Federal Register / Vol. 72, No. 53 / Tuesday, March 20, 2007 / Proposed Rules 13069 

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. 

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: 

• E-mail: E-mail comments for 

Framework 4 may be submitted to 

monkfishFW4@noaa.gov. 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 monkfishinterim07@noaa.gov. Include in the 

subject line the following ‘‘Comments 

on Proposed Monkfish Interim 

Measures.’’

• Federal e-Rulemaking Portal: http:// 

www.regulations.gov. 

• 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. 

• 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 

DavidlRostker@omb.eop.gov, 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 Allison.McHale@noaa.gov, phone 

(978) 281–9103, fax (978) 281–9135. 

SUPPLEMENTARY INFORMATION: 

Background 

The monkfish fishery is jointly 

managed by the New England and MidAtlantic 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 (Bthreshold), 

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 


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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 


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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 ι6) 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°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°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°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 MagnusonStevens 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 


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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 


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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 nonpreferred 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 


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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°20′ N lat. to 38°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 

DavidlRostker@omb.eop.gov 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 § 648.4, the paragraph headings 

for (a)(9)(i)(A)(6) and (7) are revised to 

read as follows: 

§ 648.4 Vessel permits. 

* * * * * 

(a) * * * 

(9) * * * 

(i) * * * 

(A) * * * 

(6) Category G permit (vessels 

restricted to fishing south of 38°40′ N. 

lat. As described in § 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°40′ N. 

lat. As described in § 648.92(b) that do 

not qualify for a monkfish limited 

access Category A, B, C, or D permit). 

* * * 

* * * * * 

3. In § 648.92, paragraphs (b)(1), 

(b)(2)(i), (b)(2)(ii)(B), and (b)(9)(i) are 

revised to read as follows: 

§ 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 


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§ 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 § 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 § 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 § 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 § 648.95, shall be 

allocated a prorated number of 

monkfish DAS as specified in 

§ 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 § 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 § 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°40′ N. lat. 

* * * * * 

4. In § 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: 

§ 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 


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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 § 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 § 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 § 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 § 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 § 648.51(b), 

and fishing in one of the established Sea 

Scallop Access Areas specified under 

§ 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 § 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: 

§ 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 

§ 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 


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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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