incidental monkfish landings 
by Category C vessels represent the majority of incidental monkfish 
landings from the NFMA, this action should increase incidental monkfish 
landings from the NFMA by an amount very close to the amount that would 
result from the measures recommended by the commenter. Therefore, we 
did not change the proposed NFMA monkfish incidental landing limits 
through this action.

Changes From the Proposed Rule

    We have not made any changes to the proposed regulations published 
in the proposed rule for this action.

Classification

    The Administrator, Greater Atlantic Region, NMFS, determined that 
Framework 8 is necessary for the conservation and management of the 
monkfish fishery, and that it is consistent with the Magnuson-Stevens 
Act and other applicable laws.
    There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day 
delay in effective date because delaying the effectiveness of this rule 
is contrary to the public interest. This rule increases monkfish DAS 
allocations from 40 to 46 DAS, increases both targeted and incidental 
monkfish landing limits, eliminates the provision restricting when 
vessels can use monkfish-only DAS, and increases the area in which 
monkfish Category H permits may target monkfish. The Councils developed 
these measures to increase monkfish landings and associated fishing 
revenue to more effectively achieve OY in the fishery. Increased 
monkfish landings may also help alleviate substantial economic and 
social impacts associated with substantially reduced fishing 
opportunities in the groundfish fishery in recent years. Further, by 
eliminating both the monkfish-only DAS use restriction and the northern 
boundary for Category H permits, this action also eases restrictions 
that unnecessarily reduce the efficient utilization of available 
monkfish fishing opportunities for certain vessels. Accordingly, 
delaying this action for 30-days is contrary to the public interest, 
because it would unnecessarily delay the public's ability to take 
advantage of increased opportunities to catch and land monkfish and 
benefit from the associated economic benefits of higher monkfish 
landings. A swift implementation of this final action increases the 
likelihood that affected entities will be able to catch and land more 
monkfish, resulting in additional fishing revenue and minimizing the 
chances of continued negative economic impacts due to the recently 
reduced groundfish quotas. Further, since this rule imposes no further 
restrictions on the monkfish fishery that would alter existing fishing 
practices or require affected entities to acquire additional equipment, 
there is no need to delay implementation of this action to provide 
affected entities sufficient time to prepare for the implementation of 
this action. Thus, there is good cause under 5 U.S.C. 553(d)(3) to 
waive the delay in effectiveness for this action.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This final rule does not contain policies with federalism or 
``takings'' implications, as those terms are defined in E.O. 13132 and 
E.O. 12630, respectively.
    A Final Regulatory Flexibility Act (FRFA) analysis was prepared for 
this action. The FRFA incorporates the Initial Regulatory Flexibility 
Act (IRFA) analysis, a summary of the significant issues raised by the 
public comments in response to the IRFA, NMFS' responses to those 
comments, a summary of the analyses completed in the Framework 8 EA, 
and this portion of the preamble. A summary of the IRFA was published 
in the proposed rule for this action and is not repeated here. A 
description of why this action was considered, the objectives of, and 
the legal basis for this rule is contained in Framework 8 and in the 
preamble to the proposed and this final rule, and is not repeated here. 
All of the documents that constitute the FRFA are available from NMFS 
(see ADDRESSES).

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

    The public did not raise any significant issues in response to the 
IRFA, so no changes were made from the proposed rule.

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

    This action would affect any vessel issued a valid Federal limited 
access monkfish permit. NMFS issued 625 limited access monkfish permits 
during FY 2013, including 20 Category A permits, 41 Category B permits, 
279 Category C permits, 264 Category D permits, 14 Category F permits, 
and 7 Category H permits. Also, there were 1,594 open access Category E 
monkfish permits. In recent years, the number of active permits (i.e., 
those actually landing monkfish during the FY) has been lower than the 
number issued permits. Therefore, it is likely that a subset of these 
entities will be affected by this action. A more complete description 
of the monkfish fishery is found in section 4.0 of the EA prepared for 
this action (see ADDRESSES).
    The Small Business Administration (SBA) defines a small business in 
the finfish fishing sector (NAICS code 114111) as a firm or affiliate 
group with gross revenue of $19.0 million; and the shellfish fishing 
sector (NAICS code 114112) as a firm or affiliate group with gross 
revenue of $5.0 million or more. NMFS guidelines identify the affiliate 
group (or ``entity'') rather than permit as the appropriate level of 
analysis for regulatory actions. Affiliate groups were identified using 
permit ownership data recently added to the NMFS permit database, with 
designations of large and small entities based on each entity's 3-year 
average ex-vessel revenue. Data from FY 2012 are the most complete data 
available with which to make a determination regarding the size of 
entities affected by the proposed action. During FY 2012, 651 entities 
landed at least one pound of monkfish. Of these, 534 entities were 
composed of a single vessel permit, 110 were composed of 2 to 5 
permits, and 7 were composed of 6 or more permits. Further, 401 
entities were plurality-finfish, while 250 are plurality-shellfish. 
Using the above criteria, of the 651 entities that landed monkfish 
during FY 2012, we classified

[[Page 41923]]

629 entities as ``small,'' while we classified the remaining 22 
entities as ``large'' because they had gross fishing revenue in excess 
of the SBA revenue criteria specified above for small entities.

