[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
                                                 ---------------------------------------------------------------
                  Catch limits                                        Percent                         Percent
                                                     2023-2025     change  from      2023-2025     change  from
                                                    Specs  (mt)       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  ..............

[[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
----------------------------------------------------------------------------------------------------------------
* 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