[Federal Register Volume 82, Number 88 (Tuesday, May 9, 2017)]
[Proposed Rules]
[Pages 21498-21501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09363]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 170314267-7267-01]
RIN 0648-BG48


Fisheries of the Northeastern United States; Monkfish; Framework 
Adjustment 10

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

ACTION: Proposed rule; request for comments.

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SUMMARY: We are proposing to approve and implement regulations 
submitted by the New England and Mid-Atlantic Fishery Management 
Councils in Framework Adjustment 10 to the Monkfish Fishery Management 
Plan. This action would set monkfish specifications for fishing years 
2017-2019 (May 1, 2017, through April 30, 2020). This action would also 
increase current days-at-sea allocations and trip limits to provide 
additional operational flexibility and fishing opportunities. This 
action is needed to allow the fishery to more effectively harvest its 
optimum yield.

DATES: Public comments must be received by May 24, 2017.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2017-0026, by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0026, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to John K. Bullard, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930-2276. Mark the outside of the envelope: 
``Comments on Monkfish Framework 10.''

[[Page 21499]]

    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    New England Fishery Management Council staff prepared an 
environmental assessment (EA) for Monkfish Framework Adjustment 10 that 
describes the proposed action and other considered alternatives. The EA 
provides a thorough analysis of the biological, economic, and social 
impacts of the proposed measures and other considered alternatives, a 
preliminary Regulatory Impact Review, and economic analysis. Copies of 
the Framework 10 EA are available on request from Thomas A. Nies, 
Executive Director, New England Fishery Management Council, 50 Water 
Street, Newburyport, MA 01950. This document is also available from the 
following Internet addresses: http://www.greateratlantic.fisheries.noaa.gov/ or http://www.nefmc.org.

FOR FURTHER INFORMATION CONTACT: William Whitmore, Fishery Policy 
Analyst, (978) 281-9182.

SUPPLEMENTARY INFORMATION: 

Background

    The monkfish fishery is jointly managed under the Monkfish Fishery 
Management Plan (FMP) by the New England and the Mid-Atlantic Fishery 
Management Councils. The fishery extends from Maine to North Carolina 
from the coast out to the end of the continental shelf. The Councils 
manage the fishery as two management units, with the Northern Fishery 
Management Area (NFMA) covering the Gulf of Maine (GOM) and northern 
part of Georges Bank, and the Southern Fishery Management Area (SFMA) 
extending from the southern flank of Georges Bank through Southern New 
England and into 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 
target total allowable landings (TAL) and the annual catch target 
((ACT), which is the TAL plus an estimate of expected discards) for 
each management area. Both the ACT and the TAL are calculated to 
maximize yield in the fishery over the long term. Based on a yearly 
evaluation of the monkfish fishery, the Councils may revise existing 
management measures through the framework provisions of the FMP to 
better achieve the goals and objectives of the FMP and achieve optimum 
yield, as required by the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act).
    The monkfish fishery has not fully harvested its quota since 2011. 
The fishery harvested less than 70 percent of its quota in the last 
three years (Table 1). The Councils developed Framework 10 to enhance 
the operational efficiency of existing management measures in an effort 
to better achieve optimum yield.

                        Table 1--Monkfish Landings Comparison for Fishing Years 2013-2015
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                                    Target TAL
                                     (mt) for      2013 Landings   2014 Landings   2015 Landings   Average % of
         Management area           fishing years       (mt)            (mt)            (mt)         TAL landed
                                     2013-2015                                                       2013-2015
----------------------------------------------------------------------------------------------------------------
NFMA............................           5,854           3,596           3,403           4,080              63
SFMA............................           8,925           5,088           5,415           4,733              57
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Proposed Measures

