20952 Federal Register / Vol. 72, No. 81 / Friday April 27, 2007 / Rules and Regulations 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997) applies to any rule that 

(1) is determined to be ‘‘economically 

significant’’ as defined under Executive 

Order 12866, and (2) concerns an 

environmental health or safety risk that 

EPA has reason to believe may have a 

disproportionate effect on children. If 

the regulatory action meets both criteria, 

Section 5–501 of the Order directs the 

Agency to evaluate the environmental 

health or safety effects of the planned 

rule on children, and explain why the 

planned regulation is preferable to other 

potentially effective and reasonably 

feasible alternatives considered by the 

Agency. 

This rule is not subject to the 

Executive Order because it is not 

economically significant as defined in 

EO 12866, and because the Agency does 

not have reason to believe the 

environmental health or safety risks 

addressed by this action present a 

disproportionate risk to children. This 

direct final rule merely changes the 

regulatory schedule for a rulemaking to 

address emissions from Category 3 

marine engines. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not a ‘‘significant energy 

action’’ as defined in Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001) because it is not likely to have 

a significant adverse effect on the 

supply, distribution or use of energy. 

This direct final rule merely changes the 

regulatory schedule for a rulemaking to 

address emissions from Category 3 

marine engines. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, section 12(d) (15 U.S.C. 272 

note) directs EPA to use voluntary 

consensus standards in its regulatory 

activities unless doing so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (such as materials 

specifications, test methods, sampling 

procedures, and business practices) that 

are developed or adopted by voluntary 

consensus standards bodies. NTTAA 

directs EPA to provide Congress, 

through OMB, explanations when the 

Agency decides not to use available and 

applicable voluntary consensus 

standards. 

This direct final rule does not involve 

technical standards. This direct final 

rule merely changes the regulatory 

schedule for a rulemaking to address 

emissions from Category 3 marine 

engines. Therefore, EPA did not 

consider the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this rule will 

not have disproportionately high and 

adverse human health or environmental 

effects on minority or low-income 

populations because it does not affect 

the level of protection provided to 

human health or the environment. This 

direct final rule merely changes the 

regulatory schedule for a rulemaking to 

address emissions from Category 3 

marine engines. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to Congress and the 

Comptroller General of the United 

States. We will submit a report 

containing this rule and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States before publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). This direct 

final rule is effective on June 26, 2007. 

L. Statutory Authority 

The statutory authority for this action 

comes from section 213 of the Clean Air 

Act as amended (42 U.S.C. 7547). This 

action is a rulemaking subject to the 

provisions of Clean Air Act section 

307(d). See 42 U.S.C. 7607(d). 

List of Subjects in 40 CFR Part 94 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Confidential 

business information, Imports, 

Penalties, Reporting and recordkeeping 

requirements, Vessels, Warranties. 

Dated: April 23, 2007. 

Stephen L. Johnson, 

Administrator. 

■ For the reasons set out in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations is amended as 

follows: 

PART 94—CONTROL OF AIR 

POLLUTION FROM MARINE 

COMPRESSION–IGNITION EMISSIONS 

■ 1. The authority citation for part 94 

continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

■ 2. Section 94.8 is amended by revising 

paragraph (a)(2)(ii) to read as follows: 

§ 94.8 Exhaust emission standards. 

(a) * * * 

(2) * * * 

(ii) EPA has not finalized Tier 2 

standards for Category 3 engines. EPA 

will promulgate final Tier 2 standards 

for Category 3 engines on or before 

December 17, 2009. 

* * * * * 

[FR Doc. E7–8105 Filed 4–26–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 070312058–7087–02; I.D. 

020507A] 

RIN 0648–AU34 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Interim 

Secretarial Action 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; interim 

measures; request for comments. 

SUMMARY: NMFS implements this 

interim final rule pursuant to its 

authority to issue interim measures 

under the Magnuson-Stevens Fishery 

Conservation and Management Act 


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Federal Register / Vol. 72, No. 81 / Friday April 27, 2007 / Rules and Regulations 20953 

(Magnuson-Stevens Act). This 

temporary action implements measures 

to help end overfishing and rebuild the 

monkfish resource while NMFS 

conducts a stock assessment for the 

fishery and makes a final determination 

on Framework Adjustment 4 

(Framework 4) to the Monkfish Fishery 

Management Plan (FMP). 

DATES: Effective May 1, 2007, through 

October 27, 2007, or until superceded 

by another final rule, whichever occurs 

first. Additional comments on this 

interim action must be received by May 

29, 2007. 

ADDRESSES: Written comments on the 

interim rule may be submitted by any of 

the following methods: 

• E-mail: E-mail comments on this 

interim rule may be submitted to 

monkfish-interim07@noaa.gov. Include 

in the subject line the following 

‘‘Comments on 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 Interim 

Rule for the Monkfish FMP.’’

• Facsimile (fax): Comments 

submitted by fax should be faxed to 

(978) 281–9135. 

Copies of this interim final rule, its 

Regulatory Impact Review (RIR), Initial 

Regulatory Flexibility Analysis (IRFA), 

and the Environmental Assessment (EA) 

are available from Patricia A. Kurkul, 

Regional Administrator, NMFS, One 

Blackburn Drive, Gloucester, MA 01930. 

The Final Regulatory Flexibility 

Analysis (FRFA) consists of the IRFA, 

public comments and responses, and 

the summary of impacts and alternatives 

contained in the Classification section 

of the preamble of this interim final 

rule. Copies of the small entity 

compliance guide are available from the 

Regional Administrator at the above 

address. All of these documents are also 

accessible via the Internet at http:// 

www.nero.noaa.gov. 

