[Federal Register Volume 88, Number 154 (Friday, August 11, 2023)]
[Rules and Regulations]
[Pages 54495-54499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17198]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 230804-0183]
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), Department of Commerce.
ACTION: Final rule.
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SUMMARY: NMFS is implementing specifications submitted by the New
England and Mid-Atlantic Fishery Management Councils (collectively, the
Councils) in Framework Adjustment 13 to the Monkfish Fishery Management
Plan (FMP). This action sets monkfish specifications for fishing years
2023 through 2025, adjusts annual Days-At-Sea (DAS) allocations, and,
beginning in fishing year 2026, increases the minimum gillnet mesh size
for vessels fishing on monkfish DAS. This action is needed to establish
allowable monkfish harvest levels and management measures that will
prevent overfishing and reduce bycatch.
DATES: Effective August 11, 2023.
ADDRESSES: 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 (collectively, the 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 sum of the TAL and the estimate of expected
discards, for each management area.
Under the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act, or MSA), we approve, disapprove, or partially
approve measures that the Council proposes, based on consistency with
the Act and other applicable law. We review proposed regulations for
consistency with the fishery management plan, plan amendments, the
Magnuson-Stevens Act and other applicable law, and publish the proposed
regulations, solicit public comment, and promulgate the final
regulations. We have approved all the measures in Framework 13
recommended by the Councils, as described below. The measures
implemented in this final rule:
Set specifications, for the NFMA and SFMA for fishing
years 2023 through 2025;
Adjust the annual DAS allocation to limited access
monkfish vessels; and
Increase 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 starting in fishing year 2026.
This action also makes regulatory corrections that are not part of
Framework 13, but that are implemented under our section 305(d)
authority in the Magnuson-Stevens Act to make changes necessary to
carry out the FMP. We are making these corrections in conjunction with
the Framework 13 measures in the interest of efficiency.
1. Specifications
This action sets the NFMA and SFMA quotas for fishing years 2023
through 2025 (Table 1), based on the Councils' recommendations, which
are consistent with the recommendations from the New England Council's
Scientific and Statistical Committee (SSC) from January 2023. Further
information on the development of these specifications by the SSC and
Councils is available in the proposed rule (88 FR 25351).
The approved specifications include a 25-percent decrease in the
acceptable biological catch (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, which are
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 specifications result in a 20-percent
decrease in the TAL for the NFMA and a 41-percent decrease in the TAL
for the SFMA.
Table 1--Framework 13 Specifications
----------------------------------------------------------------------------------------------------------------
Northern area Southern area
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Catch limits Percent Percent
2023-2025 change from 2023-2025 change from
Specs (mt) 2022 * Specs (mt) 2022 *
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Acceptable Biological Catch..................... 6,224 -25 5,861 -52
Annual Catch Limit.............................. 6,224 -25 5,861 -52
Management Uncertainty (3%)..................... 187 .............. 176 ..............
[[Page 54496]]
Annual Catch Target (Total Allowable Landings + 6,038 -25 5,685 -52
discards)......................................
Expected Discards............................... 729 -51 2,205 -64
Total Allowable Landings........................ 5,309 -20 3,481 -41
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* Percent change from the previously approved 2020-2022 specifications.
At the end of each fishing year, we evaluate catch information and
determine whether the quota has been exceeded. The regulations at 50
CFR 648.96(d) require the Councils to revise the monkfish ACT in the
following year if it determines that the annual catch limit was
exceeded in any given year. If the Councils fail to act, NMFS will
revise the monkfish ACT. Publication of a notification in the Federal
Register will accompany any revisions to these 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
To ensure that the fishery can meet, but not exceed, the new TALs
for 2023-2025, this action changes the yearly DAS allocation to limited
access monkfish vessels. First, the initial allocation of DAS that
could previously be used in any area is now split into separate DAS
allocations for each of the NFMA and SFMA. Under this change, each
limited access vessel is allocated 35 DAS for the NFMA and 37 DAS for
the SFMA. Second, the 37 DAS usage restriction for the SFMA is removed
and replaced with a new general DAS usage restriction that prohibits
any vessel from using more than 46 allocated DAS during each fishing
year. Third, the annual deduction of Research Set-Aside DAS from each
limited access vessel's DAS allocation is applied proportionally to the
separate DAS allocations for the NFMA and SFMA. The DAS carryover
provisions are not 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, this action increases 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 will go into effect at the beginning of May 1, 2026. The
additional time is intended to 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
Act, this action clarifies 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 Northeast
multispecies DAS.
When a category C, D, F, G, or H vessel leases Northeast
multispecies DAS to another vessel(s), a certain number of monkfish DAS
owned by the lessor vessel become unavailable for use.
The changes to Sec. 648.92(b)(2)(iii)(B) 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 Northeast multispecies DAS. The changes do not substantively
change the way in which monkfish DAS balances are affected by leases of
Northeast multispecies DAS.
Comments and Responses on Measures Proposed in the Framework 13
Proposed Rule
We received two comments on the Framework 13 proposed rule, both
from members of the public.
