[Federal Register Volume 88, Number 80 (Wednesday, April 26, 2023)]
[Proposed Rules]
[Pages 25351-25357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08622]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 230419-0105]
RIN 0648-BM06


Fisheries of the Northeastern United States; Monkfish; Framework 
Adjustment 13

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

[[Page 25352]]


ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS is proposing to approve and implement specifications 
submitted by the New England and Mid-Atlantic Fishery Management 
Councils in Framework Adjustment 13 to the Monkfish Fishery Management 
Plan. This action would set monkfish specifications for fishing years 
2023 through 2025, adjust annual Days-At-Sea allocations, and increase 
the minimum gillnet mesh size for vessels fishing on monkfish Days-At-
Sea. This action is needed to establish allowable monkfish harvest 
levels and management measures that will prevent overfishing and reduce 
bycatch.

DATES: Public comments must be received by May 11, 2023.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2023-0013, by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2023-0013 in the Search Box. 
Click the ``Comment'' icon, complete the required fields, and enter or 
attach your comments.
    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).
    Copies of the Framework 13 document, including the Regulatory 
Flexibility Act Analysis and other supporting documents for the 
specifications, are available from Thomas A. Nies, Executive Director, 
New England Fishery Management Council, 50 Water Street, Mill 2, 
Newburyport, MA 01950. The specifications document is also accessible 
via the internet at: https://www.nefmc.org/management-plans/monkfish.

FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Policy 
Analyst, (978) 281-9232.

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 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.

Proposed Measures

1. Specifications

    We are proposing to adjust the NFMA and SFMA quotas for fishing 
years 2023 through 2025 (Table 1), based on the Councils' 
recommendations.
    On October 26, 2022, the New England Council's Scientific and 
Statistical Committee (SSC) recommended acceptable biological catch 
(ABC) levels in the NFMA and SFMA for fishing years 2023-2025 based on 
the I-smooth method applied during the 2022 Monkfish Management Track 
Assessment. The I-smooth method is a model-free method for developing 
catch advice that applies a trawl-survey derived multiplier to recent 
3-year catch, and was selected for use for monkfish in the absence of 
an analytic model for either stock. At its December 2022 meeting, the 
New England Council delayed final action on Framework 13 and remanded 
the ABC recommendations back to the SSC for further consideration. 
Specifically, the New England Council requested that the SSC consider 
setting ABCs for the FY 2023-2025 as the average of the I-smooth 
approach and a modified I-smooth that applies the trawl survey 
multipliers to the recent ABCs as an alternative method for determining 
catch advice. The Mid-Atlantic Council concurred with the New England 
Council's delay and remand during its December 2022 meeting. On January 
20, 2023, the SSC met, considered the New England Council requested 
method for determining catch advice, and made an updated ABC 
recommendation. On January 25, 2023, The New England Council approved 
the updated specifications for 2023-2025, and the Mid-Atlantic Council 
did the same on February 7, 2023. The Councils' recommendations are 
based on the results of the 2022 assessment update and the January 20, 
2023, recommendations of the New England Council's SSC.
    The Council recommended specifications include a 25-percent 
decrease in the ABC and annual catch limit (ACL) in the NFMA and a 52-
percent decrease in the ABC and ACL in the SFMA, when compared to the 
2020-2022 specifications. Discards, calculated using the median of the 
most recent 10 years of data, decreased in both areas, but more 
significantly in the SFMA. After accounting for discards, the Councils 
recommend a 20-percent decrease in the TAL for the NFMA and a 41-
percent decrease in the TAL for the SFMA. Despite these changes, both 
Councils recommend no adjustments to day-at-sea allocations or landing 
limits.

                                  Table 1--Proposed Framework 13 Specifications
----------------------------------------------------------------------------------------------------------------
                                                                Northern area                Southern area
                                                       ---------------------------------------------------------
                     Catch limits                         Proposed                      Proposed       Percent
                                                          2023-2025   Percent change    2023-2025    change from
                                                         specs  (mt)    from 2022 *    specs  (mt)     2022 *
----------------------------------------------------------------------------------------------------------------
Acceptable Biological Catch...........................         6,224            -25          5,861           -52
Annual Catch Limit....................................         6,224            -25          5,861           -52
Management Uncertainty (3%)...........................           187  ..............           176  ............
Annual Catch Target (Total Allowable Landings +                6,038            -25          5,685           -52
 discards)............................................

