[Federal Register Volume 72, Number 53 (Tuesday, March 20, 2007)]
[Proposed Rules]
[Pages 13069-13077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5051]



[[Page 13069]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 070312058-7058-01; I.D. 020507A]
RIN 0648-AU34


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Monkfish 
Fishery; Framework Adjustment 4

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS is proposing to implement new management measures for the 
monkfish fishery through Framework Adjustment 4 (Framework 4) to the 
Monkfish Fishery Management Plan (FMP). Due to concerns over the status 
of the monkfish resource and the fact that monkfish is nearing the end 
of the rebuilding program, NMFS intends to delay making a decision on 
Framework 4 until the results of an upcoming monkfish stock assessment 
are available in July 2007. Since a decision on Framework 4 would be 
delayed beyond the start of the fishing year, NMFS is proposing two 
options for interim management measures for the start of the fishing 
year on May 1, 2007, that are partially based on the information and 
management measures contained in Framework 4: Implement the proposed 
target total allowable catch (TAC), trip limits, and days-at-sea (DAS) 
contained in Framework 4 for the Northern Fishery Management Area 
(NFMA), but maintaining the fishing year (FY) 2006 target TAC, trip 
limits, and DAS for the Southern Fishery Management Area (SFMA); or 
implement the proposed target TAC, trip limits, and DAS contained in 
Framework 4 for the NFMA, but close the directed monkfish fishery in 
the SFMA. In addition, the proposed interim rule would temporarily 
implement Framework 4 measures that have been determined not to result 
in any additional negative biological effects. The intent of these 
proposed actions is to eliminate overfishing and rebuild the monkfish 
resource in accordance with Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) requirements.

DATES: Comments on the proposed Framework 4 measures must be received 
by 5 p.m. on April 19, 2007. Comments on the proposed interim measures 
must be received by 5 p.m. on April 4, 2007.

ADDRESSES: Written comments on the proposed rule may be submitted by 
any of the following methods:
    <bullet> E-mail: E-mail comments for Framework 4 may be submitted 
to <a href="/cdn-cgi/l/email-protection#1e7371707578776d7658492a5e70717f7f30797168"><span class="__cf_email__" data-cfemail="7c111312171a150f143a2b483c12131d1d521b130a">[email protected]</span></a>. Include in the subject line the following 
``Comments on the Proposed Rule for Framework Adjustment 4.'' Email 
comments for the proposed interim rule to the Monkfish FMP may be 
submitted to <a href="/cdn-cgi/l/email-protection#4d202223262b243e2560242339283f24207d7a0d23222c2c632a223b"><span class="__cf_email__" data-cfemail="fc919392979a958f94d1959288998e9591cccbbc92939d9dd29b938a">[email protected]</span></a>. Include in the subject line 
the following ``Comments on Proposed Monkfish Interim Measures.''
    <bullet> Federal e-Rulemaking Portal: http://www.regulations.gov.
    <bullet> Mail: Comments submitted by mail should be sent to 
Patricia A. Kurkul, Administrator, Northeast Region, NMFS (Regional 
Administrator), One Blackburn Drive, Gloucester, MA 01930-2298. Mark 
the outside of the envelope ``Comments on the Proposed Rule for 
Framework Adjustment 4 to the Monkfish FMP'' if commenting on Framework 
4, or ``Comments on Proposed Interim Rule for the Monkfish FMP'' if 
commenting on the proposed interim rule.
    <bullet> Facsimile (fax): Comments submitted by fax should be faxed 
to (978) 281-9135.
    Written comments regarding the burden-hour estimate or other 
aspects of the collection-of-information requirement contained in this 
proposed rule should be submitted to the Regional Administrator at the 
address listed above and by e-mail to <a href="/cdn-cgi/l/email-protection#2064415649447f724f53544b4552604f4d420e454f500e474f56"><span class="__cf_email__" data-cfemail="054164736c615a576a76716e6077456a68672b606a752b626a73">[email protected]</span></a>, or 
fax to (202) 395-7285.
    Copies of the Environmental Assessment (EA), including the 
Regulatory Impact Review (RIR) and Initial Regulatory Flexibility 
Analysis (IRFA), prepared for Framework 4 are available upon request 
from Paul Howard, Executive Director, New England Fishery Management 
Council (NEFMC), 50 Water Street, Newburyport, MA 01950. The document 
is also available online at www.nefmc.org.

FOR FURTHER INFORMATION CONTACT: Allison McHale, Fishery Policy 
Analyst, e-mail <a href="/cdn-cgi/l/email-protection#f4b598989d879b9adab997bc959891b49a9b9595da939b82"><span class="__cf_email__" data-cfemail="f4b598989d879b9adab997bc959891b49a9b9595da939b82">[email protected]</span></a>, phone (978) 281-9103, fax 
(978) 281-9135.

SUPPLEMENTARY INFORMATION:

Background

    The monkfish fishery is jointly managed by the New England and Mid-
Atlantic Fishery Management Councils (Councils), with the NEFMC having 
the administrative lead. The fishery extends from Maine to North 
Carolina, and is divided into two management units: the NFMA and the 
SFMA. Both stocks will be entering the final 3 years of the monkfish 
rebuilding plan at the start of FY 2007 on May 1, 2007. Despite early 
increases in stock biomass, the biomass indices for both monkfish 
stocks have declined in recent years and are lagging behind their 
respective rebuilding schedules. As a result of this decline, both 
stocks are again below their minimum biomass thresholds 
(B<INF>threshold</INF>), and are considered to be overfished. The 
management measures contained in Framework 4 are intended to achieve 
the rebuilding objectives contained in the FMP.
    The original Monkfish FMP (64 FR 54732; October 7, 1999) 
established a framework adjustment process that required an annual 
review by the Monkfish Monitoring Committee (MFMC) for the purpose of 
evaluating the effectiveness of the FMP with respect to meeting its 
conservation objectives. This annual review was a fairly general 
process calling for the development of target TACs for the upcoming 
fishing year based on the best scientific information available and 
consistent with the goals and objectives of the FMP. The annual review 
and target TAC setting process contained in the FMP was modified 
through the implementation of Framework Adjustment 2 (Framework 2) (68 
FR 22325; April 28, 2003) to establish an a more specific and 
prescribed process for setting annual target TACs. Specifically, 
Framework 2 added a target TAC setting control rule based on the ratio 
of a 3 year running average of the NMFS fall trawl survey biomass index 
to an established annual biomass index target, compared to landings 
from the previous year. Based on the experiences of the last several 
years, it has become apparent that the Framework 2 control rule may 
result in measures that are inconsistent with the rebuilding goals of 
the FMP because changes to the target TACs are based, in large part, on 
prior landings. As such, under this control rule, target TACs could be 
increased even if annual biomass rebuilding targets are not met. Based 
upon concerns over the Framework 2 control rule and the status of the 
monkfish resource with respect to the rebuilding schedule established 
in the FMP, the Councils initiated Framework 4 during the spring of 
2006 with the intent of addressing the apparent problems with Framework 
2 by eliminating the control

[[Page 13070]]

rule, and to establish measures consistent with the stock rebuilding 
goals established in the original FMP. In eliminating the Framework 2 
control rule, other proposed changes to the annual adjustment process, 
including removal of the trip limit analysis description and 
modification of the DAS allocation description, are necessary to 
clarify and make the annual review and adjustment process more 
consistent with the changes being proposed in Framework 4.