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 

This temporary final rule implements 

interim measures, as authorized by 

section 305 of the Magnuson-Stevens 

Act, intended to help end overfishing in 

the monkfish fishery and rebuild 

monkfish stocks in accordance with the 

rebuilding goals established in the FMP. 

A proposed rule requesting public 

comment on this interim action 

published in the Federal Register on 

March 20, 2007 (72 FR 13069). Public 

comments were accepted through April 

4, 2007. A full discussion of the 

background of this interim action was 

presented in the preamble to the 

proposed rule and is not repeated here. 

The New England and Mid-Atlantic 

Fishery Management Councils 

(Councils) initiated Framework 4 during 

the spring of 2006, based upon concerns 

over the Framework 2 control rule (68 

FR 22325; April 28, 2003), and the 

status of the monkfish resource with 

respect to the rebuilding schedule 

established in the FMP. The objectives 

of Framework 4 are: (1) Adopt a set of 

management measures that have a 

reasonable expectation of achieving 

stock rebuilding goals by the end of FY 

2009; (2) include measures that, to the 

extent possible, mitigate the 

socioeconomic effects of the measures 

intended to rebuild the stock without 

compromising their effectiveness; and 

(3) develop a program that provides 

contingencies for anticipating changes 

in the basis for evaluating stock status 

with respect to reference points, 

specifically the transition to a new trawl 

survey vessel and continuation of the 

triennial cooperative survey. The 

Councils approved Framework 4 during 

the fall of 2006, and submitted the 

Framework 4 document to NMFS on 

January 11, 2007, for review and 

approval. A proposed rule soliciting 

public comment on the management 

measures contained in Framework 4 

published on March 20, 2007, in 

conjunction with the proposed interim 

rule, with public comments on 

Framework 4 accepted through April 19, 

2007. 

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 has 

initiated a Stock Assessment Review 

Committee (SARC) and will 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 

monkfish fishing year, NMFS will delay 

making a final decision on Framework 

4 until after the results of the stock 

assessment are available. As such, it is 

necessary to implement interim 

management measures for the start of 

the fishing year on May 1, 2007, in 

accordance with section 305 of the 

Magnuson-Stevens Act, based upon the 

information and management measures 

contained in Framework 4. The purpose 

of the interim rule is to implement 

management measures to help end 

overfishing and rebuild the monkfish 

resource while NMFS conducts a 

thorough review of the status of the 

monkfish resource, using the best and 

most recent information available. 

NMFS will use this updated information 

to make a final determination on 

Framework 4 following the completion 

of this stock assessment. 

Interim Management Measures for the 

Monkfish Fishery for FY 2007 

1. Target TACs for the NFMA and SFMA 

This action establishes target TACs of 

5,000 mt and 3,667 mt for the NFMA 

and SFMA, respectively, for FY 2007. 

The associated management measures 

contained in this interim rule (i.e., trip 

limits and DAS restrictions) are 

designed to achieve these annual target 

TACs. However, the target TACs and 

associated management measures 

contained in this interim rule can only 

be in effect for 180 days, but may be 

extended for up to an additional 180 

days, as provided at § 600.310(e)(5). 

2. DAS Requirement for the NFMA 

This action establishes measures that 

will 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. All limited access monkfish 

vessels must declare their intent to fish 

under a monkfish DAS prior to leaving 

port. This action does not implement 

the provision proposed in Framework 4 

to allow limited access monkfish vessels 

fishing in the NFMA under a Northeast 

multispecies Category A DAS to change 

their DAS declaration to a monkfish 

DAS while at sea. This proposed 

Framework 4 provision is not 

implemented in this interim rule due to 

concerns that it may allow these limited 

access monkfish vessels to target 

monkfish more efficiently in this 

management area, increasing the 

likelihood that the target TAC would be 

exceeded. 


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3. Trip Limits and DAS Allocations for 

the NFMA 

This action establishes an annual 

monkfish DAS allocation of 31 DAS for 

limited access monkfish vessels fishing 

in the NFMA. This action also 

establishes 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 

This action restricts limited access 

monkfish vessels fishing in the SFMA to 

12 monkfish DAS annually. Due to the 

difference between the proposed DAS 

allocations for the NFMA and the 

SFMA, this action established an annual 

allocation of 31 monkfish DAS for all 

limited access monkfish vessels, but 

restricts vessels to using no more than 

12 of their allocated 31 monkfish DAS 

in the SFMA. This action also 

establishes 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. The trip limits and 

DAS restrictions being implemented in 

this interim rule are the same as those 

in effect during FY 2006. 

5. Carryover DAS 

This action prohibits any unused 

monkfish DAS from FY 2006 from being 

used as carryover DAS during the 

portion of FY 2007 that this interim rule 

is in effect. The Regional Administrator 

may restore all or a portion of the 

carryover DAS available for FY 2007 

through a subsequent action, if 

warranted, based upon the results of the 

July 2007 stock assessment. 

6. Monkfish Incidental Catch Limit for 

the NFMA 

This action reduces 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, whichever is less. The revised 

incidental catch limit is equivalent to 

that implemented in the original FMP 

(64 FR 54732; October 7, 1999). 