[[Page 25353]]

 
Expected Discards.....................................           729            -51          2,205           -64
                                                       ---------------------------------------------------------
    Total Allowable Landings..........................         5,309            -20          3,481           -41
----------------------------------------------------------------------------------------------------------------
* Percent change from the previously approved 2020-2022 specifications.

    At the end of each fishing year, we evaluate catch information and 
determine if the quota has been exceeded. The regulations at 50 CFR 
648.96(d) require the Councils to revise the monkfish ACT if it is 
determined that the annual catch limit was exceeded in any given year, 
or for NMFS to revise the monkfish ACT if the Councils fail to take 
action. We would publish a notice in the Federal Register of any 
revisions to these proposed specifications if an overage occurs. We 
expect, based on preliminary 2022 year-end accounting, that no 
adjustment is necessary for fishing year 2023. We will provide notice 
of the 2024 and 2025 quotas prior to the start of each respective 
fishing year.

2. Annual DAS Allocations

    Under current regulations, each vessel possessing a limited access 
monkfish permit is annually allocated a total of 46 DAS, of which up to 
37 may be used in the SFMA. This total allocation is reduced by an 
amount necessary to reserve 500 DAS from the entire fishery for the 
Monkfish Research Set-Aside (RSA) Program reach year. In addition, 
vessels may carryover up to 4 unused DAS from one fishing year to the 
next. The amount of DAS ultimately available to a vessel for a given 
fishing year is the sum of the initial allocation, plus any eligible 
DAS carried over and less the annual RSA deduction.
    To ensure that the fishery is able to meet, but not exceed, the new 
TALs proposed for 2023-2025, both Councils recommended that Framework 
13 include a set of changes to the yearly DAS allocation. First, the 
initial allocation of DAS that could previously be used in any area 
would be split into separate DAS allocations for each of the NFMA and 
SFMA. The Councils recommended that each limited access vessel be 
allocated 35 DAS for the NFMA and 37 DAS for the SFMA. Second, the 37 
DAS restriction for the SFMA would be removed and replaced with a new 
limit that would restrict vessels from using more than 46 allocated DAS 
total during each fishing year. Finally, the annual deduction of RSA 
DAS from each limited access vessel's DAS allocation would be applied 
proportionally to the separate DAS allocations for the NFMA and SFMA. 
The DAS carryover provisions would not be changed by this action; 
vessels would be eligible for up to 4 carryover DAS in each fishing 
year that would not count against the allocation limits in either area 
or the general allocated DAS usage restriction.

3. Minimum Gillnet Mesh Size Increase

    To reduce bycatch of small monkfish, both Councils recommended an 
increase in the minimum gillnet mesh size for vessels on a monkfish DAS 
or fishing in the Gulf of Maine/Georges Bank Dogfish and Monkfish 
Gillnet Fishery Exemption from 10 inches (25.4 cm) to 12 inches (30.5 
cm) diamond mesh. This change would go into effect at the beginning of 
May 1, 2026. The additional time would allow any affected vessels not 
already using the larger mesh size time to make the transition as part 
of the normal operation and replacement of worn nets. We expect that 
the delayed implementation will reduce the overall cost of this measure 
to industry.