Delay of Framework 4 and Implementation of Interim Measures

    Due to concerns over the status of the monkfish resource and the 
fact that monkfish is in the seventh year of a 10-year rebuilding plan, 
NMFS is initiating a Stock Assessment Review Committee (SARC) and plans 
to hold an integrated Stock Assessment Workshop (SAW)/SARC meeting to 
perform a monkfish stock assessment. Results of the workshop are 
expected to be available in July 2007. The tasks to be performed 
include a determination of stock status relative to the existing 
biological reference points (BRPs), a review of the existing BRPs and 
potential revision or redefinition of the BRPs along with a stock 
status determination, and review and potential revision of existing 
control rules for rebuilding the stock relative to the recommended 
BRPs.
    Since the upcoming SAW/SARC will occur after the start of the 2007 
fishing year, NMFS intends to delay making a final decision on 
Framework 4 until after the results of the stock assessment are 
available. Instead, NMFS intends to implement precautionary interim 
management measures for the start of the fishing year on May 1, 2007, 
in accordance with section 305(c) of the Magnuson-Stevens Act, based 
upon the information and management measures contained in Framework 4. 
The purpose of the interim rule would be to implement management 
measures that would result in no additional negative biological impacts 
to the monkfish resource while NMFS has the opportunity to conduct a 
thorough review of the status of the monkfish resource using the best 
and most recent information available. NMFS is considering two options 
for such an interim rule: (1) Implement the proposed target TAC, trip 
limits, and DAS requirements contained in Framework 4 for the NFMA, but 
maintaining the FY 2006 target TAC, trip limits, and DAS for the SFMA; 
or (2) implement the proposed target TAC, trip limits, and DAS 
requirements contained in Framework 4 for the NFMA, but close the 
directed monkfish fishery in the SFMA. This interim rule would also 
temporarily implement other management measures contained in Framework 
4, as deemed necessary, that have been determined not to result in any 
additional negative biological effects. These measures include: A 
revision to the monkfish incidental catch limit in the NFMA, a revision 
to the boundary line for limited access monkfish Category H permit 
holders, and a revision to the monkfish incidental catch limit 
applicable to limited access scallop vessels fishing in the Scallop 
Access. Therefore, this action requests public comments on the proposed 
interim measures described above, and also requests public comments on 
the proposed measures contained in Framework 4.

Proposed Framework 4 Management Measures

1. Target TACs for the NFMA and SFMA

    In addition to the proposed changes to the annual adjustment 
process (i.e., the removal of te Framework 2 control rule), this action 
would establish target TACs of 5,000 mt and 5,100 mt for the NFMA and 
SFMA, respectively, for the final 3 years of the rebuilding plan (FY 
2007- FY 2009), unless otherwise modified by the MFMC during their 
annual review process. Essentially, this framework adjustment would 
remove the Framework 2 control rule and replace it with target TACs 
that were developed based upon an analysis conducted by the Monkfish 
Plan Development Team (PDT). The target TACs developed by the PDT 
incorporate a range of nine different potential methods for calculating 
target TACs for the monkfish fishery. These target TACs represent the 
PDT's best estimate of target catch levels that could facilitate stock 
rebuilding but maintain a limited directed monkfish fishery, and are 
the basis for calculating DAS allocations and trip limits for each 
management area. The proposed target TAC for the NFMA is 35 percent 
lower than the target TAC in effect for FY 2006, and 67 percent lower 
than the average of target TACs in effect since FY 2002. The proposed 
target TAC for the SFMA is 39 percent higher than the target TAC in 
effect for FY 2006, but is 33 percent lower than the average of the 
target TACs in effect since FY 2002. Therefore, both target TACs 
represent a decrease in overall effort since the implementation of the 
FMP. A copy of the target TAC analysis conducted by the PDT is 
contained in Appendix I of the Framework 4 document (see ADDRESSES).
    Although the proposed target TACs would result in an overall 
decrease in effort, the target TAC proposed for the SFMA is 1,433 mt 
higher that the target TAC in effect for FY 2006. Considering the 
status of the monkfish resource in both management areas, NMFS is 
concerned that any increase in effort over the status quo may delay 
rebuilding, preventing the rebuilding targets established in the FMP 
from being met by the end of the rebuilding program. NMFS is 
specifically seeking public comments on the proposed target TACs, with 
particular focus on the target TAC proposed for the SFMA.

2. DAS Requirement for the NFMA

    The proposed action would require limited access monkfish vessels 
that are fishing in the NFMA to declare a monkfish DAS if the vessel 
exceeds, or is anticipating to exceed, the applicable monkfish 
incidental catch limit. Under this proposed measure, if the vessel is 
equipped with a vessel monitoring system (VMS) unit and is fishing 
under a NE multispecies Category A DAS in the NFMA, it may declare a 
monkfish DAS any time prior to crossing the VMS demarcation line upon 
returning to port or leaving the NFMA if the applicable monkfish 
incidental catch limit is exceeded during the course of the trip.
    The purpose of the at-sea declaration component of this alternative 
is to minimize discards and promote safety. For example, if a vessel 
fishing for NE multispecies under a Category A DAS in the NFMA exceeds 
the monkfish incidental catch limit, this provision would enable the 
vessel to retain the additional monkfish by declaring a monkfish DAS. 
Otherwise, the vessel would be required to discard the additional 
monkfish or stay at sea long enough to account for the overage of the 
incidental limit, which is based on a NE multispecies DAS. The proposal 
to only apply this at-sea declaration provision to vessels fishing in 
the NFMA is a recognition of the differences in how the monkfish 
fishery is prosecuted in each management area, particularly in the 
degree of directivity (i.e., the ability to target monkfish with 
minimal bycatch of NE multispecies). As such, vessels holding both 
limited access NE multispecies and limited access monkfish permits are 
far more likely to exceed the monkfish incidental limit while fishing 
for NE multispecies on a NE multispecies DAS in the NFMA than they are 
in the SFMA. For these reasons, the original FMP applied different gear 
requirements in the two areas, and placed no restrictions on the 
monkfish catch on monkfish limited access vessels fishing on a NE 
multispecies DAS in the NFMA. For the same reasons, the need to provide 
limited

[[Page 13071]]

access monkfish vessels fishing in the NFMA with the flexibility 
provided by this at-sea declaration provision outweighs any potential 
abuse of this provision in that area, in contrast to the SFMA, where 
the need for such flexibility is much less, and does not outweigh the 
potential for abuse of this provision in that area.