7. Revision to Boundary Line for 

Category H Permit Holders 

This action revises 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 limited access monkfish program 

established in Amendment 2 to the 

FMP. 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. In 

Framework 4, the Councils 

recommended 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 participate in 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. For the same 

reasons the Councils recommended the 

measure for inclusion in Framework 4, 

this action temporarily implements the 

measure to shift the northern boundary 

line applicable to limited access 

monkfish Category H vessels to 38°40′ 

N. lat. 

8. 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 

proposed a measure in Framework 4 

that would increase the monkfish 

possession limit applicable to limited 

access scallop vessels fishing in the 

Scallop Area Access Program to 300 lb 

(136 kg) tail weight per day fished 

within the access area, not to include 

steaming time. 

Available observer information from 

the scallop access areas indicates that 

these vessels typically do not catch a 

large amount of monkfish, but do tend 

to catch more, on average, than the 

current limit of 50 lb (23 kg) tail weight 

per day up to 150 lb (68 kg) tail weight 

per trip. Therefore, NMFS believes that 

temporarily implementing this 

Framework 4 measure in this interim 

rule will not increase monkfish fishing 

mortality resulting from limited access 

scallop vessels fishing in the Scallop 

Area Access Program, but will enable 

those monkfish being caught incidental 

to these scallop fishing activities to be 

landed. 

Comments and Responses 

Thirty-three comments were received 

during the comment period for the 

proposed rule for this action, including 

two from groups representing the 

fishing industry, one from each Council, 

and one from the State of Maine 

Division of Marine Fisheries (State of 

Maine). The remainder of the comments 

were submitted by members of the 

general public, including fishermen. In 

addition, several commenters expressed 

concerns that were not relevant to the 

proposed action. Since these concerns 

were not directed at the proposed 

measures or other aspects of this interim 

action, NMFS is not responding to these 

particular concerns in this preamble. 

Comment 1: One commenter 

expressed concerns over the status of 

the stock and stated that the annual 

monkfish quotas should be cut by 50 

percent in FY 2007, and by 10 percent 

every year thereafter. 

Response: The target TAC for the 

NFMA that is being implemented in this 

temporary interim rule is 35 percent less 

than the target TAC in effect for FY 

2006. This target TAC is considered to 

be conservative, cutting landings nearly 

in half compared to FY 2005 levels, and 

was developed by the Monkfish Plan 

Development Team (PDT) based upon 

the best scientific information available. 

Comment 2: Twelve commenters 

expressed support for maintaining FY 

2006 management measures for the 

SFMA, versus shutting down the 

directed fishery, until further 

information is available from the 

upcoming monkfish stock assessment. 

Response: NMFS agrees that the best 

option for this interim action is to 

maintain the current management 

measures in the SFMA until further 

information is available concerning the 


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status of the monkfish resource. As 

noted in the preamble of this final rule, 

NMFS intends to conduct a monkfish 

stock assessment in July 2007. Once the 

results of this stock assessment are 

available, NMFS intends to make a final 

decision on Framework 4. 

Comment 3: Five commenters stated 

that they opposed a closure of the 

directed monkfish fishery in the SFMA 

during FY 2007, but did not express 

their support or lack of support for the 

proposed interim measures. 

Response: NMFS agrees that based on 

information currently available 

concerning the status the monkfish 

resource and the potential economic 

impacts associated with a closure of the 

directed monkfish fishery in the SFMA, 

a complete closure of the directed 

fishery is not necessary under this 

interim rule. Given the uncertainties 

surrounding the status of the monkfish 

resource in both management areas, 

NMFS believes that the most reasonable 

approach is to reduce fishing effort in 

the NFMA to the level recommended by 

the Councils in Framework 4, and 

maintain FY 2006 effort levels 

(excluding carryover) under this interim 

rule until a thorough evaluation of the 

monkfish resource can be conducted 

through a formal stock assessment. 

Comment 4: Fifteen commenters 

expressed their lack of support for the 

proposed interim measures. However, 

one of these commenters expressed 

support for implementing the proposed 

Framework 4 target TAC, trip limits, 

and DAS restrictions for the NFMA 

through an interim rule, while 

specifically opposing a closure of the 

directed fishery in the SFMA. 

Response: NMFS believes that it 

would not be appropriate to move 

forward with making a decision on 

Framework 4 prior to conducting an 

updated stock assessment. Monkfish is 

in year 7 of a 10–year rebuilding plan, 

but the 3–year running average biomass 

indices for both management areas are 

less than 50–percent of their respective 

biomass targets. As a result, NMFS 

believes that any increase in the target 

TAC for either management area above 

the status quo cannot be justified, which 

is what would occur in the SFMA if the 

Framework 4 target TAC were to be 

implemented. As noted in the response 

to Comment 3, NMFS believes that the 

measures being implemented in this 

interim rule are advisable from a 

biological perspective, while 

recognizing the economic impacts to the 

directed monkfish fishery that would 

result from a closure of the directed 

fishery in the SFMA. 

Comment 5: Eleven commenters 

expressed concern over the economic 

impacts associated with a closure of the 

directed fishery, with one commenter 

noting the importance of maintaining a 

monkfish fishery, even at a minimal 

level, to help maintain the markets that 

have been established for this fishery. 

Response: As noted in the responses 

to Comments 3 and 4, this interim rule 

intends to balance economic impact and 

the need for precautionary measures 

while a new stock assessment is 

concluded. Thus, this interim rule does 

not close the directed fishery. 

Comment 6: Three commenters noted 

the potential biological impacts to nontarget species associated with a directed 

fishery closure resulting from a 

redirection of effort to other fisheries. 

Response: NMFS recognizes the 

potential impact to non-target species 

resulting from a redirection of fishing 

effort, and discusses this impact in 

section 5.1.1.6 of the EA/RIR/IRFA 

prepared for this action. However, the 

level of such a redirection of fishing 

effort, and commensurate impact on 

non-target species, cannot be reliably 

calculated, since it is difficult to predict 

future changes to fishing behavior in 

response to changes in regulations. 