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

    This action does not contain any new recordkeeping or reporting 
requirements, and does not impose any additional costs to affected 
vessels.

Description of Steps the Agency Has Taken To Minimize the Significant 
Economic Impact on Small Entities Consistent With the Stated Objectives 
of Applicable Statues

    During the development of Framework 8, the Councils considered and 
fully analyzed several alternatives to the measures implemented by this 
action. The No Action Alternatives would have retained the existing 
monkfish DAS allocations, landing limits, and restrictions on when 
monkfish-only DAS can be used and where Category H permits can fish. 
NFMA Alternative 2 would have increased monkfish DAS allocations to 64 
DAS, but kept landing limits the same as those effective in FY 2012. 
SFMA Alternative 3 would have retained existing landing limits and 
increased monkfish DAS allocation to 51 DAS, while SFMA Alternative 4 
would have slightly increased monkfish landing limits, but retained 
existing SFMA monkfish DAS use restrictions. For both areas, the 
Councils did not adopt the No Action Alternatives because the existing 
monkfish DAS, landing limits, and DAS use and area restrictions have 
not achieved OY in recent years, resulting in forgone fishing 
opportunities and associated vessel revenue. Those measures would not 
increase opportunities to land monkfish or the efficiency of vessel 
operations consistent with the purpose and need for this action. For a 
more complete description of the alternatives considered, refer to 
preamble of the proposed rule for this action and the EA prepared for 
this action (see ADDRESSES).
    The Councils considered two alternatives for revisions to when 
monkfish-only DAS could be used and where limited access monkfish 
Category H vessels can fish: The No Action and the preferred 
alternative. Because the Councils adopted the preferred alternatives 
that liberalize when monkfish-only DAS could be used and where limited 
access monkfish Category H permits can fish, we have implemented 
measures under this action that maximize fishing opportunities and 
minimize adverse impacts to affected entities from these provisions.
    The changes to monkfish DAS and landing limits implemented by this 
rule do not maximize revenue among the alternatives considered. When 
evaluated in isolation, we expect the NFMA measures implemented by this 
rule will result in approximately $600,000 more in revenue than 
existing measures (No Action Alternative), but about $650,000 less 
revenue than Alternative 2 measures (increasing monkfish DAS 
allocations to 64 DAS while maintaining existing monkfish landing 
limits). The SFMA measures implemented by this rule would result in 
about $0.7 million more monkfish revenue than expected under existing 
measures (No Action Alternative). Compared to SFMA Alternatives 3 and 
4, the measures implemented by this action would result in $3.2 million 
less monkfish revenue than under Alternative 3 (increasing monkfish DAS 
allocations to 51 DAS while maintaining existing monkfish landing 
limits), but $1.5 million more monkfish revenue than under Alternative 
4 (existing monkfish DAS usage limit, but higher directed landing 
limits). When the revenue streams of all possible combinations of 
alternatives are considered, the measures implemented by this rule 
would increase monkfish revenue by $330,000-$2.3 million compared to 
some combinations of alternatives, but also result in $146,000-$2.6 
million less monkfish revenue compared to other combinations of 
alternatives. Overall, the measures implemented by this action would 
increase monkfish revenue by about $2.3 million compared to existing 
measures.
    Although other alternatives considered by the Councils (NFMA 
Alternative 2 and SFMA Alternative 3) would likely have resulted in 
greater short-term monkfish revenue compared to the measures 
implemented by this action, those alternatives may have had different 
potential impacts on the monkfish resource. All alternatives would have 
resulted in catch that are lower than existing catch limits, with the 
non-selected alternatives likely resulting in higher monkfish catch 
that those implemented by this action. However, during the development 
of Framework 8, some members of the fishing industry and Councils were 
concerned with the high degree of uncertainty in the latest monkfish 
stock assessment update, and that substantially increasing monkfish 
catch may adversely affect the long-term sustainability of the stocks. 
They cited concerns about persistent retrospective patterns in the 
assessment that continue to overestimate biomass and underestimate 
fishing mortality, suggesting that the stock is not as healthy as 
implied by the assessment results. This is similar to comments made by 
the SSC during their review of the latest assessment update. The 
Councils sought to balance interest in increasing monkfish landings and 
associated revenues with concerns about uncertainty in the current 
estimates of stock biomass and the potential that excessive harvest 
could inadvertently lead to overfishing and future reductions in catch 
levels to ensure the long-term sustainability of monkfish stocks. The 
measures implemented by this rule will likely result in a modest 
increase in monkfish landings and associated revenue, without 
increasing the risk that overfishing would occur, particularly after 
consideration of continuing retrospective patterns. Thus, the measures 
adopted and implemented under this action represent a compromise 
between biological and economic benefits to the monkfish fishery that 
attempt to increase short-term economic benefits and minimize the 
potential for long-term reductions in fishing opportunities and 
associated fishing revenue.
    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, we prepared a letter to permit holders that 
also serves as small entity compliance guide (the guide). Copies of 
this final rule are available from the Greater Atlantic Regional 
Fisheries Office. We will send copies of the guide (i.e., permit holder 
letter) to all monkfish permit holders and make both the guide and this 
final rule available upon request.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.