3. Trip Limits and DAS Allocations for the NFMA

    This action would establish an annual monkfish DAS allocation of 31 
DAS for limited access monkfish vessels fishing in the NFMA. This 
action would also establish NFMA trip limits of 1,250 lb (567 kg) tail 
weight per DAS for limited access monkfish Category A and C vessels, 
and 470 lb (213 kg) tail weight per DAS for limited access monkfish 
Category B and D vessels.

4. Trip limits and DAS Allocations for the SFMA

    The proposed action would restrict limited access monkfish vessels 
fishing in the SFMA to 23 monkfish DAS annually. Due to the difference 
between the proposed DAS allocations for the NFMA and the SFMA 
contained in Framework 4, this action would establish an annual 
allocation of 31 monkfish DAS for all limited access monkfish vessels, 
but would restrict vessels to using no more than 23 of their allocated 
31 monkfish DAS in the SFMA.
    This action would also establish SFMA trip limits of 550 lb (249 
kg) tail weight for limited access monkfish Category A, C, and G 
vessels; and 450 lb (204 kg) tail weight per DAS for limited access 
monkfish Category B, D, and H vessels. These are the same trip limits 
in effect during FY 2006.

5. Monkfish Incidental Catch Limit for the NFMA

    The proposed action would reduce the monkfish incidental catch 
limit applicable to limited access monkfish vessels (Categories A, B, 
C, D, F, G, and H) and open access monkfish vessels (Category E) 
fishing under a NE multispecies DAS in the NFMA from 400 lb (181 kg) 
tail weight per NE multispecies DAS, or 50 percent of the weight of 
fish on board, to 300 lb (136 kg) tail weight per DAS, or 25 percent of 
the weight of fish on board. The proposed incidental catch limit is 
equivalent to that implemented in the original FMP (64 FR 54732; 
October 7, 1999).

6. Target TAC Overage Backstop Provision

    The proposed target TACs and associated management measures are 
intended to remain in effect for the final 3 years of the rebuilding 
program. The method that has been used to calculate trip limits and DAS 
allocations for the SFMA since FY 2002 has proven to be effective at 
keeping landings at or near the annual target TACs. However, there is 
no assurance that the success of this method will continue, or that 
similar results will occur for the NFMA, where there has been no 
monkfish trip limit since the implementation of the FMP. As a result, 
the Councils have recommended a target TAC backstop provision in 
Framework 4 that would enable the Regional Administrator to adjust the 
DAS available in either or both management areas for FY 2009 if the 
target TACs are exceeded by between 10 and 30 percent during FY 2007. 
If the target TACs are exceeded by more than 30 percent, the directed 
monkfish fishery would be closed in FY 2009 in the area in which this 
overage occurred.

7. Extension of Measures Beyond FY 2009

    If a subsequent regulatory action is not in place prior to the end 
of the rebuilding program, Framework 4 contains a provision for 
extending management measures beyond FY 2009. Under the proposed 
action, the management measures in place for FY 2009 would remain in 
effect, unless the target TAC overage backstop provision (see 
<greek-i>6) results in the closure of the directed monkfish fishery 
during FY 2009. In this case, the management measures that would be in 
effect for FY 2010 and beyond would be those in effect for FY 2008 in 
the area where the directed fishery had been closed.

8. Revision to Boundary Line for Category H Permit Holders

    This action would revise the northern boundary line applicable to 
limited access monkfish Category H permit holders. These vessels were 
allowed to enter the fishery through an extension to the monkfish 
limited access program established in Amendment 2 to the FMP. A total 
of seven vessels qualified for Category H permits under this program. 
Under the provisions of the program contained in Amendment 2, these 
vessels were restricted to fishing in the area south of 38[deg]20' N 
lat. These vessels have a limited season when monkfish are available 
during the late spring. In addition, these vessels are constrained by 
sea turtle closures that essentially restrict the fishery to an area 
that is 20 nautical miles (37 km) wide. As a result, in Framework 4, 
the Councils are recommending that the northern boundary line 
applicable to limited access monkfish Category H vessels be shifted 20 
nautical miles (37 km) northward to 38[deg]40' N lat. to increase the 
opportunity for the affected vessels to prosecute the monkfish fishery, 
and provide some additional area to move into, in the event that sea 
turtles appear in the area north of 38[deg]00' N lat., which is the 
northern boundary of the sea turtle closure area.

9. Scallop Closed Area Access Program Monkfish Incidental Catch Limit

    Prior to the final approval of Framework 4, representatives from 
the scallop industry requested that the Councils clarify their intent 
with respect to the monkfish incidental catch limits applicable to 
scallop dredge vessels fishing in the Scallop Area Access Program, 
since changes to the program resulting from Scallop Framework 18 
changed the monkfish incidental catch limit applicable to these areas. 
The final rule implementing Framework 18 to the Scallop FMP removed DAS 
counting for vessels fishing in Area Access Program. As a result, the 
monkfish possession limit dropped from 300 lb (136 kg) tail weight per 
scallop DAS to 50 lb (23 kg) tail weight per day fished, up to a 
maximum of 150 lb (68 kg) tail weight in the access areas. Based on 
input from the scallop industry, the Councils are recommending in 
Framework 4 that the monkfish possession limit applicable to limited 
access scallop vessels fishing in the Scallop Area Access Program be 
increased to 300 lb (136 kg) tail weight per day fished within the 
access area, not to include steaming time.

Classification

    NMFS has determined that this proposed rule is consistent with the 
FMP and has preliminarily determined it is consistent with the 
Magnuson-Stevens Fishery Conservation and Management Act and other 
applicable laws.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    An initial regulatory flexibility analysis (IRFA) was prepared for 
Framework 4, as required by section 603 of the Regulatory Flexibility 
Act (RFA). The IRFA describes the economic impact this proposed rule, 
if adopted, would have on small entities. A description of the action, 
why it is being considered, and the legal basis for this action are 
contained in the preamble and in the SUMMARY of this proposed