Comment 7: Four commenters 

mentioned the potential biological 

impacts resulting from the discarding of 

monkfish over the incidental limit by 

vessels targeting scallops and NE 

multispecies, and also by vessels that 

continue to target monkfish under the 

incidental limit. 

Response: NMFS recognizes that a 

moratorium on directed fishing in the 

SFMA would likely result in an increase 

in the amount of monkfish caught 

incidental to other fishing activities, 

resulting from a redirection of fishing 

effort. NMFS also recognizes that a 

closure of the directed fishery in the 

SFMA could increase the targeting of 

monkfish under the incidental limit, 

potentially resulting in increased 

discards. The magnitude of this increase 

in incidental monkfish catch cannot be 

calculated, since it is difficult to predict 

fishermen’s response to changing 

regulations, but it is expected that the 

negative biological impact of the 

increased incidental catch will be offset 

by the overall benefit to the stocks of 

dramatically reducing fishing effort. 

This discussion is also provided in 

section 5.1.1.6 of the EA/RIR/IRFA 

prepared for this action. 

Comment 8: Fifteen commenters 

expressed their discontent with the 

process by which NMFS is delaying 

final action on Framework 4 and 

implementing interim measures for the 

start of the fishing year, with three 

questioning the authority of NMFS to 

implement measures under MagnusonStevens Act interim rule authority, 

citing that the action proposed by the 

Councils is based on the best scientific 

information available. 

Response: NMFS asserts that, given 

the status of the monkfish resource, and 

only 3 years remaining in the rebuilding 

schedule, a delay in making a final 

determination on Framework 4 is an 

appropriate and responsible course of 

action. This interim rule reflects a 

precautionary approach to managing the 

monkfish fishery in anticipation of an 

updated stock assessment in July 2007. 

The Secretary of Commerce (Secretary) 

has been given the authority under 

section 305(c) of the Magnuson-Stevens 

Act to implement measures to address 

overfishing. Because the purpose of this 

rule is to implement measures to help 

end overfishing and rebuild the 

monkfish resource until more 

information is available concerning the 

status of the monkfish resource, this 

rulemaking is in accordance with the 

interim rule authority provided to the 

Secretary under the Magnuson-Stevens 

Act, and consistent with guidelines for 

implementing emergency and interim 

measures. 

Comment 9: Ten commenters 

mentioned the economic impacts 

associated with the sudden change in 

management measures for the start of 

FY 2007 from what was proposed by the 

Councils in Framework 4. One 

commenter specifically noted that the 

proposed rule announcing the proposed 

interim management measures occurred 

40 days prior to the start of the fishing 

year, impacting the ability of vessels, 

shore side processors, and dock 

facilities, to make appropriate business 

decisions for the upcoming fishing year, 

resulting in severe economic impacts 

that were not factored into the economic 

impact analyses. 

Response: NMFS considered and 

analyzed the economic and social 

impacts associated with the timing of 

this rule in sections 5.3 and 5.4 of the 

EA/RIR/IRFA prepared for this action. 

In summary, the short-term economic 

and social impacts associated with 

implementing this interim rule were 

determined to be less substantial than 

the potential long-term economic and 

social impacts of allowing overharvesting of the monkfish resource. 

Comment 10: One commenter 

expressed support for reducing the DAS 

carryover, noting that the Councils 

disapproved including this measure in 

Framework 4 due to the inability of 

NMFS to provide timely DAS allocation 

and usage information. 

Response: NMFS shares the 

commenter’s concern over carryover 

DAS usage in the monkfish fishery, 


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20956 Federal Register / Vol. 72, No. 81 / Friday April 27, 2007 / Rules and Regulations 

which is why the use of carryover DAS 

will be temporarily prohibited under 

this interim rule. NMFS also recognizes 

the industry’s concern over timely and 

accurate DAS information, and is taking 

steps to improve the existing DAS 

monitoring system. 

Comment 11: Six commenters stated 

that a closure of the directed monkfish 

fishery with such little notice would 

potentially force them to retrieve their 

nets in bad weather, or discard 

monkfish caught in these nets if they 

were forced to retrieve their nets after 

such a closure went into effect. 

Response: NMFS understands the 

social and economic impacts that would 

result from the closure of the directed 

fishery in the SFMA, including the 

timing of the announcement of such a 

closure, and is not implementing a 

closure of the directed fishery in the 

SFMA in this interim rule. 

Comment 12: Six commenters stated 

that either a closure of the directed 

fishery or the proposed interim 

measures would force them to fish all or 

part of their season in the NFMA. 

Response: NMFS understands that the 

proposed interim measures for the 

SFMA or a closure of the directed 

fishery in the SFMA could shift some 

fishing effort to the NFMA. However, 

the magnitude of such a shift in fishing 

effort is dependent on the ability of 

individual vessels to move their fishing 

operations to areas where they have not 

fished historically, and is difficult to 

predict. Based upon the 2 years where 

fishing effort was constrained in the 

SFMA (FY 2004 and FY 2006), it does 

not appear that such a shift in effort 

would be substantial, especially given 

the constraints on fishing under a 

multispecies DAS in the NFMA, such as 

double-counting of multispecies DAS in 

the Gulf of Maine Differential Area, and 

the limited ability of vessels to target 

monkfish outside of a concurrent 

multispecies DAS in the NFMA. 