[[Page 41924]]


    Dated: July 14, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    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.  648.2, add a definition for ``Monkfish-only DAS'' in 
alphabetical order to read as follows:


Sec.  648.2  Definitions.

* * * * *
    Monkfish-only DAS means monkfish DAS allocated to a limited access 
monkfish Category C, D, F, G, or H permit that are in excess of that 
permit's initial allocation of Northeast multispecies Category A DAS at 
the beginning of a fishing year.
* * * * *

0
3. In Sec.  648.92, revise paragraphs (b)(1)(i) and (ii), (b)(2) and 
(3), and (b)(9)(i) to read as follows:


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

* * * * *
    (b) * * *
    (1) * * *
    (i) General provision. Each vessel issued a limited access monkfish 
permit shall be allocated 46 monkfish DAS each fishing year which must 
be used in accordance with the provisions of this paragraph (b), unless 
otherwise specified by paragraph (b)(1)(ii) of this section or modified 
by Sec.  648.96(b)(3), or unless the permit is enrolled in the Offshore 
Fishery Program in the SFMA, as specified in paragraph (b)(1)(iv) of 
this section. The annual allocation of monkfish DAS to each limited 
access monkfish permit shall be reduced by the amount calculated in 
paragraph (b)(1)(v) of this section for the research DAS set-aside. 
Unless otherwise specified under this subpart F, a vessel issued a 
limited access NE multispecies or limited access sea scallop permit 
that is also issued 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.
    (ii) DAS restrictions for vessels fishing in the SFMA. A vessel 
issued a limited access monkfish permit may not use more than 32 of its 
46 monkfish DAS allocation in the SFMA during each fishing year. Each 
vessel issued a limited access monkfish permit fishing in the SFMA must 
declare that it is 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.
* * * * *
    (2) Category C, D, F, G, or H limited access monkfish permit 
holders. (i) General provision. Unless otherwise specified in paragraph 
(b)(2)(ii) of this section, each monkfish DAS used by a vessel issued a 
limited access monkfish Category C, D, F, G, or H permit and a limited 
access NE multispecies or scallop DAS permit shall also be counted as a 
NE multispecies or scallop DAS, as applicable. A vessel issued a 
limited access monkfish Category C, D, F, or H permit may not use a NE 
multispecies Category B Regular DAS under the NE Multispecies Regular B 
DAS Program, as specified under Sec.  648.85(b)(6), in order to satisfy 
the requirement of this paragraph (b)(2)(i) to use a NE multispecies 
DAS concurrently with a monkfish DAS.
    (ii) Monkfish-only DAS. When a vessel issued a limited access 
monkfish Category C, D, F, G, or H permit and a limited access NE 
multispecies DAS permit has an allocation of NE multispecies Category A 
DAS, specified under Sec.  648.82(d)(1), that is less than the number 
of monkfish DAS allocated for the fishing year May 1 through April 30, 
that vessel shall be allocated ``monkfish-only'' DAS equal to the 
difference between the number of its allocated monkfish DAS and the 
number of its allocated NE multispecies Category A DAS at the start of 
a fishing year. For example, if a vessel issued a limited access 
monkfish Category D permit is allocated 46 monkfish DAS and 26 NE 
multispecies Category A DAS, it would have 20 monkfish-only DAS at the 
start of each fishing year. The available balance of monkfish-only DAS 
may vary throughout the fishing year based upon monkfish-only DAS usage 
and the acquisition or relinquishment of NE multispecies DAS under the 
NE Multispecies DAS Leasing Program, as specified in paragraph 
(b)(2)(iii) of this section. A vessel issued a limited access monkfish 
Category C, D, F, G, or H permit may use monkfish-only DAS without the 
concurrent use of a NE multispecies DAS at any time throughout the 
fishing year, regardless of the number of NE multispecies Category A 
DAS available. When fishing under a monkfish-only DAS, the vessel must 
fish under the regulations pertaining to a limited access monkfish 
Category A or B permit, as applicable, and may not retain any regulated 
NE multispecies. For example, a vessel issued a limited access monkfish 
Category C permit must comply with the monkfish landing limits 
applicable to a Category A monkfish permit when fishing under a 
monkfish-only DAS.
    (iii) Category C, D, F, G, or H vessels that lease NE multispecies 
DAS. (A) A vessel issued a limited access monkfish Category C, D, F, G, 
or H permit that has monkfish-only DAS, as specified in paragraph 
(b)(2)(ii) of this section, and that leases NE multispecies DAS from 
another vessel pursuant to Sec.  648.82(k), must fish its available 
monkfish-only DAS in conjunction with its leased NE multispecies DAS, 
to the extent that the vessel has NE multispecies DAS available.
    (B) A vessel issued a limited access monkfish Category C, D, F, G, 
or H permit that leases NE multispecies DAS to another vessel(s), 
pursuant to Sec.  648.82(k), must forfeit a monkfish DAS for each NE 
multispecies DAS that the vessel leases, equal in number to the 
difference between the number of remaining NE multispecies DAS and the 
number of unused monkfish DAS at the time of the lease. For example, if 
a lessor vessel that had 31 unused monkfish DAS and 35 allocated NE 
multispecies DAS leased 10 of its NE multispecies DAS to another 
vessel, the lessor would forfeit 6 of its monkfish DAS (10 - (35 NE 
multispecies DAS-31 monkfish DAS) = 6).
    (3) Accrual of DAS. Unless otherwise provided in Sec.  
648.92(b)(8)(v), all monkfish DAS fished shall be charged to the 
nearest minute.
* * * * *
    (9) * * *
    (i) A vessel issued a limited access monkfish Category G or H 
permit may fish under a monkfish DAS only in the SFMA, as defined at 
Sec.  648.91(b).
* * * * *