[[Page 13072]]

rule. A copy of this analysis is available from the NEFMC (see 
ADDRESSES). A summary of the analysis follows, but has been expanded to 
include the management measures being proposed for the temporary 
interim rule to the Monkfish FMP:
    As noted in the preamble to this proposed rule, both monkfish 
stocks are behind their respective rebuilding schedules. As a result, 
it is necessary to revise the management program to ensure that the 10-
year rebuilding program implemented in the FMP can be met. In addition, 
the retirement of the R/V Albatross will complicate the assessment of 
the monkfish stock condition, necessitating a change in the way the 
target TACs are determined. There are also concerns that reductions in 
multispecies fishing opportunities may lead to more directed fishing on 
monkfish by limited access multispecies permit holders that also 
possess limited access monkfish permits. As a result, it may be 
necessary to more closely regulate the monkfish fishery in the NFMA to 
ensure that stock rebuilding goals are met. The proposed action would 
also address the socio-economic problem created in the SFMA by the 
current target TAC setting method established in Framework 2, where 
vessels have been subjected to sometimes wide swings in target TACs 
and, subsequently, in annual trip limits and DAS allocations. The 
current method for setting target TACs has made it difficult for 
industry members to develop business plans and fishing strategies.
    The regulations implementing the FMP, found at 50 CFR 648, subpart 
F, authorize the Councils to adjust management measures as needed to 
achieve the goals of the FMP. The objective of this action is to 
achieve the rebuilding goals of the FMP through adjustments to monkfish 
target TACs, trip limits, and DAS allocations for FY 2007 through FY 
2009, and to mitigate, to the extent possible, the economic effects of 
the rebuilding plan. Therefore, the proposed action is consistent with 
the goals of the FMP and its implementing regulations.
    All of the entities (fishing vessels) affected by this action are 
considered small entities under the Small Business Administration size 
standards for small fishing businesses ($4 million in gross sales). 
Therefore, there is no disproportionate impact on small entities 
compared to large entities. As of October 13, 2006, there were 731 
limited access monkfish permit holders and approximately 2,121 vessels 
holding an open access Category E monkfish permit. This action would 
affect all active limited access vessels and any open access monkfish 
vessels that land monkfish from the NFMA.
    Vessel activity reports for FY 2005 indicate that 627 limited 
access monkfish permit holders participated in the monkfish fishery. Of 
these vessels, 150 fished exclusively in the NFMA and 226 fished 
exclusively in the SFMA, with the remaining 251 fishing in both 
management areas. During the same time period, vessel activity reports 
indicate that 570 incidental permit holders reported landing monkfish. 
Of these vessels, 163 landed monkfish only from the NFMA, 344 landed 
monkfish only from the SFMA, and 63 landed monkfish from both 
management areas. The proposed measures would affect at least the 627 
vessels that fished for monkfish during FY 2005 and the 226 incidental 
permit holders landing monkfish from the NFMA.

Economic Impacts Proposed Framework 4 Measures

1. Target TACs for the NFMA and SFMA

    The proposed target TACs would affect all limited access monkfish 
vessels, with differential impacts depending upon the management area 
in which the vessels fish. The level of these impacts depends not only 
on the area in which the vessels fish, but also the extent to which 
participating vessels must change their fishing behavior due to the 
imposition of DAS requirements (i.e., in the NFMA), changes to current 
DAS allocations, or changes to current trip limits.
    The combined target TACs proposed in Framework 4 would reduce 
overall monkfish fishing effort by 11 percent compared to FY 2006. 
While the proposed target TAC for the NFMA would be decreased by 
approximately 35 percent, the proposed target TAC for the SFMA would be 
increased by approximately 39 percent. The NFMA target TAC being 
proposed for the interim rule would be the same as the target TAC 
contained in Framework 4, and therefore would result in the same 
impacts to small entities. However, the proposed interim SFMA target 
TAC would be 28 percent less than the one contained in Framework 4, but 
equivalent to the target TAC in currently in effect for FY 2006. 
Therefore, the impacts to small entities resulting from the proposed 
interim target TAC would be similar to the impacts currently being 
experienced by the limited access monkfish vessels that fish in the 
SFMA or in both management areas. These impacts were analyzed in the 
IRFA prepared for the 2006 Monkfish Annual Adjustment.
    The other option being considered for the SFMA is to shut down the 
directed fishery in this area. An analysis of the impacts to small 
entities of shutting down the directed monkfish fishery in both 
management areas is contained in the IRFA prepared for Framework 4. 
According to this analysis, vessels fishing only in the SFMA would 
experience a 4.2-percent reduction in average vessel return, a 5.3-
percent reduction in average crew return, and a 57.9 percent reduction 
in average monkfish revenue. If the directed fishery were to be closed 
in both management areas, vessels that fish in both management areas 
would experience a 3.1-percent reduction in average vessel return, a 
3.5 percent reduction in average crew return, and a 19.1- percent 
reduction in average monkfish return (assuming an incidental catch 
limit of 300 lb tail weight per DAS). If the directed fishery were only 
to be closed in the SFMA, it is expected that the projected impacts to 
vessels fishing in both areas would be slightly less.

2. DAS Requirement for the NFMA

    In FY 2005, there were 233 limited access monkfish vessels that 
also held a limited access NE multispecies DSA permit that landed more 
than the existing 400-lb (181-kg) tail weight trip limit for monkfish 
while fishing in the NFMA. Furthermore, there were 249 such vessels 
that landed more than the proposed incidental catch limit of 300 lb 
(136 kg) tail weight. Under the proposed measures, these 249 vessels 
would be required to call in a monkfish DAS in the NFMA if they wish to 
land more than the incidental catch limit. This is a minor 
administrative burden, but is not expected to entail a change in 
fishing practices.

3. Trip Limits and DAS Alternatives

    The trip limit and DAS alternatives contained in Framework 4 would 
impact limited access monkfish vessels fishing for monkfish in either 
management area, to the extent that these measures impact their normal 
fishing activities. The estimation of relative economic impacts was 
accomplished through the use of a trip limit model to estimate average 
changes in per-trip vessel returns net of operating costs and crew 
payments, and changes in monkfish revenue. That analysis uses data from 
observed trips to simulate outcomes under alternative trip limits and 
DAS allocations. Because FY 2006 data are not yet complete, the trip 
limit data are compiled from FY 2005 vessel trip reports and dealer 
weighout slips. The relative change in

[[Page 13073]]