4. Regulatory Corrections

    Using our authority under section 305(d) of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act), we are 
clarifying the regulation at Sec.  648.92(b)(2)(iii)(B) that describes 
the interaction between the Northeast (NE) multispecies DAS leasing 
program at Sec.  648.82(k) and monkfish DAS balances for category C, D, 
F, G, or H vessels that choose to lease NE multispecies DAS.
    When a category C, D, F, G, or H vessel leases NE multispecies DAS 
to another vessel(s), a certain number of monkfish DAS owned by the 
lessor vessel become unavailable for use. The current regulatory text 
does not clearly explain the method used to determine the number of 
monkfish DAS owned by the lessor vessel that may become unavailable in 
such transactions. In addition, the current numerical example does not 
match preceding written examples, and may be confusing.
    The proposed changes to Sec.  648.92(b)(2)(iii)(B) are intended to 
more clearly describe the interaction between the NE multispecies DAS 
leasing program and monkfish DAS balances for category C, D, F, G, or H 
vessels that choose to lease NE multispecies DAS. The proposed changes 
do not substantively change the way in which monkfish DAS balances are 
affected by leases of NE multispecies DAS.

Classification

    NMFS is issuing this rule pursuant to sections 304(b)(1)(A) and 
305(d) of the Magnuson-Stevens Fishery Conservation and Management Act, 
which provide specific authority for implementing this action. Section 
304(b)(1)(A) authorizes NMFS to initiate an evaluation of proposed 
regulations to determine whether they are consistent with the fishery 
management plan, plan amendment, the Magnuson-Stevens Act and other 
applicable law, and if that determination is affirmative, publish the 
regulations in the Federal Register for public comment.
    Additionally, this rule contains a regulatory correction being 
issued pursuant to MSA section 305(d) that is necessary to carry out 
the Monkfish FMP. The correction is necessary to carry out the Monkfish 
FMP because it clarifies regulations describing how monkfish DAS are 
managed in relation to the Northeast multispecies DAS leasing program. 
A clear description of this process is necessary for the public and 
industry to understand it and make decisions regarding to management of 
DAS. Though this correction is being included in this proposed rule to 
implement Framework 13, it is not part of Framework 13 as approved by 
the Councils. The lack of clarity in the current regulatory text was 
discovered after the approval of Framework 13 by the Councils, and 
could not be included. Making this correction pursuant to 305(d) 
authority allows for

[[Page 25354]]