Sec.  648.93  [Amended]

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4. In Sec.  648.93, remove paragraph (b), and redesignate paragraphs 
(a)(1) and (a)(2) as paragraphs (a) and (b), respectively.

0
5. In Sec.  648.94, revise paragraphs (b)(1)(ii), (b)(2)(i) and (ii), 
(b)(3)(i), (c)(1)(i), and (f) to read as follows:


Sec.  648.94  Monkfish possession and landing restrictions.

* * * * *
    (b) * * *

[[Page 41925]]

    (1) * * *
    (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 600 lb (272 kg) tail weight or 1,746 lb (792 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 2.91). For every 1 lb (0.45 kg) of tail-only weight 
landed, the vessel may land up to 1.91 lb (0.87 kg) of monkfish heads 
only, as described in paragraph (a) of this section.
* * * * *
    (2) * * *
    (i) Category A, C, and G vessels. A vessel issued a limited access 
monkfish Category A, C, or G permit that fishes under a monkfish DAS in 
the SFMA may land up to 610 lb (277 kg) tail weight or 1,775 lb (805 
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 2.91). For every 1 lb (0.45 kg) of tail-only 
weight landed, the vessel may land up to 1.91 lb (0.87 kg) of monkfish 
heads only, as described in paragraph (a) of this section.
    (ii) Category B, D, and H vessels. A vessel issued a limited access 
monkfish Category B, D, or H permit that fishes under a monkfish DAS in 
the SFMA may land up to 500 lb (227 kg) tail weight or 1,455 lb (660 
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 2.91). For every 1 lb (0.45 kg)) of tail-only 
weight landed, the vessel may land up to 1.91 lb (0.87) of monkfish 
heads only, as described in paragraph (a) of this section.
* * * * *
    (3) * * *
    (i) NFMA. A vessel issued a limited access monkfish Category C or F 
permit that fishes under a NE multispecies DAS, and not a monkfish DAS, 
exclusively in the NFMA may land up to 600 lb (272 kg) tail weight or 
1,746 lb (792 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 2.91). A vessel issued a 
limited access monkfish Category D or F permit that fishes under a NE 
multispecies DAS, and not a monkfish DAS, exclusively in the NFMA may 
land up to 500 lb (227 kg) tail weight or 1,455 lb (660 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 2.91). A vessel issued a limited access monkfish 
Category C, D, or F permit participating in the NE Multispecies Regular 
B DAS program, as specified under Sec.  648.85(b)(6), is also subject 
to the incidental landing limit specified in paragraph (c)(1)(i) of 
this section on such trips.
* * * * *
    (c) * * *
    (1) * * *
    (i) NFMA. A vessel issued a valid monkfish incidental catch 
(Category E) permit fishing under a NE multispecies DAS exclusively in 
the NFMA may land up to 300 lb (136 kg) tail weight or 873 lb (396 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 2.91. For every 1 lb (0.45 kg) of tail-only weight landed, 
the vessel may land up to 1.91 lb (0.87 kg) of monkfish heads only, as 
described in paragraph (a) of this section.
* * * * *
    (f) Area declaration requirement for a vessel fishing exclusively 
in the NFMA. A vessel intending to fish for, fishing for, possessing, 
or landing monkfish under a NE 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 or through the vessel call-in 
system, as applicable. A vessel that is not required to and does not 
possess a VMS unit must also declare its intent to fish in the NFMA by 
obtaining a letter of authorization from the Regional Administrator, 
which is effective for a period of not less than 7 days, and fishing 
exclusively in the NFMA during the effective period of that letter of 
authorization. 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.
* * * * *