net return to the vessel was estimated by calculating the average per-
trip returns to the vessel owner using both the FY 2006 trip limits and 
the trip limits being proposed for FY 2007-FY 2009 in Framework 4.
    For vessels fishing only in the NFMA, the results of the trip limit 
model indicate that the per trip average vessel return on monkfish 
trips would decline by 4.9 percent under the proposed action, with a 
range of 2.8 to 12 percent under the other trip limit and DAS 
alternatives considered. Average crew return would decline by 8.3 
percent under the proposed action, with a range of 4.6 to 20.1 percent 
under the alternatives considered. Finally, average monkfish revenue 
would decline by 18.6 percent under the proposed action, with a range 
of 10.4 to 45.7 percent under the other alternatives considered.
    For vessels fishing only in the SFMA, the results of the trip limit 
model indicate uniformly positive impacts due to the increase in the 
target TAC and resulting DAS allocation, but are likely an 
understatement of the true impacts due to problems with linking data 
sources, and assumptions concerning incidental catch limits that needed 
to be made in order to conduct the analysis. According to this 
analysis, the per trip average vessel return on monkfish trips would 
increase by 2.5 under the proposed action, and by 3.4 percent under the 
other alternative considered. Average crew return would increase by 3.4 
percent under the proposed action, and by 4.6 percent under the other 
alternative considered. Finally, average monkfish revenue would 
increase by 34.1 percent under the proposed action, and by 46.9 percent 
under the other alternative considered. Of the alternatives considered, 
the results of this analysis indicate that the non-preferred 
alternative would have the largest positive impact on limited access 
monkfish vessels that fish only in the SFMA.
    Vessels fishing in both the NFMA and the SFMA would be 
simultaneously affected by the incidental trip limit alternative 
selected for the NFMA, the DAS and trip limit alternative selected for 
the NFMA, and the DAS and trip limit alternative selected for the SFMA. 
While these vessels have the demonstrated ability to shift between 
management areas and are more likely to change fishing locations than 
vessels that have historically fishing in only one area, the trip limit 
model does not incorporate this possibility. Rather, the model assumes 
that vessels will continue fishing in the same locations they did 
previously. Overall, the ability of these vessels to shift between 
management areas mitigates the impacts of changes in regulations to 
either area. Under the proposed action, for vessels that fish in both 
management areas, average per trip vessel return would decline by 0.2 
percent, average crew return would decline by 0.5 percent, and average 
monkfish revenue would decline by 12.6 percent. Out of all the NFMA and 
SFMA trip limit and DAS alternatives considered, including the NFMA 
incidental catch limit alternatives, the best combination of these 
alternatives, based on the trip limit model, is the combination of a 
400-lb (181-kg) incidental catch limit in the NFMA, no trip limit for 
directed trips and 21 DAS in the NFMA, and a 550-lb (249-kg) tail 
weight trip limit for monkfish limited access Category A, C, and G 
vessels, a 450-lb (204-kg) tail weight trip limit for Category B, D, 
and H vessels, and 23 DAS in the SFMA. This combination would lead to a 
3.6-percent reduction in monkfish revenue, but would result in marginal 
increases in vessel and crew return.
    The impacts to small entities of implementing the DAS requirements 
and trip limits proposed in Framework 4 through an interim rule would 
be the same as described above. However, the impacts to small entities 
of maintaining the same DAS restrictions and trip limits for the SFMA 
that are currently in effect for FY 2006 would be similar to the 
impacts currently being experienced by the limited access monkfish 
vessels that fish in the SFMA or in both management areas. These 
impacts were analyzed in the IRFA prepared for the 2006 Monkfish Annual 
Adjustment.

4. Monkfish Incidental Catch Limit for the NFMA

    The proposed action would impact all monkfish vessels (limited 
access and open access incidental permit holders) fishing in the NFMA 
and landing more than the proposed trip limit of 300 lb (136 kg) tail 
weight, or 25 percent of the weight of fish on board. Under the 
proposed measure, limited access monkfish vessels would have some 
number of DAS that can be used to fish at more than the incidental 
limit and would only be constrained to the extent that they would have 
to reduce their monkfish landings on days fished over their monkfish 
DAS allocation. In FY 2005, 78.2 percent of all trips by monkfish 
vessels fishing in the NFMA landed less than the proposed 300-lb (136-
kg) tail weight limit, while 82.4 percent of these trips landed less 
than the current 400-lb (181-kg) tail weight limit. Therefore, in 
general, most vessels would be minimally impacted by the proposed trip 
limit change. However, monkfish limited access Category A and C vessels 
had a larger percentage of trips in excess of the current and proposed 
incidental catch limits. During FY 2005, only 13.2 percent of trips by 
monkfish limited access Category A vessels were less than 400 lb (181 
kg) tail weight and 5.3 percent of trips were less than 300 lb (136 kg) 
tail weight. For limited access Category C vessels, 48.8 percent of the 
FY 2005 trips were less than 400 lb (181 kg) tail weight and 42.2 
percent of the trips were less than 300 lb (136 kg) tail weight. 
However, as previously noted, these vessels would have monkfish DAS 
that they could utilize in the NFMA to land monkfish in excess of the 
proposed incidental catch limit, mitigating the impact of the proposed 
measure on these vessels.

5. Target TAC Overage Backstop Provision

    The proposed target TAC overage backstop measure would potentially 
affect all vessels landing more than the incidental catch limit in 
either management area, since it could lead to a closure of the 
directed fishery in either or both management areas during FY 2009. The 
analysis of this measure is based on the closure of the directed 
fishery during FY 2009, since this is the worst case scenario under the 
proposed measure.
    For vessels fishing only in the NFMA, decreases in average vessel 
return would range from 0.8 to 2.7 percent under the trip limit and DAS 
alternatives considered, and would be 2.2 percent under the proposed 
trip limit and DAS alternative for the NFMA. Decreases in average crew 
return would range from 1.4 to 4.9 percent, and would be 4.0 percent 
under the proposed action. Declines in average monkfish revenue would 
range from 3.5 to 12.1 percent, and would be 9.9 percent under the 
proposed action.
    For vessels that fish only in the SFMA, decreases in average vessel 
return would be 6.5 percent under the proposed trip limit and DAS 
alternative for the SFMA, and 7.3 percent under the other trip limit 
and DAS alternative considered. Decreases in average crew return would 
be 8.5 percent under the proposed action and 9.5 percent under the 
other alternative considered. Declines in average monkfish revenue 
would be 68.6 percent under the proposed action and 71.4 percent under 
the other alternative considered.
    For vessels that fish in both areas, the ability to fish in both 
areas tends to mitigate the impacts of changes to management measures 
in either area. The proposed action would result in

[[Page 13074]]

declines of 2.9, 3.0, and 7.4 percent in average vessel return, net 
payment to crew, and monkfish revenue, respectively. These results 
represent the worst case scenario of both the NFMA and SFMA closing 
under the proposed target TAC overage backstop alternative.

6. Extension of Measures Beyond FY 2009

    The two alternatives, including no action, describe the measures 
that would be in place beyond the final 3 years of the rebuilding 
program if the Councils take no additional action to implement a 
revised management program. Under the no action alternative, whatever 
measures are in effect in 2009 would remain in place, even if the 
directed fishery is shut down under the target TAC overage backstop 
provision (if adopted). Under the proposed action, if the directed 
fishery is shut down under the TAC overage backstop provision, and the 
Councils take no action to revise the management program for FY 2010 
and beyond, then the measures in place in FY 2008 would be in effect. 
The economic impact of these two options cannot be quantified at this 
time, but qualitatively, the closure of the directed fishery continuing 
into FY 2010 and beyond (if that occurs) would likely have a greater 
negative impact on vessels and communities dependent on monkfish than 
allowing a directed fishery to occur due to the lost revenues from the 
relatively high value monkfish fishery, to the extent those lost 
revenues are not made up for by any increased revenues from other 
fisheries as vessels seek to compensate for the closure.