1. Establish Specifications for Fishing Years 2017-2019

    This action proposes to increase monkfish quotas for the next three 
fishing years (Table 2). Findings from the 2016 monkfish operational 
assessment support these quota increases. The 2016 assessment did 
update several indicators including commercial fishery statistics, 
fishery-independent survey indices, and fishery performance indices. 
The 2016 operational assessment also provided a plan for setting catch 
advice. It should be noted, though, that the 2016 monkfish operational 
assessment did not update the population model used in previous 
assessments because new information revealed problems with the methods 
used to estimate monkfish age and growth. Despite this, based on 
updated data from the assessment, the New England Fishery Management 
Council's Scientific and Statistical Committee (SSC) recommended 
retaining the status quo overfishing limit (OFL) and allowable 
biological catch limit (ABC) for both management areas for fishing 
years 2017-2019 (May 1, 2017, through April 30, 2020). The OFL would be 
17,805 mt for the NFMA and 23,204 mt for the SFMA. The ABC, which 
equals the annual catch limit (ACL), would stay at 7,592 mt for the 
NFMA and 12,316 for the SFMA.
    Framework 10 updates the discard rates for both management areas 
based on catch data updated in the 2016 operational assessment (Table 
1). The previous discard rate is calculated as the ratio of discards to 
catch from fishing years 2004-2006. The proposed discard rate would use 
discard information from fishing years 2013-2015. The proposed changes 
would increase the discard rate in the NFMA from 10.9 percent to 13.9 
percent, and from 22.5 percent to 24.6 percent in the SFMA.
    The proposed TALs would increase because of modifications to the 
management uncertainty buffers. Framework 10 proposes to reduce the 
management uncertainty buffers in both management areas to 3 percent 
(Table 2). The current management uncertainty buffers are 13.5 percent 
in the NFMA and 6.5 percent in the SFMA. The approach used to calculate 
discards has performed well in the past; an adequate amount of discards 
has been forecasted, reducing the likelihood of the ACL being exceeded. 
Further, the TALs have been consistently underharvested in both areas 
(Table 1). For these reasons, this action proposes to reduce the 
management uncertainty buffer.

[[Page 21500]]



                                           Table 2--Proposed Specification Changes in Framework Adjustment 10
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                                           Management uncertainty buffer           Discard rate           Total allowable landings (TAL)
             Management area             ------------------------------------------------------------------------------------------------ TAL change (%)
                                            Current (%)    Proposed (%)     Current (%)    Proposed (%)    Current (mt)    Proposed (mt)
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NFMA....................................            13.5               3            10.9            13.9           5,854           6,338            8.27
SFMA....................................             6.5               3            22.5            24.6           8,925           9,011            0.96
--------------------------------------------------------------------------------------------------------------------------------------------------------