the correction to be implemented more quickly than otherwise possible. 
Though the correction is consistent with the FMP and review was not 
necessary, the Council did receive the opportunity to review and deem 
the change to the regulatory text necessary and appropriate.
    The NMFS Assistant Administrator has determined that this proposed 
rule is consistent with the Monkfish FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law, subject to further 
consideration after public comment.
    NMFS finds that a 15-day comment period for this action provides a 
reasonable opportunity for public participation in this action, while 
also ensuring that the final specifications are in place as close to 
start of the monkfish fishing year on May 1, 2023, as possible. This 
action was jointly developed by the New England and Mid-Atlantic 
Fishery Management Councils as part of the annual Framework Adjustment 
process, during which final action by the Councils was expected in 
December 2022. However, the Council process was delayed in order to 
provide time for the New England Fishery Management Council's 
Scientific and Statistical Committee to re-evaluate its ABC 
recommendations for 2023 through 2025. This action could not be 
proposed sooner as a result of the delay in this process. Stakeholder 
and industry groups have been involved with the development of this 
action and have participated in public meetings throughout the past 
year. A prolonged comment period and subsequent potential delay in 
implementation would be contrary to the public interest, as it would 
extend the amount of time in which no specifications are in place for 
fishing year 2023, rather than replacing them with the quotas proposed 
in this rule, which are based on the best available science. The 
fishery may continue to operate under current DAS and trip limit 
regulations without specifications in fishing year 2023, but an 
extended delay could lead to confusion.
    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 13 to the Monkfish FMP. Framework 13 
would set monkfish specifications for fishing years 2023-2025, make 
changes to the yearly allocation of DAS to vessels issued limited 
access monkfish permits, and increase the minimum mesh size for gillnet 
vessels from 10 to 12 inches. The specifications in this rule include a 
TAL for the NFMA in fishing years 2023 through 2025 that is 20 percent 
lower the TAL in fishing years 2020 through 2022 and a TAL for the SFMA 
in fishing years 2023 through 2025 that is 41 percent lower than the 
TAL in fishing years 2020 through 2022. This framework is needed to 
establish allowable monkfish harvest levels that will prevent 
overfishing.
    We issued 492 limited access monkfish permits and 1,198 open access 
monkfish permits as of June 1, 2022, for a total of 1,692 permits 
potentially regulated by this action. Each vessel may be individually 
owned or part of a larger corporate ownership structure, and for RFA 
purposes, it is the ownership entity that is ultimately regulated by 
the proposed action. The current ownership data set is based on 
calendar year 2021 permits and contains gross sales associated with 
those permits for calendar years 2019 through 2021. Ownership data 
collected from permit holders indicate there are 1,207 distinct 
business entities that held at least one permit that could be directly 
regulated by this proposed action in 2021. Of these 1,207 entities, 804 
are commercial fishing entities, and 137 are for-hire entities.
    For the purposes of the Regulatory Flexibility Act, we define a 
small business in the commercial harvesting sector as a firm with 
receipts (gross revenues) of up to $11 million for commercial fishing 
businesses. Of the 804 commercial fishing entities, 793 are categorized 
as small entities and 11 are categorized as large entities, per the 
NOAA Fisheries guidelines. All 137 for-hire entities are categorized as 
small businesses. In 2021, 266 of the 1,207 entities had zero monkfish 
revenue.
    This action is expected to have minimal economic impacts on both 
large and small entities. Although the proposed action would set TALs 
lower than what was in place in fishing year 2021, actual landings in 
that year were far less than the TALs proposed in this action. Because 
we expect landings to remain constant relative to fishing year 2021, we 
expect TAL reductions to pose no cost on the fleet relative to 2021 
activity. Additionally, the proposed DAS allocation changes are 
expected to constrain only four vessels based on previous fishing 
activity; the vast majority of small firms are not impacted by the 
proposed DAS allocation change. Finally, the increased mesh size 
regulations do not become effective until 2026 (after the final year of 
the specifications in this action) and are estimated to impact eight 
vessels. The delay in implementation allows affected vessels to replace 
their nets as they become worn out as part of regular net replacement. 
This cost thus would not be directly tied to the proposed mesh size 
regulation, but instead is a regular fishing operation cost.
    This action is not expected to have a significant impact on a 
substantial number of small entities. Nearly all monkfish entities (99 
percent) are considered small entities. Regulated small entities 
identified in this analysis are expected to experience no impacts. No 
impacts are expected to the 12 regulated large entities, as they have 
little dependence on monkfish revenue. 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 flexibility analysis is not required 
and none has been prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing.

    Dated: April 19, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 648 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. Amend Sec.  648.10, by revising paragraph (g)(3)(ii) to read as 
follows:


Sec.  648.10  VMS and DAS requirements for vessel owners/operators.

* * * * *
    (g) * * *
    (3) * * *
    (ii) An operator of a vessel issued both a NE multispecies permit 
and a monkfish permit are authorized to change their DAS declaration 
from a NE multispecies Category A DAS to a monkfish DAS, while 
remaining subject to the to the NE multispecies DAS usage requirements 
under Sec.  648.92(b)(1)(iv), during the course of a trip, as provided 
at Sec.  648.92(b)(1)(vi)(A).
* * * * *

[[Page 25355]]

0
3. Amend Sec.  648.14, by revising paragraphs (m)(2)(i) and (m)(3)(ii) 
to read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (m) * * *
    (2) * * *
    (i) Fish with or use nets with mesh size smaller than the minimum 
mesh size specified in Sec.  648.91(c) while fishing under a monkfish 
DAS, except as authorized by Sec.  648.91(c)(1)(v).
* * * * *
    (3) * * *
    (ii) Fail to comply with the NFMA or SFMA requirements specified at 
Sec.  648.92(b)(1)(v)
* * * * *
0
4. Amend Sec.  648.80, by revising paragraph (a)(13)(i)(B) to read as 
follows:


Sec.  648.80  NE Multispecies regulated mesh areas and restrictions on 
gear and methods of fishing.