Comment 13: One comment was 

received regarding the length of the 

comment period on the interim rule. 

The commenter expressed concern over 

the 15–day comment period, suggesting 

that it would limit the ability of 

industry participants to provide 

feedback to the agency. 

Response: NMFS understands the 

commenter’s concern regarding the 

length of the public comment period for 

this interim rule. However, the agency 

has a statutory obligation to ensure that 

management measures adequate to 

protect the monkfish resource and 

prevent overfishing are in place until 

the agency has sufficient information to 

make a determination about Framework 

4. Any degree of overfishing will delay 

stock rebuilding and further threaten 

our ability to rebuild the stock within 

the Magnuson-Stevens Act mandated 

10–year rebuilding time frame. Because 

the fishing year begins on May 1, 2007, 

and, without this interim rule, there 

would effectively be no controls on 

monkfish fishing in the NFMA, an 

abbreviated comment period was 

necessary to ensure the rule could be 

implemented on May 1, 2007. In part, 

this is why the agency is continuing to 

accept comments on the interim rule for 

an additional 30 days beyond its 

publication. NMFS will consider these 

additional comments when it 

determines an appropriate course of 

action to take if it becomes necessary to 

extend this interim rule beyond the 

initial 180 days. 

Comment 14: One commenter stated 

that the proposal to delay making a final 

decision on Framework 4 violated 16 

U.S.C. § 1854(b), which is the 

Magnuson-Stevens Act requirement that 

the Secretary of Commerce issue final 

regulations within 30 days of the close 

of the comment period. 

Response: The Magnuson-Stevens Act 

requirement to issue final regulations 

within 30 days of the close of the public 

comment period applies only to FMPs 

and FMP amendments. The regulations 

that establish the requirements and 

process for the development and 

implementation of framework 

adjustments to the Monkfish FMP are 

found at § 648.96(c)(3)(ii)(B). These 

regulations stipulate that the measures 

shall be published as a final rule in the 

Federal Register only if the Regional 

Administrator concurs with the 

Councils’ recommendation. There is no 

specific time requirement under the 

framework adjustment procedures in the 

Monkfish FMP by which NMFS must 

publish a final rule. 

Classification 

The Regional Administrator has 

determined that the management 

measures implemented by this interim 

final rule are necessary for the 

conservation and management of the 

monkfish fishery, and are consistent 

with the Magnuson-Stevens Act and 

other applicable laws. 

Pursuant to 5 U.S.C. 553(d)(3), the 

Assistant Administrator (AA) finds good 

cause to waive the 30–day delayed 

effectiveness for the measures 

implemented by this interim final rule. 

The need to implement these measures 

in a timely manner to help end 

overfishing in the monkfish fishery and 

rebuild the monkfish resource 

constitutes good cause under authority 

contained in 5 U.S.C. 553(d)(3), to 

establish an effective date less than 30 

days after date of publication. This 

action establishes temporary measures 

(target TACs, trip limits, DAS) for the 

monkfish fishery for FY 2007 (May 1, 

2007, to April 30, 2008) that are either 

more restrictive than or equivalent to 

the measures currently in effect for FY 

2006. Failure to implement these 

measures in a timely manner would 

result in overfishing of the monkfish 

resource because it would delay 

implementation of the trip limits and 

DAS restrictions for vessels fishing in 

the NFMA that are necessary to prevent 

overfishing for up to 30 days beyond the 

start of the fishing year. Currently, 

vessels fishing in this management area 

are not subject to trip limits or monkfish 

DAS restrictions, and so during this 

delay in effectiveness, these vessels 

could continue to fish unabated. 

Therefore, any delay in implementation 

beyond the start of the fishing year 

would provide limited access monkfish 

vessels fishing in the NFMA with the 

ability to fish for monkfish under much 

less restrictive measures than those 

being implemented in this temporary 

interim rule, resulting in an increase in 

fishing effort and overfishing of the 

monkfish resource. Any over-harvest of 

the target TAC for the NFMA would 

result in negative impacts to the 

monkfish resource as a whole since 

stocks in both management areas are 

well behind the rebuilding schedules 

established in the FMP. Any degree of 

overfishing will delay stock rebuilding 

and further threaten our ability to 

rebuild the stock within the MagnusonStevens Act mandated 10–year 

rebuilding time frame. 

This action could not be implemented 

earlier due to timing of the final 

approval of Framework 4 by the 

Councils (November 2006 for the 

NEFMC and December 2006 for the 

MAFMC), which resulted in submission 

of this action by the NEFMC on January 

11, 2007. Due to concerns over the 

status of the monkfish resource with 

respect to the rebuilding goals 

established in the FMP, NMFS modified 

its approach to the action and published 

a joint proposed rule on March 20, 2007, 

seeking public comment on Framework 

4, and proposed interim measures for 

the start of FY 2007. In order to 

implement this final rule before the start 

of FY 2007 and prevent the overfishing 

of the monkfish resource that would 

occur during a delay in implementation, 

the AA finds that there is good cause to 

waive the 30–day delay in effectiveness. 

This interim final rule has been 

determined not to be significant for the 

purposes of Executive Order (E.O.) 

12866. 


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Final Regulatory Flexibility Analysis 

NMFS, pursuant to section 604 of the 

Regulatory Flexibility Act (RFA), 

prepared this FRFA in support of the 

measures being implemented through 

this interim action. The FRFA describes 

the economic impact that this interim 

final rule will have on small entities. 