General Comments on Framework 13
Comment 1: An individual commented in support of Framework 13,
noting that the Council-recommended and NMFS-proposed specifications
would decrease allowable monkfish catch and promote a healthy marine
ecosystem without resulting in a significant economic impact on a
substantial number of small entities.
Response 1: We agree that the specifications recommended by the
Councils and implemented through this action will prevent overfishing
and result in sustainable management of the monkfish resource.
Comment 2: An individual commented that input from fishermen and
commercial fishing organizations should be more transparently
incorporated into the regulatory process. The commenter also noted that
some content available on the NOAA Fisheries website is out of date and
should include more social science information.
Response 2: Fishery management in the United States is a
transparent and public process of science, management, and
collaboration with the fishing industry, as laid out by the Magnuson-
Stevens Act. Framework Adjustment 13 was jointly developed by the
Councils. The Councils held several public meetings throughout 2022 and
in January 2023. During these meetings, the development of Framework 13
and the underlying science, including social sciences, was discussed,
with opportunity for public comment. Input from fishermen and other
industry stakeholders was a key component to the development of this
action. Engagement by the public in meetings of the Monkfish Committee
and Advisory Panel directly contributed to actions taken by the
Councils to request that the SSC reconsider their October ABC
recommendations. Concerns raised by the public were considered by the
SSC and addressed in a new recommendation that is being adopted by this
final rule for Framework 13.
NMFS will continue to review website content and address instances
of outdated website content identified in the comment.
Classification
NMFS is issuing this rule pursuant to sections 304(b)(3) and 305(d)
of the MSA, which provide specific authority for implementing this
action.
[[Page 54497]]
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 management of
DAS. Though this correction is included in this final 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 section 305(d)
authority allows for the correction to be implemented more quickly than
otherwise possible. Though the correction is consistent with the FMP
and review was not necessary, the Councils did receive the opportunity
to review the change to the regulatory text as necessary and
appropriate.
The NMFS Assistant Administrator has determined that this final
rule is consistent with the Monkfish FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law.
There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delayed effectiveness of this action. This action, which includes
measures for fishing year 2023, was jointly developed by the Councils
as part of the annual Framework Adjustment process, with final action
by the Councils expected in December 2022 in order to allow for
implementation of measures in time for the May 1, 2023 start of fishing
year 2023. However, the Council process was delayed to provide time for
SSC to re-evaluate its ABC recommendations for 2023 through 2025. As a
result of this delay, specifications were not in place for the start of
the 2023 fishing year, and the monkfish fishery has been operating
under an interim status without specifications and a DAS allocation
scheme that is planned to be replaced by this action. Additionally,
between the publication of the proposed rule for Framework 13 and the
development of this final rule, it was estimated that gillnet take of
Atlantic Sturgeon exceeded limits in the 2021 Batched Biological
Opinion. This rule could not be published sooner, as time was necessary
to understand the implications of this new information and whether this
action would be likely to result in changes to, or the addition of,
adverse impacts to Endangered Species Act-listed species.
A further delay in effectiveness of this action 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, based in the best available science, in
this rule. It additionally extends the amount of time during which the
fishery continues to operate under previous DAS allocations. It is
necessary for vessels to monitor their usage of allocated DAS in order
to ensure that they do not exceed DAS allocations, a violation of the
regulations. Though the agency provides vessels with current DAS
balances, these are provided relative to the previous DAS allocations.
Upon effectiveness of this action, DAS balances are re-calculated to
reflect the new DAS scheme being implemented, which differs from the
previous DAS allocation scheme by separating DAS allocations by area.
During the period prior to the effective date of FW13, vessels must
manually track their DAS usage to ensure that they do not exceed the
new allocation scheme. As the fishing year advances and vessels
continue to fish and use DAS, the chances are greater that a vessel may
exceed the new DAS allocation scheme. Waiving the 30-day delayed
effectiveness of this action would provide vessels with their final
allocations as soon as possible and eliminate the chances of accidental
violations of the regulations by vessels confused about how many DAS
they are allocated and where these DAS may be used.
This final rule has been determined to be not significant for the
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 during the proposed rule stage that this action would
not have a significant economic impact 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. As a result, a regulatory flexibility
analysis was not required and none was prepared.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing.
Dated: August 7, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 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 is authorized to change their DAS declaration
from a NE multispecies Category A DAS to a monkfish DAS, while
remaining subject to the NE multispecies DAS usage requirements under
Sec. 648.92(b)(1)(iv), during a trip, as provided at Sec.
648.92(b)(1)(vi)(A).
* * * * *
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 Northern Fishery Management Area
(NFMA) or Southern Fishery Management Area (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) The minimum mesh size for gillnets are as follows:
[[Page 54498]]
(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 paragraphs (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 (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 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 paragraph (b)(1)(vi), and revising paragraphs (b)(2)(ii),
(b)(2)(iii)(B), and (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
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, 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 fishing
or intending to fish 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
[[Page 54499]]
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 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
in this part 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
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.
* * * * *
Sec. 648.94 [Amended]
0
7. Amend Sec. 648.94 by removing and reserving 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. 2023-17198 Filed 8-10-23; 8:45 am]
BILLING CODE 3510-22-P