[Federal Register Volume 82, Number 132 (Wednesday, July 12, 2017)]
[Rules and Regulations]
[Pages 32145-32148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14562]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket Number 170314267-7566-02]
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: Final rule.

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SUMMARY: This action approves and implements regulations submitted by 
the New England and Mid-Atlantic Fishery Management Councils in 
Framework Adjustment 10 to the Monkfish Fishery Management Plan. This 
action sets monkfish specifications for fishing years 2017-2019 (May 1, 
2017 through April 30, 2020). It also increases current days-at-sea 
allocations and trip limits. This action is intended to allow the 
fishery to more effectively harvest its optimum yield.

DATES: This rule is effective July 12, 2017.

ADDRESSES: Copies of Framework Adjustment 10 and the accompanying 
environmental assessment (EA) are available on request from: John K. 
Bullard, Regional Administrator, National Marine Fisheries Service, 55 
Great Republic Drive, Gloucester, MA 01930. Framework 10 and the EA are 
also accessible via the Internet at: https://www.greateratlantic.fisheries.noaa.gov/sustainable/species/monkfish/index.html. These documents are also accessible via the Federal 
eRulemaking Portal: http://www.regulations.gov.

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

SUPPLEMENTARY INFORMATION: 

Background

    The New England and the Mid-Atlantic Fishery Management Councils 
jointly manage the Monkfish Fishery Management Plan (FMP). 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) for each management area. The 
catch limits 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 underharvested its available 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                                                        Average
                                     (mt) for      2013 Landings   2014 Landings   2015 Landings  percent (%) 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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Approved Measures

1. Establish Specifications for Fishing Years 2017-2019

    This action retains the biological reference points previously 
established in Framework 8 (79 FR 41919; July 8, 2014). The overfishing 
limit (OFL) for fishing years 2017-2019 (May 1, 2017 through April 30, 
2020) is 17,805 mt for the NFMA and 23,204 mt for the SFMA. The 
acceptable biological catch (ABC) for each area, which equals the 
annual catch limit (ACL), is 7,592 mt for the NFMA and 12,316 mt for 
the SFMA. Additional background information on these specifications is 
available in the proposed rule (82 FR 21498; May 9, 2017), and is not 
repeated here.
    Although the biological reference points are unchanged, this action 
increases monkfish total allowable landings (TAL), or quotas, for the 
next three fishing years (Table 2). The TALs are derived after reducing 
an assumed amount of discards and a management uncertainty buffer from 
the ABC.

[[Page 32146]]



                                  Table 2--Specification Changes in Framework Adjustment 10 for Fishing Years 2017-2019
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                                           Management uncertainty buffer           Discard rate           Total allowable landings (TAL)
             Management area             ------------------------------------------------------------------------------------------------ TAL change (%)
                                           Previous (%)     Revised (%)    Previous (%)     Revised (%)   Previous  (mt)   Revised  (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Framework 10 updates the discard rates for both management areas 
using operational assessment discard information from fishing years 
2013-2015 (Table 2). These changes slightly increase the discard rate 
in both management areas, which in itself would decrease the TAL.
    However, Framework 10 also reduces the management uncertainty 
buffers to 3 percent (Table 2). The management uncertainty buffers are 
used as an offset between the ACL and TAL to prevent the ACL from being 
exceeded. 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, as previously 
explained, the TALs have been consistently underharvested in both 
areas. As a result, there is little risk of exceeding the TALs and a 
more substantive management uncertainty buffer is no longer necessary.

2. Monkfish DAS and Trip Limit Increases

    This action approves trip limit increases in both management areas 
(Table 3) as well as a DAS increase in the SFMA.

                            Table 3--Trip Limit Changes in Framework Adjustment 10 *
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                                                      NFMA                                  SFMA
           Permit category           ---------------------------------------------------------------------------
                                        Previous limit     Revised limit      Previous limit     Revised limit
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A...................................               No Changes                 610 lb (277 kg)    700 lb (318 kg)
B...................................                                          500 lb (227 kg)    575 lb (261 kg)
                                     --------------------------------------
C...................................    600 lb (272 kg)    900 lb (408 kg)    610 lb (277 kg)    700 lb (318 kg)
D...................................    500 lb (227 kg)    750 lb (340 kg)    500 lb (227 kg)    575 lb (261 kg)
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* Trip limit values are monkfish tail weights.