This FRFA incorporates the IRFA, any 

comments received on the proposed 

rule, NMFS’s responses to those 

comments, and the analyses completed 

to support the action. There are no 

Federal rules that may duplicate, 

overlap, or conflict with this interim 

final rule. A copy of the IRFA, RIR, and 

EA prepared for this action are available 

from NMFS, Northeast Regional Office, 

and are available on the Northeast 

Regional Office website (see 

ADDRESSES). 

Statement of Objective and Need 

A description of why this action was 

considered, the objectives of, and the 

legal basis for this final rule are 

contained in the preamble to this 

interim final rule, the preamble of the 

proposed rule for this action, and in the 

EA prepared for this action and are not 

repeated here. In summary, this rule 

implements measures to reduce fishing 

effort in the NFMA in accordance with 

the measures proposed by the Councils 

in Framework 4, and maintains existing 

effort levels in the SFMA until a final 

determination can be made on 

Framework 4 once the results of an 

upcoming stock assessment are 

available. 

Summary of Significant Issues Raised in 

Public Comments 

Thirty-three public comments were 

received on the proposed rule, and 

although several comments made 

general statements regarding the 

economic impacts associated with this 

rule, none of the comments were 

specific to the economic analyses 

summarized in the IRFA. These 

comments and the agency’s response to 

those comments are provided in the 

preamble of this final rule. 

Description and Estimate of Number of 

Small Entities to Which this Rule Will 

Apply 

All of the entities (fishing vessels) 

affected by this action are considered 

small entities under the Small Business 

Administration’s size standards for 

small fishing businesses ($4.0 million in 

gross sales). Therefore, there are no 

disproportionate impacts between small 

and large entities associated with this 

temporary interim rule. 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 will 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 measures being implemented in 

this interim rule will affect at least the 

627 limited access vessels that fished for 

monkfish during FY 2005 and the 226 

incidental permit holders landing 

monkfish from the NFMA. 

Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements 

This action does not introduce any 

new reporting, recordkeeping, or other 

compliance requirements. 

Description of the Steps Taken to 

Minimize Economic Impacts on Small 

Entities 

This action largely builds upon 

Framework 4 measures for which 

numerous alternatives were considered. 

Due to the focused and short-term 

objectives of this action, NMFS only 

fully considered two target TAC 

alternatives (the proposed interim 

action and the No Action alternative) 

and three trip limit/DAS alternatives 

(the proposed action, a modification of 

the proposed action closing the directed 

monkfish fishery in the SFMA, and the 

No Action alternative). Also included in 

this action are two alternatives to 

require the use of monkfish DAS in the 

NFMA; the proposed action to require 

the use of a monkfish DAS if a limited 

access monkfish vessel exceeds the 

incidental catch limit, and No Action 

(i.e., no monkfish DAS requirement). 

Finally, NMFS considered the same 

alternatives considered by the Councils 

in Framework 4 for the remaining three 

measures being temporarily 

implemented in this rule: 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 

Area Access Program. 

The proposed target TAC, trip limits, 

and DAS requirements for the NFMA 

are expected to result in a reduction in 

monkfish revenues ranging from 18.6 

percent for vessels fishing only in the 

NFMA, to 12.6 percent for vessels 

fishing in both management areas. The 

No Action target TAC alternative for the 

NFMA, which results in a lower target 

TAC than the proposed action, could 

result in a greater economic impact on 

small entities under the proposed action 

to implement DAS restriction and trip 

limits in the NFMA. However, the 

combination of the No Action target 

TAC alternative for the NFMA with the 

No Action DAS and trip limit 

alternatives would not result in any 

economic impacts to vessels fishing in 

the NFMA, since vessels fishing in this 

area would not be subject to trip limits 

or DAS restrictions. Although the 

combination of these No Action 

alternatives would result in a reduced 

target TAC for the NFMA, it would 

provide no means by which to ensure 

that this target TAC is not exceeded, 

making this combination of alternatives 

inconsistent with the objectives of the 

FMP. 

The proposed target TAC, trip limits, 

and DAS restrictions for the SFMA are 

less restrictive under the No Action 

alternative than the proposed action. 

However, because the No Action 

alternative would result in increased 

fishing mortality over the proposed 

action, it does not meet the objectives of 

this action, and was, therefore, rejected. 

The other alternative, to close the 

directed fishery in the SFMA, was also 

rejected since it would result in 

economic impacts that are more severe 

than deemed necessary to meet the 

objectives if this action. 

As noted above, the other measures 

considered and analyzed in this interim 

rule were measures that were also 

considered and analyzed by the 

Councils in Framework 4. The 

alternative to reduce the monkfish 

incidental catch limit in the NFMA 

would impact less than 25 percent of all 

trips by monkfish vessels fishing in the 

NFMA, based upon landings and effort 

data from FY 2005, but would have a 

greater impact on limited access 

Category A and C vessels, since these 

vessels had a higher percentage of trips 

in excess of the proposed trip limit 

during FY 2005. However, these vessels 

will have monkfish DAS to utilize in the 

NFMA under which they could land 

monkfish in excess of the proposed 

incidental catch limit, mitigating the 

economic impact of this measure. The 

measures extending the northern 


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boundary applicable to limited access 

monkfish Category H vessels, and 

increasing the trip limit applicable to 

limited access scallop vessels fishing in 

the Scallop Access Area Program, are 

both less restrictive than their respective 

No Action alternatives, thereby having 

less of an economic impact. 