0
6. In Sec.  648.95, revise paragraphs (a)(2), (c), (e)(3), (f), (g) 
heading, and (g)(1) and (3); and add paragraph (g)(4) to read as 
follows:


Sec.  648.95  Offshore Fishery Program in the SFMA.

    (a) * * *
    (2) A vessel issued a limited access monkfish Category C or D 
permit that applies for and is issued a Category F permit remains 
subject to the provisions specific to Category C and D vessels, unless 
otherwise specified under this subpart F.
* * * * *
    (c) Offshore Fishery Program Area. The Offshore Fishery Program 
Area is bounded on the south by 38[deg] 00' N. lat. and on the north, 
west, and east by the following coordinates, connected in the order 
listed by rhumb lines.

------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
1..............................  41[deg]18.6'         66[deg]24.8'
2..............................  40[deg]55.5'         66[deg]38.0'
3..............................  40[deg]45.5'         68[deg]00.0'
4..............................  40[deg]37.0'         68[deg]00.0'
5..............................  40[deg]30.0'         69[deg]00.0'
6..............................  40[deg]22.7'         69[deg]00.0'
7..............................  40[deg]18.7'         69[deg]40.0'
8..............................  40[deg]21.0'         71[deg]03.0'
9..............................  39[deg]41.0'         72[deg]32.0'
10.............................  38[deg]47.0'         73[deg]11.0'
11.............................  38[deg]04.0'         74[deg]06.0'
------------------------------------------------------------------------

* * * * *
    (e) * * *
    (3) A vessel issued a limited access monkfish Category F permit 
fishing on a monkfish DAS is subject to the minimum mesh size 
requirements specified in Sec.  648.91(c)(1)(i) and (c)(1)(iii), as 
well as the other gear requirements specified in Sec.  648.91(c)(2) and 
(c)(3).
* * * * *
    (f) Transiting. A vessel issued a limited access monkfish Category 
F permit fishing under a monkfish DAS that is transiting to or from the 
Offshore Fishery Program Area, described in paragraph (c) of this 
section, shall have all gear stowed and not available for immediate use 
in accordance with the gear stowage provisions specified in Sec.  
648.23(b).
* * * * *
    (g) Monkfish landing limits and DAS allocations. (1) A vessel 
issued a limited access monkfish Category F permit may land up to 1,600 
lb (726 kg) tail weight or 4,656 lb (2,112 kg) whole weight of monkfish 
per monkfish DAS (or any prorated combination of tail weight and whole 
weight based on the conversion factor for tail weight to whole weight 
of 2.91).
* * * * *

[[Page 41926]]

    (3) A vessel issued a limited access monkfish Category F permit 
that is fishing under a NE multispecies DAS in the NFMA is subject to 
the incidental landing limit specified at Sec.  648.94(b)(3).
    (4) When not fishing on a monkfish DAS, a vessel issued a limited 
access monkfish Category F permit may fish under the regulations 
applicable to the monkfish incidental catch (Category E) permit, 
specified at Sec.  648.94(c).
* * * * *

[FR Doc. 2014-16959 Filed 7-17-14; 8:45 am]
BILLING CODE 3510-22-P