* * * * *
    (a) * * *
    (13) * * *
    (i) * * *
    (B) Minimum Mesh Size.
    (1) Through April 30, 2026, all gillnets must have a minimum mesh 
size of 10-inch (25.4-cm) diamond mesh throughout the net.
    (2) Starting May 1, 2026, all gillnets must have a minimum mesh 
size of 12-inch (30.5-cm) diamond mesh throughout the net.
* * * * *
0
5. Amend Sec.  648.91, by revising paragraphs (c)(1)(iii) and (iv) and 
adding (c)(1)(v) and (vi) to read as follows:


Sec.  648.91  Monkfish regulated mesh areas and restrictions on gear 
and methods of fishing.

* * * * *
    (c) * * *
    (1) * * *
    (iii) Gillnets while on a monkfish DAS for fishing years 2023, 
2024, and 2025. Until April 30, 2026, the minimum mesh size for any 
gillnets used by a vessel fishing under a monkfish DAS is 10-inch 
(25.4-cm) diamond mesh, unless the vessel meets one of the exceptions 
in paragraph (c)(1)(v) of this section.
    (iv) Gillnets while on a monkfish DAS from fishing year 2026 and 
beyond. Starting May 1, 2026, the minimum mesh size for any gillnets 
used by a vessel fishing under a monkfish DAS is 12-inch (30.5-cm) 
diamond mesh, unless the vessel meets one of the exceptions in 
paragraph (c)(1)(v) of this section.
    (v) Exceptions from the minimum mesh size for gillnets on a 
monkfish DAS. A vessel fishing with gillnet gear under a monkfish DAS 
is subject to the minimum mesh size as defined in paragraph (c)(1)(iii) 
or (c)(1)(iv) of this section, unless:
    (A) The owner or operator of a limited access NE multispecies 
vessel fishing under a NE multispecies category A DAS with gillnet gear 
in the NFMA changes the vessel's DAS declaration to a monkfish DAS 
through the vessel's VMS unit during the course of the trip in 
accordance with the provisions specified under Sec.  648.92(b)(1)(vi);
    (B) A vessel issued a Category C or D limited access monkfish 
permit is fishing under both a monkfish and NE multispecies Category A 
DAS in the SFMA using roundfish gillnets, as defined at Sec.  648.2, 
with 6.5-inch (16.5-cm) diamond mesh;
    (C) A vessel issued a limited access monkfish permit is fishing on 
a monkfish-only DAS in the Mid-Atlantic Exemption Area using roundfish 
gillnets with a minimum mesh size of 5 inches (12.7 cm) in accordance 
with the provisions specified under Sec.  648.80(c)(5); or
    (D) A vessel issued a limited access monkfish permit is fishing on 
a monkfish-only DAS in the Southern New England Dogfish Exemption Area 
using roundfish gillnets with a minimum mesh size of 6 inches (15.2 cm) 
in accordance with the provisions specified under Sec.  648.80(b)(7).
    (vi) Authorized gear while on a monkfish and scallop DAS. Vessels 
issued a Category C, D, G, or H limited access monkfish permit and 
fishing under a monkfish and scallop DAS may only fish with and use a 
trawl net with a mesh size no smaller than that specified in paragraph 
(c)(1)(i) of this section.
* * * * *
0
6. Amend Sec.  648.92, by revising paragraphs (b)(1)(i) through (v), 
adding (b)(1)(vi), revising paragraphs (b)(2)(ii) and (b)(2)(iii)(B), 
and revising paragraph (c)(1)(ii)(A) to read as follows:


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

* * * * *
    (b) * * *
    (1) * * *
    (i) DAS allocations. Each vessel issued a limited access monkfish 
permit will be allocated 35 monkfish DAS each fishing year that may be 
used only in the Northern Fishery Management Area as defined in Sec.  
648.91(a). Each vessel issued a limited access monkfish permit will 
also be allocated 37 monkfish DAS each fishing year that may be used 
only in the Southern Fishery Management Area as defined in Sec.  
648.91(b). The annual allocation of monkfish DAS to each vessel issued 
a limited access monkfish permit in the NFMA and SFMA shall be reduced 
by the amount calculated in paragraph (b)(1)(iii) of this section for 
the research DAS set-aside. All DAS must be used in accordance with the 
provisions of this paragraph (b) unless the permit is enrolled in the 
Offshore Fishery Program in the SFMA, as specified in paragraph 
(b)(1)(ii) of this section.
    (ii) Offshore fishery program DAS allocation. A vessel issued a 
Category F permit, as described in Sec.  648.95, shall be allocated a 
prorated number of monkfish DAS as specified in Sec.  648.95(g)(2).
    (iii) Research DAS set-aside. A total of 500 DAS will be set aside 
and made available for cooperative research programs as described in 
paragraph (c) of this section. These DAS shall be deducted 
proportionally from the DAS allocated to each vessel issued a limited 
access monkfish permit by the process prescribed in this paragraph 
(b)(1)(iii).
    (A) Calculating the total per vessel DAS deduction. The total per 
vessel DAS deduction will be calculated as the quotient of 500 divided 
by the total number of limited access permits issued in the previous 
fishing year.
    (B) Calculating the per vessel DAS deduction for the NFMA and SFMA. 
The total vessel DAS deduction will be distributed proportionally to 
the DAS for the NFMA and SFMA allocated to each vessel issued a 
monkfish limited access permit, as specified in paragraph (b)(1)(i) of 
this section. To determine the per-vessel deduction from the NFMA DAS 
allocation, the total per vessel deduction will be multiplied by the 
quotient of the NFMA DAS allocation divided by the total number of DAS 
allocated to each monkfish limited access vessel. To determine the per-
vessel deduction from the SFMA DAS allocation, the NFMA deduction will 
be subtracted from the total per vessel deduction.
    (C) Example. If in the current year, each vessel is allocated 30 
NFMA DAS and 20 SFMA DAS, then the total vessel DAS allocation is 50 
DAS. In this example, 625 limited access monkfish permits were issued 
in the previous year. Dividing 500 by the 625 permits equals a total 
per-vessel DAS deduction of 0.8 DAS. Dividing the NFMA allocation of 30 
DAS by the total DAS allocation of 50 DAS equals 0.6. Multiplying 0.6 
by 0.8 equals an NFMA DAS deduction of 0.48, which is rounded to 0.5. 
Subtracting the 0.5 NFMA DAS deduction from the total per vessel 
deduction of 0.8 results in an SFMA DAS deduction of 0.3 DAS. The

[[Page 25356]]