Finally, the proposed action to 

eliminate the use of carryover DAS 

during the period of this interim rule 

would have a negative economic impact 

in comparison to the No Action 

alternative. However, the use of 

carryover DAS during the interim 

period could cause the target TACs for 

one or both management areas to be 

exceeded, which does not coincide with 

the objectives of the interim rule to help 

end overfishing and rebuild the 

monkfish resource in accordance with 

FMP objectives. As a result, the No 

Action DAS carryover alternative was 

rejected. 

Small Entity Compliance Guide 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that, for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as ‘‘small entity 

compliance guides.’’ The agency shall 

explain the actions a small entity is 

required to take to comply with a rule 

or group of rules. As part of this 

rulemaking process, a small entity 

compliance guide was prepared. The 

guide will be sent to all vessels issued 

a limited access or open access 

monkfish permit, and to all Federal 

dealers issued a monkfish permit. In 

addition, copies of this final rule and 

guide (i.e., permit holder letter) are 

available from the Regional 

Administrator and are also available on 

the Northeast Regional Office website 

(see ADDRESSES). 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: April 23, 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 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, paragraphs (a)(9)(i)(A)(6) 

and (7) are suspended and paragraphs 

(a)(9)(i)(A)(8) and (9) are added to read 

as follows: 

§ 648.4 Vessel permits. 

* * * * * 

(a) * * * 

(9) * * * 

(i) * * * 

(A) * * * 

(8) 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 limited access 

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

The vessel landed at least 50,000 lb 

(22,680 kg) tail weight or 166,000 lb 

(75,296 kg) whole weight of monkfish in 

the area south of 38° 00′ N. lat. during 

the period March 15 through June 15 in 

the years 1995 to 1998. 

(9) 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 limited access 

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

The vessel landed at least 7,500 lb 

(3,402 kg) tail weight or 24,900 lb 

(11,294 kg) whole weight of monkfish in 

the area south of 38° 00′ N. lat. during 

the period March 15 through June 15 in 

the years 1995 to 1998. 

* * * * * 

■ 3. In § 648.14, paragraph (y)(7) is 

suspended and paragraph (y)(22) is 

added to read as follows: 

§ 648.14 Prohibitions. 

* * * * * 

(y) * * * 

(22) Fail to comply with the area 

restrictions applicable to limited access 

G and H vessels specified under 

§ 648.92(b)(11). 

* * * * * 

■ 4. In § 648.92, paragraphs (a)(1), (b)(1), 

and (b)(9) are suspended and paragraphs 

(b)(10) and (b)(11) are added to read as 

follows: 

§ 648.92 Effort-control program for limited 

access monkfish vessels. 

* * * * * 

(b) * * * 

(10) Limited access monkfish permit 

holders.—(i) General provision. Limited 

access monkfish permit holders shall be 

allocated 31 monkfish DAS for FY 2007 

to be used in accordance with the 

restrictions of this paragraph (b), unless 

otherwise restricted by paragraph 

(b)(10)(ii) of this section, or unless the 

vessel is enrolled in the Offshore 

Fishery Program in the SFMA, as 

specified in paragraph (b)(10)(iii) of this 

section. The annual allocation of 

monkfish DAS shall be reduced by the 

amount calculated in paragraph 

(b)(1)(iv) 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 12 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) 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). 

(iv) Research DAS set-aside. A total of 

500 DAS shall be set aside and made 

available for cooperative research 

programs as described in paragraph of 

this section. These DAS shall be 

deducted from the total number of DAS 

allocated to all limited access monkfish 

permit holders, as specified under 

paragraph (b)(10)(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. 

(11) Category G and H limited access 

permit holders. (i) Vessels issued 

limited access monkfish Category G or 

H permits may fish under a monkfish 

DAS only in the area south of 38°40′ N. 

lat. 

(ii) Vessels issued a valid limited 

access monkfish Category G or H permit 

that also possess a limited access NE 

multispecies or limited access scallop 

permit are subject to the same 

provisions as Category C or D vessels, 


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respectively, unless otherwise stated 

under this subpart F. 

* * * * * 

■ 5. In § 648.94, paragraphs (b)(1)–(5), 

(c)(1), and (c)(8) are suspended and 

paragraphs (b)(7)–(11), (c)(9), and (c)(10) 

are added to read as follows: 

§ 648.94 Monkfish possession and landing 

restrictions. 

* * * * * 

(b) * * * 

(7) 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). 

(8) 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). 

(iii) Category F vessels. Vessels issued 

a Category F permit are subject to the 

possession and landing restrictions 

specified at § 648.95(g)(1). 

(9) 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 

multispecies DAS, and not a monkfish 

DAS, exclusively in the NFMA are 

subject to the incidental catch limit 

specified in paragraph (c)(9)(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)(9)(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)(9)(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)(9)(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)(9)(ii) of this 

section. 

(iii) Transiting. A vessel that 

harvested monkfish in the NFMA may 

transit the SFMA and possess monkfish 

in excess of the SFMA landing limit, 

provided such vessel complies with the 

provisions of § 648.94(e). 

(10) Category C, D, F, G, or H vessels 

fishing under the scallop DAS program. 

A Category C, D, F, G, or H vessel 

fishing under a scallop DAS may land 

up to 300 lb (136 kg) tail weight or 996 

lb (452 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). 

(11) Category C, D, F, G, or H scallop 

vessels declared into the monkfish DAS 

program without a dredge on board, or 

not under the net exemption provision. 

Category C, D, G, or H vessels that have 

declared into the monkfish DAS 

program and that do not fish with or 

have a dredge on board, or that are not 

fishing with a net under the net 

exemption provision specified in 

§ 648.51(f), are subject to the same 

landing limits as specified in paragraphs 

(b)(7) and (b)(8) of this section, or the 

landing limit specified in § 648.95(g)(1), 

if issued a Category F permit. Such 

vessels are also subject to provisions 

applicable to Category A and B vessels 

fishing only under a monkfish DAS, 

consistent with the provisions of this 

part. 