    In the NFMA, this action increases incidental landing limits for 
Category C and D vessels fishing on a groundfish DAS. Vessels targeting 
groundfish land most of the monkfish in the NFMA. Increasing the 
incidental trip limits for vessels targeting groundfish may increase 
monkfish landings. Increasing the incidental trip limit also allows 
these vessels to retain additional monkfish that otherwise would have 
been discarded when fishing solely on a groundfish DAS under the 
previous (lower) trip limits. This measure reduces the administrative 
burden for most these vessels because they will no longer need to 
declare a monkfish DAS to retain a higher monkfish possession limit.
    In the SFMA, the DAS allocation and trip limits will increase by 15 
percent (Table 3). Monkfish permitted vessels can fish in the SFMA for 
37 DAS (an increase of 5 DAS). 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.

Comments and Responses on Measures Proposed in Framework 10

    We received four comments on the proposed rule, two comments from 
members of the fishing industry and two comments from the general 
public. One commenter suggested that the incidental landing limits for 
the open access fishery be increased. One commenter requested that the 
current management measures should remain unchanged. Two comments 
argued that monkfish need additional protections. We consolidated 
responses to similar comments and our responses are below.
    Comment 1: One commenter stated that vessel trip limits for the 
open-access category vessels (permit Category E) that catch an 
incidental limit of monkfish should increase.
    Response: This suggestion was not considered by the Councils in 
this action, is not within the scope of this action, and would need to 
be proposed in a future action. As a result, the Category E possession 
limits remain unchanged.
    Comment 2: One commenter suggested that no changes be implemented 
due to uncertainties in the fishery.
    Response: Although the stock assessment model was not used in the 
recent operational assessment update, there is still plenty of 
scientific and catch data, which was recently reviewed in an 
operational assessment and endorsed by the Council's Scientific and 
Statistical Committee. This action incorporates the best scientific 
information available. Furthermore, this action retains scientific 
uncertainty buffers between the OFL and ABCs and management uncertainty 
buffers between the ACLs and TALs. These buffers are designed to 
specifically ensure that there is a low likelihood of overfishing the 
monkfish stock. The fishery remains in a healthy state and is currently 
underharvested and underutilized. We are approving this action to 
increase harvests in an effort to better achieve optimum yield.
    Comment 3: Two commenters argued that more restrictive management 
measures are necessary to protect monkfish.
    Response: As explained in Comment 2, the fishery remains in a 
healthy state and is currently underharvested and underutilized. The 
monkfish fishery is not in a rebuilding plan, is not subject

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to overfishing, and is not considered overfished. Measures approved in 
this action will further promote a sustainable fishery.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that the management 
measures implemented in this final rule are necessary for the 
conservation and management of the Monkfish fishery and consistent with 
the Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order (E.O.) 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) at the proposed rule stage that this action would 
not have a significant economic effect on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification, and the initial certification remains 
unchanged. As a result, a final regulatory flexibility analysis is not 
required and none has been prepared.
    The Assistant Administrator for Fisheries finds good cause, under 5 
U.S.C. 553(d)(3), to waive the 30-day delayed effectiveness of this 
action. As explained in the preamble, this rule provides immediate 
benefits to the fishing industry and does not require any new 
regulatory restrictions that would require fishermen to modify their 
fishing operations. Further delay of this action would reduce the 
positive economic impacts that are intended by these measures, prevent 
regulatory discards from being reduced, require the use of unnecessary 
effort controls (e.g., DAS restrictions), retain unnecessary 
administrative measures, and further prevent the fishery from achieving 
optimum yield. This action increases trip limits by 50 percent in the 
NFMA and 15 percent SFMA and increases the DAS that can be fished in 
the SFMA by 15 percent. Increasing the trip limits removes the need for 
many fishermen to use a DAS when fishing for monkfish, reducing the 
administrative burden on fishermen. This modification also provides 
additional fishing opportunities. Increasing the trip limit and 
removing the need for fishermen to utilize a DAS also reduces the risk 
of fishermen discarding monkfish due to trip limit restrictions under a 
DAS. These changes represent substantial benefits to fishermen.
    Furthermore, the fishing year started on May 1, 2017. Since much of 
the fishing effort on monkfish occurs during the months of May and 
June, any additional delay implementing these measures would further 
reduce the positive economic impacts that are intended by these 
measures and frustrate fishermen.
    This action was designed to increase fishing opportunities and 
catch. Any delay in implementing this action reduces the ability for 
the fishery to harvest its optimum yield. For the reasons explained 
above, this action is not subject to the 30-day delayed effectiveness 
provision of the Administrative Procedures Act (APA).

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: July 6, 2017.
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.  648.92, 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), (b)(2)(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

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paragraph (c)(1)(i) of this section on such trips.
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[FR Doc. 2017-14562 Filed 7-11-17; 8:45 am]
 BILLING CODE 3510-22-P