result of is that each limited access monkfish vessel would be 
allocated 29.5 NFMA DAS and 19.7 SFMA DAS.
    (iv) General DAS usage restrictions. A vessel issued a limited 
access monkfish permit may not use more than 46 allocated monkfish DAS 
in a fishing year. Unless otherwise specified in paragraph (b)(2) of 
this section or under this subpart F, a vessel issued a limited access 
NE multispecies or limited access Atlantic 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.
    (v) DAS declaration requirements. Each vessel issued a limited 
access monkfish permit that intends to fish under a monkfish DAS must 
declare that it will fish in either the NFMA or SFMA through the vessel 
call-in system or VMS prior to the start of each trip. A vessel 
intending to fish for, fishing for, possessing, or landing monkfish 
under a NE multispecies, scallop, or monkfish DAS under the management 
measures of the NFMA, must fish exclusively in the NFMA for the entire 
trip. In addition, a vessel that is not required to and does not 
possess a VMS unit must 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 fish 
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 (b)(1)(v) shall be presumed to have fished in the SFMA, and 
shall be subject to the 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 Sec.  
648.94(e).
    (vi) Monkfish Option provision and declaration requirements. Any 
limited access NE multispecies vessel fishing on a sector trip or under 
a NE multispecies Category A DAS in the NFMA, and issued an LOA as 
specified in paragraph (b)(1)(v) of this section, may change its DAS 
declaration to a monkfish DAS through the vessel's VMS unit during the 
course of the trip after leaving port, but prior to crossing the VMS 
demarcation line upon its return to port or leaving the NFMA, if the 
vessel exceeds the incidental catch limit specified under Sec.  
648.94(c).
    (A) Vessels that change their DAS declaration from a NE 
multispecies Category A DAS to a monkfish DAS during the course of a 
trip remain subject to the NE multispecies DAS usage requirements 
(i.e., use a NE multispecies Category A DAS in conjunction with the 
monkfish DAS) described in paragraph (b)(2)(iv) of this section.
    (B) Gillnet vessels that change their DAS declaration in accordance 
with this paragraph (b)(1)(vi) are not subject to the gillnet minimum 
mesh size restrictions found at Sec.  648.91(c)(1)(iii) and (iv), but 
are subject to the smaller NE multispecies minimum mesh requirements 
for gillnet vessels found under Sec.  648.80 based upon the NE 
Multispecies Regulated Mesh Area in which the vessel is fishing.
    (2) * * *
    (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 30 monkfish DAS for use in the 
Northern Fishery Management Area, 20 monkfish DAS for use in the 
Southern Fishery Management Area, and 26 NE multispecies Category A 
DAS, it would have 24 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) * * *
    (B) A vessel issued a limited access monkfish Category C, D, F, G, 
or H permit may forfeit some of its monkfish DAS, if it leases NE 
multispecies DAS to another vessel(s), pursuant to Sec.  648.82(k). The 
number of monkfish DAS forfeited by a vessel depends on its balance of 
Monkfish and NE multispecies DAS at the time of the lease. Any 
forfeited monkfish DAS will be deducted proportionally between the DAS 
allocated to the vessel for use in the Northern Fishery Management Area 
and Southern Fishery Management Area in paragraph (b)(1)(i) of this 
section.
    (1) If the vessel's unused monkfish DAS balance is greater than or 
equal to its unused NE multispecies DAS balance, at the time of the 
lease, then the vessel will forfeit an amount of monkfish DAS equal to 
the number of NE multispecies DAS being leased to another vessel. For 
example, if a vessel has 40 monkfish DAS and 30 NE multispecies DAS and 
it leases 10 NE multispecies DAS in accordance with Sec.  648.82(k), 
then, as part of the lease, the vessel would forfeit 10 monkfish DAS 
and be left with 30 monkfish DAS and 20 multispecies DAS.
    (2) If the vessel's unused monkfish DAS balance is less than its 
unused NE multispecies DAS balance, at the time of lease, then the 
vessel will forfeit an amount of monkfish DAS equal to the number of NE 
multispecies DAS being leased minus the difference between the vessel's 
unused NE multispecies DAS balance and the vessel's unused monkfish DAS 
balance. If the number of NE multispecies DAS being leased is less than 
the difference between the vessel's unused NE multispecies DAS balance 
and the vessel's unused monkfish DAS balance, then no monkfish DAS are 
forfeited. For example, if a vessel has 25 monkfish DAS and 30 NE 
multispecies DAS at the time of the lease, and it leases 10 NE 
multispecies DAS, the vessel would forfeit 5 monkfish DAS (10 leased - 
[30 NE multispecies DAS - 25 monkfish DAS] = 5 forfeited monkfish DAS). 
If, however, the vessel has 25 monkfish DAS and 40 NE multispecies and 
the vessel leases 10 NE multispecies DAS, it would not forfeit any 
monkfish DAS (10 leased NE multispecies DAS - [40 NE multispecies DAS - 
25 monkfish DAS] = -5. The number of DAS forfeited cannot be negative, 
so 0 DAS are forfeited).
* * * * *
    (c) * * *
    (1) * * *
    (ii) * * *
    (A) Each panel member shall recommend which research proposals

[[Page 25357]]

should be authorized to utilize the research DAS set aside in 
accordance with paragraph (b)(1)(iii) of this section, based on the 
selection criteria described in the RFP.
* * * * *
0
7. In Sec.  648.94, remove and reserve paragraph (f).
0
8. Amend Sec.  648.95 by revising paragraph (e)(3) to read as follows:


Sec.  648.95  Offshore Fishery Program in the SFMA.

* * * * *
    (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), (iii) and (iv), as 
well as the other gear requirements specified in Sec.  648.91(c)(2) and 
(3).
* * * * *
[FR Doc. 2023-08622 Filed 4-25-23; 8:45 am]
BILLING CODE 3510-22-P