2. Monkfish DAS and Trip Limit Increases

    Framework 10 proposes trip limit increases in both management areas 
as well as a DAS increase in the SFMA.
    In the NFMA, incidental landing limits for vessels fishing on a 
groundfish DAS would increase from 600 lb (272 kg) to 900 lb (408 kg) 
tail weight/DAS for Category C permitted vessels and from 500 lb (227 
kg) to 750 lb (340 kg) tail weight/DAS for Category D permitted 
vessels. Vessels targeting groundfish land most of the monkfish in the 
NFMA. Increasing the incidental trip limits for vessels targeting 
groundfish may increase monkfish landings; however, analyses suggest 
that a substantial increase is unlikely. This measure would reduce the 
administrative burden for most Category C and D permitted vessels 
because they would no longer need to declare a monkfish DAS to retain a 
higher monkfish possession limit. Increasing the incidental trip limit 
would also allow these vessels to retain additional monkfish that 
otherwise would have been discarded when fishing solely on a groundfish 
DAS under the current (lower) trip limits.
    In the SFMA, the DAS allocation and trip limits would increase by 
15 percent. Monkfish permitted vessels could fish in the SFMA for 37 
DAS. Trip limits for permit Category A and C vessels would increase 
from 610 lb (277 kg) to 700 lb (318 kg) tail weight/DAS and from 500 lb 
(227 kg) to 575 lb (261 kg) tail weight/DAS for Category B and D 
permitted vessels. The majority of monkfish landings in the SFMA come 
from vessels directly targeting monkfish. Vessels directing on monkfish 
in the SFMA are more restricted by DAS allocations and trip limits than 
vessels fishing in the NFMA. Therefore, these trip limit and DAS 
increases are projected to generate more fishing opportunities and 
landings in the SFMA.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has made a preliminary determination that 
this proposed rule is consistent with the Monkfish FMP, Framework 10, 
provisions of the Magnuson-Stevens Act, and other applicable law, 
subject to further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this action, if adopted, would not have a 
significant economic effect on a substantial number of small entities.
    As outlined in the preamble of this rule, the purpose of this 
action is to implement Framework 10 to the Monkfish FMP. Framework 10 
would set monkfish specifications for fishing years 2017-2019. As 
proposed, the TAL of monkfish in both the NFMA and SFMA would increase 
slightly. This action would also increase trip limits in both 
management areas and the DAS allocations that could be fished in the 
SFMA. As a result, this action would increase operational flexibility, 
fishing opportunities, and revenue. Current monkfish quotas have been 
underharvested for the past several years. This framework is needed to 
allow the fishery to more effectively harvest its optimum yield. This 
action seeks to fulfill the purpose and need while meeting the 
overarching goals and objectives of the Monkfish FMP.
    As of May 1, 2015 (beginning of fishing year 2015), NMFS had issued 
798 limited-access monkfish permits. Ownership entities are identified 
on June 1st of each year based on the list of all permit numbers, for 
the most recent complete calendar year, that have applied for any type 
of Northeast Federal fishing permit. The current ownership data set is 
based on calendar year 2015 permits and contains gross sales associated 
with those permits for calendar years 2013 through 2015.
    For RFA purposes only, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (see 50 CFR 200.2). A business primarily 
engaged in commercial fishing (NAICS code 11411) is classified as a 
small business if it is independently owned and operated, is not 
dominant in its field of operation (including its affiliates), and has 
combined annual receipts not in excess of $11 million for all its 
affiliated operations worldwide. The determination as to whether the 
entity is large or small is based on the average annual revenue for the 
three years from 2013 through 2015.
    Ownership data collected from permit holders indicate that there 
are 390 distinct business entities that hold at least one limited-
access monkfish permit. Of these 390 entities, 34 do not have revenues 
(are inactive). Of the 390 entities, 382 entities are categorized as 
small and 8 are categorized as large entities per the NMFS guidelines. 
All 390 entities could be directly regulated by this proposed action. 
There are 38 entities that are ``monkfish dependent'' (greater than 50 
percent of the entity's gross sales are from the sales of monkfish) and 
all are considered small entities.
    This action, which updates specifications and increases DAS and 
trip limits, would provide monkfish fishermen with additional fishing 
opportunities and enhance their operational flexibility.
    The measures proposed in Framework 10 are expected to have a 
positive economic effect on small entities. It could further increase 
catch per unit effort; well accepted economic theory holds that this 
will result in increased profitability, all else held constant. 
Providing increased fishing opportunities should increase landings and 
profits.
    This action is not expected to have a significant economic impact 
on a substantial number of small entities. The effects on the regulated 
small entities identified in this analysis are expected to be positive 
relative to the no action alternative, which would result in lower 
TALs, fewer DAS, and lower trip limits than the proposed action. Under 
the proposed action, small entities would not be placed at a 
competitive disadvantage relative to large entities, and the 
regulations would not reduce the profit for any small entities. As a 
result, an initial regulatory

[[Page 21501]]

flexibility analysis is not required and none has been prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: May 4, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 648 is 
proposed to be 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, revise paragraph (b)(1)(ii) to read as follows:


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

* * * * *
    (b) * * *
    (1) * * *
    (ii) DAS restrictions for vessels fishing in the SFMA. A vessel 
issued a limited access monkfish permit may not use more than 37 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.
* * * * *
0
3. In Sec.  648.94, revise paragraphs (b)(2)(i) and (ii) and (b)(3)(i) 
to read as follows:


Sec.  648.94  Monkfish possession and landing restrictions.

* * * * *
    (b) * * *
    (2) Vessels fishing under the monkfish DAS program in the SFMA--(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 700 lb (318 kg) tail weight or 2,037 lb (924 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 575 lb (261 kg) tail weight or 1,673 lb (759 
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) Category C, D, F, G, and H vessels fishing under the 
multispecies DAS program--(i) NFMA. Unless otherwise specified in 
paragraph (b)(1) of this section, a vessel issued a limited access 
monkfish Category C permit that fishes under a NE multispecies DAS, and 
not a monkfish DAS, exclusively in the NFMA may land up to 900 lb (408 
kg) tail weight or 2,619 lb (1,188 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 permit that fishes 
under a NE multispecies DAS, and not a monkfish DAS, exclusively in the 
NFMA may land up to 750 lb (340 kg) tail weight or 2,183 lb (990 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.
* * * * *
[FR Doc. 2017-09363 Filed 5-8-17; 8:45 am]
 BILLING CODE 3510-22-P