7. Revision to Boundary Line for Category H Permit Holders

    Amendment 2 established a new fishery for some vessels that did not 
qualify for a limited access permit in the initial FMP. Seven vessels 
qualified for this fishery and six are actively fishing. These vessels 
have been constrained by area closures to protect sea turtles, so that 
the area available to them for fishing is approximately 20 nautical 
miles (37 km) wide. This, coupled with the limited season when monkfish 
are available in the area, led the industry to request that the 
boundary for the fishery be moved northward 20 nautical miles (37 km) 
from 38[deg]20' N lat. to 38[deg]40' N lat. The proposed action would 
increase the fishing opportunities available to the affected vessels.

8. Scallop Closed Area Access Program Monkfish Incidental Catch Limit

    Under the no action alternative, scallop vessels fishing in the 
Closed Area Access Program have a monkfish incidental limit applicable 
to vessels fishing with a dredge and not on a scallop DAS, or 50 lb (23 
kg) tail weight per day to a maximum of 150 lb (68 kg) tail weight. 
Under the proposed action, the incidental limit applicable to those 
vessels would be the same as applies to scallop vessels fishing on a 
scallop DAS, or 300 lb (136 kg) tail weight per DAS, except that the 
incidental limit would be based only on the time that the vessel is in 
the applicable scallop access area, not including steaming time. The 
proposed action would have a slightly positive economic effect compared 
to the no action alternative, because it would enable scallop vessels 
to convert discards to landings and realize the revenue from that 
catch. The magnitude of this effect, however, is not expected to be 
significant relative to the value of the scallop landings on those 
trips. The Councils do not expect that the proposed action presents any 
new incentive for scallop vessels to target monkfish under the 
increased incidental limit, given the relative value of the scallop 
catch to the difference in allowable monkfish landings under the two 
alternatives.
    This proposed rule does not duplicate, overlap, or conflict with 
other Federal rules.
    This proposed rule contains a collection-of-information requirement 
subject to review and approval by the Office of Management and Budget 
(OMB) under the Paperwork Reduction Act (PRA). This requirement has 
been submitted to OMB for approval. Public reporting burden for the 
provision that would allow limited access monkfish vessels fishing in 
the NFMA to change their VMS declaration while at sea is estimated to 
average 5 minutes per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection information.
    Public comment is sought regarding whether this proposed collection 
of information is necessary for the proper performance of the functions 
of the agency, including whether the information shall have practical 
utility; the accuracy of the burden estimate; ways to enhance the 
quality, utility, and clarity of the information to be collected; and 
ways to minimize the burden of the collection of information, including 
through the use of automated collection techniques or other forms of 
information technology. Send comments on these or any other aspects of 
the collection of information to the Northeast Regional Office at the 
ADDRESSES above, and by e-mail to <a href="/cdn-cgi/l/email-protection#622603140b063d300d1116090710220d0f004c070d124c050d14"><span class="__cf_email__" data-cfemail="91d5f0e7f8f5cec3fee2e5faf4e3d1fefcf3bff4fee1bff6fee7">[email protected]</span></a> or fax to 
(202) 395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: March 14, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 648 is 
proposed to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

    1. The authority citation for part 648 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.
    2. In Sec.  648.4, the paragraph headings for (a)(9)(i)(A)(6) and 
(7) are revised to read as follows:


Sec.  648.4  Vessel permits.

* * * * *
    (a) * * *
    (9) * * *
    (i) * * *
    (A) * * *
    (6) Category G permit (vessels restricted to fishing south of 
38[deg]40' N. lat. As described in Sec.  648.92(b) that do not qualify 
for a monkfish limited access Category A, B, C, or D permit).* * *
    (7) Category H permit (vessels restricted to fishing south of 
38[deg]40' N. lat. As described in Sec.  648.92(b) that do not qualify 
for a monkfish limited access Category A, B, C, or D permit). * * *
* * * * *
    3. In Sec.  648.92, paragraphs (b)(1), (b)(2)(i), (b)(2)(ii)(B), 
and (b)(9)(i) are revised to read as follows:


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

* * * * *
    (b) * * *
    (1) Limited access monkfish permit holders.--(i) General provision. 
Limited access monkfish permit holders shall be allocated 31 monkfish 
DAS each fishing year to be used in accordance with the restrictions of 
this paragraph (b), unless otherwise restricted by paragraph (b)(1)(ii) 
of this section or modified by

[[Page 13075]]

Sec.  648.96(b)(3), or unless the vessel is enrolled in the Offshore 
Fishery Program in the SFMA, as specified in paragraph (b)(1)(iv) of 
this section. The annual allocation of monkfish DAS shall be reduced by 
the amount calculated in paragraph (b)(1)(v) of this section for the 
research DAS set-aside. Limited access NE multispecies and limited 
access sea scallop permit holders who also possess a limited access 
monkfish permit must use a NE multispecies or sea scallop DAS 
concurrently with each monkfish DAS utilized, except as provided in 
paragraph (b)(2) of this section, unless otherwise specified under this 
subpart F.
    (ii) DAS restrictions for vessels fishing in the SFMA. Limited 
access monkfish vessels may only use 23 of their 31 monkfish DAS 
allocation in the SFMA. All limited access monkfish vessels fishing in 
the SFMA must declare that they are fishing in this area through the 
vessel call-in system or VMS prior to the start of every trip. In 
addition, if a vessel does not possess a valid letter of authorization 
from the Regional Administrator to fish in the NFMA as described in 
Sec.  648.94(f), NMFS shall presume that any monkfish DAS used were 
fished in the SFMA.
    (iii) DAS declaration provision for vessels fishing in the NFMA 
with a VMS unit. Any limited access NE multispecies vessel fishing 
under a NE multispecies Category A DAS in the NFMA, and issued an LOA 
as specified in Sec.  648.94(f), may change its DAS declaration to a 
monkfish DAS through the vessel's VMS unit during the course of the 
trip, 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). 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 provisions described in paragraph (b)(2)(i) of this section.
    (iv) 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).
    (v) Research DAS set-aside. A total of 500 DAS shall be set aside 
and made available for cooperative research programs as described in 
paragraph (c) of this section. These DAS shall be deducted from the 
total number of DAS allocated to all monkfish limited access permit 
holders, as specified under paragraph (b)(1)(i) of this section. A per 
vessel deduction shall be determined as follows: Allocated DAS minus 
the quotient of 500 DAS divided by the total number of limited access 
permits issued in the previous fishing year. For example, if the DAS 
allocation equals 31 DAS and there were 750 limited access monkfish 
permits issued during FY 2006, the number of DAS allocated to each 
vessel during FY 2007 would be 31 DAS minus 0.7 (500 DAS divided by 750 
permits), or 30.3 DAS.
    (2) * * *
    (i) Unless otherwise specified in paragraph (b)(2)(ii) of this 
section, each monkfish DAS used by a limited access NE multispecies or 
scallop DAS vessel holding a Category C, D, F, G, or H limited access 
monkfish permit shall also be counted as a NE multispecies or scallop 
DAS, as applicable, except when a Category C, D, F, G, or H vessel with 
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. Under this circumstance, the vessel may fish 
under the monkfish limited access Category A or B provisions, as 
applicable, for the number of DAS that equal the difference between the 
number of its allocated monkfish DAS and the number of its allocated NE 
multispecies Category A DAS. For such vessels, when the total 
allocation of NE multispecies Category A DAS has been used, a monkfish 
DAS may be used without concurrent use of a NE multispecies DAS. For 
example, if a monkfish Category D vessel's NE multispecies Category A 
DAS allocation is 20, and the vessel fished 20 of its 31 monkfish DAS, 
20 NE multispecies Category A DAS would also be used. However, after 
all 20 NE multispecies Category A DAS are used, the vessel may utilize 
its remaining 11 monkfish DAS to fish for monkfish, without a NE 
multispecies DAS being used, provided that the vessel fishes under the 
regulations pertaining to a Category B vessel and does not retain any 
regulated NE multispecies.
    (ii) * * *
    (A) * * *
    (B) A monkfish Category C, D, F, G, or H vessel that leases DAS to 
another vessel(s), pursuant to Sec.  648.82(k), must forfeit a monkfish 
DAS for each NE multispecies DAS that the vessel leases, equal in 
number to the difference between the number of remaining NE 
multispecies DAS and the number of unused monkfish DAS at the time of 
the lease. For example, if a lessor vessel, which had 31 unused 
monkfish DAS and 35 allocated NE multispecies DAS, leased 10 of its NE 
multispecies DAS to another vessel, the lessor would forfeit 6 of its 
monkfish DAS (10 - (35 NE multispecies DAS - 31 monkfish DAS) = 6).
    (9) * * *
    (i) Vessels issued monkfish limited access Category G or H permits 
may only fish under a monkfish DAS in the area south of 30[deg]40' N. 
lat.
* * * * *
    4. In Sec.  648.94, paragraphs (b)(1), (b)(2)(i), (b)(2)(ii), 
(b)(3)(i), (b)(3)(ii), (c)(1)(i), and (c)(8) are revised to read as 
follows:


Sec.  648.94  Monkfish possession and landing restrictions.

* * * * *
    (b) * * *
    (1) Vessels fishing under the monkfish DAS program in the NFMA--(i) 
Category A and C vessels. Limited access monkfish Category A and C 
vessels that fish under a monkfish DAS exclusively in the NFMA may land 
up to 1,250 lb (567 kg) tail weight or 4,150 lb (1,882 kg) whole weight 
of monkfish per DAS (or any prorated combination of tail weight and 
whole weight based on the conversion factor for tail weight to whole 
weight of 3.32).
    (ii) Category B and D vessels. Limited access monkfish Category B 
and D vessels that fish under a monkfish DAS exclusively in the NFMA 
may land up to 470 lb (213 kg) tail weight or 1,560 lb (708 kg) whole 
weight of monkfish per DAS (or any prorated combination of tail weight 
and whole weight based on the conversion factor for tail weight to 
whole weight of 3.32).
    (2) Vessels fishing under the monkfish DAS program in the SFMA--(i) 
Category A, C, and G vessels. Limited access monkfish Category A, C, 
and G vessels that fish under a monkfish DAS in the SFMA may land up to 
550 lb (249 kg) tail weight or 1,826 lb (828 kg) whole weight of 
monkfish per DAS (or any prorated combination of tail weight and whole 
weight based on the conversion factor for tail weight to whole weight 
of 3.32).
    (ii) Category B, D, and H vessels. Limited access monkfish Category 
B, D, and H vessels that fish under a monkfish DAS in the SFMA may land 
up to 450 lb (204 kg) tail weight or 1,494 lb (678 kg) whole weight of 
monkfish per DAS (or any prorated combination of tail weight and whole 
weight based on the conversion factor for tail weight to whole weight 
of 3.32).
* * * * *
    (3) Category C, D, F, G and H vessels fishing under the 
multispecies DAS program--(i) NFMA. Limited access monkfish Category C, 
D, F, G, or H vessels that are fishing under a NE

[[Page 13076]]

multispecies DAS, and not a monkfish DAS, exclusively in the NFMA are 
subject to the incidental catch limit specified in paragraph (c)(1)(i) 
of this section. Category C, D, F, G and H vessels participating in the 
Northeast Multispecies Regular B DAS program, as specified under Sec.  
648.85(b)(6), are also subject to the incidental catch limit specified 
in paragraph (c)(1)(i) of this section.
    (ii) SFMA--(A) Category C, D, and F vessels. Limited access 
monkfish Category C, D, or F vessels that fish any portion of a trip 
under a NE multispecies DAS in the SFMA, and not a monkfish DAS, may 
land up to 300 lb (136 kg) tail weight or 996 lb (452 kg) whole weight 
of monkfish per DAS if trawl gear is used exclusively during the trip, 
or 50 lb (23 kg) tail weight or 166 lb (75 kg ) whole weight per DAS if 
gear other than trawl gear is used at any time during the trip. 
Category C, D, and F vessels participating in the Northeast 
Multispecies Regular B DAS program, as specified under Sec.  
648.85(b)(6), are also subject to the incidental catch limit specified 
in paragraph (c)(1)(ii) of this section.
    (B) Category G, and H vessels. Limited access monkfish Category G 
and H vessels that fish any portion of a trip under a NE multispecies 
DAS in the SFMA, and not under a monkfish DAS, are subject to the 
incidental catch limit specified in paragraph (c)(1)(ii) of this 
section. Category G and H vessels participating in the Northeast 
Multispecies Regular B DAS program, as specified under Sec.  
648.85(b)(6), are also subject to the incidental catch limit specified 
in paragraph (c)(1)(ii) of this section.
* * * * *
    (c) * * *
    (1) * * *
    (i) NFMA. Vessels issued a valid monkfish incidental catch 
(Category E) permit or a valid limited access Category C, D, F, G, or H 
permit, fishing under a NE multispecies DAS exclusively in the NFMA may 
land up to 300 lb (136 kg) tail weight or 996 lb (452 kg) whole weight 
of monkfish per DAS, or 25 percent (where the weight of all monkfish is 
converted to tail weight) of the total weight of fish on board, 
whichever is less. For the purpose of converting whole weight to tail 
weight, the amount of whole weight possessed or landed is divided by 
3.32.
* * * * *
    (8) Scallop vessels not fishing under a scallop DAS with dredge 
gear--(i) General provisions. A vessel issued a valid monkfish 
incidental catch (Category E) permit and a valid General Category sea 
scallop permit or a limited access sea scallop vessel not fishing under 
a scallop DAS, while fishing exclusively with scallop dredge gear as 
specified in Sec.  648.51(b), may possess, retain, and land up to 50 lb 
(23 kg) tail weight or 166 lb (75 kg) whole weight of monkfish per day 
or partial day, not to exceed 150 lb (68 kg) tail weight or 498 lb (226 
kg) whole weight per trip, unless otherwise specified in paragraph 
(c)(8)(ii) of this section.
    (ii) Limited access scallop vessels fishing in Sea Scallop Access 
Areas. A vessel issued a valid monkfish incidental catch (Category E) 
permit and a limited access sea scallop permit while fishing 
exclusively with scallop dredge gear as specified in Sec.  648.51(b), 
and fishing in one of the established Sea Scallop Access Areas 
specified under Sec.  648.59, may possess, retain, and land up to 300 
lb (136 kg) tail weight or 996 lb (452 kg) whole weight of monkfish per 
day or partial day fished within the boundaries of the Sea Scallop 
Access Area. Time within the applicable access area, for purposes of 
determining the incidental catch limit, will be determined through the 
vessel's VMS unit.
* * * * *
    5. In Sec.  648.96, the section heading is revised, paragraph (a) 
heading, (b)(1) through (4) are revised, and paragraphs (b)(5) and 
(b)(6) are added to read as follows:


Sec.  648.96  Monkfish annual target TACs and framework specifications.

    (a) Annual review. * * *
    (b) * * *
    (1) Annual Target TACs for FY 2007 through FY 2009--(i) NFMA. The 
annual target TAC for the NFMA is 5,000 mt for FY 2007 through FY 2009, 
unless otherwise recommended by the MFMC through its annual review 
procedure specified in paragraph (a) of this section, and adopted 
through the procedures outlined in paragraph (b)(4) of this section.
    (ii) SFMA. The annual target TAC for the SFMA is 5,100 mt for FY 
2007 through FY 2009, unless otherwise recommended by the MFMC through 
its annual review procedure specified in paragraph (a) of this section, 
and adopted through the procedures outlined in paragraph (b)(4) of this 
section.
    (2) Annual Target TACS for FY 2010 and beyond. If a regulatory 
action is not implemented to establish target TACs for the monkfish 
fishery for FY 2010 or subsequent years, either through the annual 
review procedure described in paragraph (a) of this section or another 
type of regulatory action, the target TACs in effect during FY 2007-FY 
2009 will remain in effect until new measures are implemented. The 
management measures for FY 2010 or subsequent years that would be 
associated with these target TACs is described in paragraph (b)(6) of 
this section.
    (3) Setting DAS allocations--(i) The process of determining the 
appropriate DAS allocations for each management area involves first 
estimating incidental landings for each management area and then 
estimating the proportional catch for permit categories A and C, and 
permit categories B, D, and H based upon vessel trip reports for the 
most recently completed fishing year for which a complete set of 
landings data exists. The landings proportions generated for each 
permit category group (A and C versus B, D, and H) are then used to 
estimate the landings that would be associated with each permit 
category group under a given target TAC, less projected incidental 
landings. For example, a target TAC of 5,100 mt equates to 11,243,580 
lb (5,100,000 kg). If incidental landings for the SFMA are projected to 
be 2,070,000 lb, the total amount of the target TAC available to 
limited access vessels would be 9,173,580 lb (4,161,066 kg). If the 
proportion of landings for permit category A and C vessels is 37 
percent, and the proportion for permit category B, C, and H vessels is 
63 percent, then the landing levels associated with each permit 
category group under this target TAC would be 3,394,225 lb (1,539,595 
kg) and 5,779,355 lb (2,621,471 kg), respectively.
    (ii) Landings are assumed to be fixed at a constant rate per day 
for each vessel, equivalent to the average daily landings of each 
vessel in the reference year, of the last applicable full year of 
landings data (a year is applicable if the TAC in that year was lower 
than the TAC in the year to be calculated).
    (iii) To adjust for the ability of vessels to carryover up to 10 
unused monkfish DAS from the previous fishing year to the current 
fishing year, adjustments to DAS usage shall be made by first reducing 
the landings for all permit holders who have used more than the annual 
DAS allocation specified in Sec.  648.94(b)(1)(i) (e.g., 31 monkfish 
DAS) by the proportion of DAS exceeding that annual DAS allocation, and 
then resetting the upper limit of DAS usage at the annual DAS 
allocation.
    (iv) Linear interpolation is then used to determine which DAS level 
would closest achieve the estimated landing levels for each permit 
category group under a given target TAC.
    (4) Council TAC Recommendations. The Councils shall consider any 
target

[[Page 13077]]

TAC(s) recommended by the MFMC as part of its annual review specified 
in paragraph (a) of this section, and then forward their target TAC 
recommendation to the Regional Administrator. If the Councils recommend 
target TAC(s) to the Regional Administrator, and the Regional 
Administrator concurs with this recommendation, the Regional 
Administrator shall promulgate the target TAC(s) and associated 
management measures through rulemaking consistent with the APA. If the 
Regional Administrator does not concur with the Councils' 
recommendation, then the Councils shall be notified in writing of the 
reasons for the non-concurrence.
    (5) Target TAC Overages--(i) If monkfish landings exceed the annual 
target TAC for either management area by more than 10 percent but less 
than or equal to 30 percent during FY 2007, the Regional Administrator 
shall adjust the annual monkfish DAS allocation for the management area 
in which the overage occurred, through rulemaking consistent with the 
APA, for FY 2009 using catch and effort information for FY 2007 
according to the procedures outlined in paragraph (b)(3) of this 
section.
    (ii) If monkfish landings exceed the annual target TAC for either 
management area by more than 30 percent during FY 2007, the Regional 
Administrator shall reduce the annual monkfish DAS allocation to zero 
for FY 2009 for the management area in which the overage occurred, 
through rulemaking consistent with the APA.
    (6) Management measures for FY 2010 and beyond. If a regulatory 
action is not implemented to establish management measures for the 
monkfish fishery for FY 2010 or subsequent years, either through the 
annual review process or another type of regulatory action, the 
management measures in effect during FY 2009 (i.e., trip limits and DAS 
allocations) will remain in effect until new measures are implemented, 
with the following exception. If the monkfish DAS allocation is reduced 
to zero in either management area during FY 2009 as a result of the 
target TAC overage provision described in paragraph (b)(3) of this 
section, the annual DAS allocation and associated trip limits for that 
management area for FY 2010 and beyond will be equivalent to the annual 
monkfish DAS allocation and trip limits in effect during FY 2008, 
unless otherwise recommended by the MFMC through its annual review 
procedure specified in paragraph (a) of this section, or until 
superceded by a subsequent regulatory action.
* * * * *
[FR Doc. E7-5051 Filed 3-19-07; 8:45 am]
BILLING CODE 3510-22-S


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