* * * * * 

(c) * * * 

(9) Vessels fishing under a NE 

multispecies DAS—(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. 

(ii) SFMA. If any portion of the trip is 

fished by a vessel issued a monkfish 

incidental catch (Category E) permit, or 

issued a valid limited access Category G 

or H permit, under a NE multispecies 

DAS in the SFMA, the vessel may land 

up to 50 lb (23 kg) tail weight or 166 lb 

(75 kg) whole weight of monkfish per 

DAS (or any prorated combination of 

tail weight and whole weight based on 

the conversion factor). 

(10) 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)(10)(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 


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area, for purposes of determining the 

incidental catch limit, will be 

determined through the vessel’s VMS 

unit. 

* * * * * 

■ 6. In § 648.95, paragraphs (a)(2), (g)(2), 

and (g)(3) are suspended and paragraphs 

(a)(4), (g)(4), and (g)(5) are added to read 

as follows: 

§ 648.95 Offshore Fishery Program in the 

SFMA. 

(a) * * * 

(4) When not fishing on a monkfish 

DAS, a Category F vessel may fish under 

the regulations applicable to the 

monkfish incidental catch (Category E) 

permit, specified under § 648.94 . When 

fishing on a NE multispecies DAS in the 

NFMA, a Category F vessel that also 

possesses a NE multispecies limited 

access permit is subject to the 

possession limits applicable to vessels 

issued an incidental catch permit as 

described in § 648.94(c)(9)(i). 

* * * * * 

(g) * * * 

(4) The monkfish DAS allocation for 

vessels issued a Category F permit shall 

be equal to the trip limit applicable to 

the vessel’s limited access monkfish 

permit category divided by the fixed 

daily possession limit specified in 

paragraph (g)(1) of this section, and then 

multiplied by the DAS allocation for 

limited access monkfish vessels fishing 

in the SFMA and not issued Category F 

permits, specified under 

§ 648.92(b)(10)(ii). For example, if a 

vessel has a limited access monkfish 

Category C permit, and the applicable 

trip limit is 550 lb (363 kg) for this 

category, and the vessel has an annual 

allocation of 12 monkfish DAS for the 

SFMA, then the monkfish DAS 

allocated to that vessel when issued a 

Category F permit would be 4.13 

monkfish DAS (550 lb divided by 1,600 

lb, multiplied by 12 monkfish DAS, 

equals 4.13 DAS). 

(5) Vessels issued a Category F permit 

that are fishing under a NE multispecies 

DAS in the NFMA are subject to the 

incidental catch limit specified in 

paragraph (c)(9)(i) of this section. 

* * * * * 

■ 7. In § 648.96, paragraphs (a), (b)(1)–

(4) are suspended and paragraphs 

(b)(5)–(7) are added to read as follows: 

§ 648.96 Monkfish annual adjustment 

process and framework specifications. 

(b) * * * 

(5) Annual review process. The 

Monkfish Monitoring Committee 

(MFMC) shall meet on or before 

November 15 of each year to develop 

options for the upcoming fishing year, 

as needed, and options for NEFMC and 

MAFMC consideration on any changes, 

adjustment, or additions to DAS 

allocations, trip limits, size limits, or 

other measures necessary to achieve the 

Monkfish FMP’s goals and objectives. 

The MFMC shall review available data 

pertaining to discards and landings, 

DAS, and other measures of fishing 

effort; stock status and fishing mortality 

rates; enforcement of and compliance 

with management measures; and any 

other relevant information. 

(6) Annual Target TACs for FY 2007—

(i) NFMA. The annual target TAC for the 

NFMA is 5,000 mt for FY 2007, unless 

otherwise recommended by the MFMC 

through its annual review procedure 

specified in paragraph (b)(5) of this 

section, and adopted through the 

procedures outlined in paragraph (b)(7) 

of this section. 

(ii) SFMA. The annual target TAC for 

the SFMA is 3,667 mt for FY 2007, 

unless otherwise recommended by the 

MFMC through its annual review 

procedure specified in paragraph (b)(5) 

of this section, and adopted through the 

procedures outlined in paragraph (b)(7) 

of this section. 

(7) Council TAC recommendations. 

The Councils shall consider any target 

TAC(s) and/or other management 

measures recommended by the MFMC 

as part of its annual review specified in 

paragraph (b)(5) of this section, and then 

forward their recommendation to the 

Regional Administrator. If the Councils 

recommend target TAC(s) and/or other 

management measures to the Regional 

Administrator, and the Regional 

Administrator concurs with this 

recommendation, the Regional 

Administrator shall promulgate the 

target TAC(s) and/or 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. 

* * * * * 

[FR Doc. E7–8117 Filed 4–26–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213032–7032–01; I.D. 

042307B] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Northern Rockfish, 

Pacific Ocean Perch, and Pelagic Shelf 

Rockfish in the Western Regulatory 

Area and West Yakutat District of the 

Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for northern rockfish, Pacific 

ocean perch, and pelagic shelf rockfish 

for catcher vessels subject to sideboard 

limits established under the Central 

GOA Rockfish Program in the Western 

Regulatory Area and West Yakutat 

District of the Gulf of Alaska (GOA). 

This action is necessary to prevent 

exceeding the sideboard limits of 

northern rockfish, Pacific ocean perch, 

and pelagic shelf rockfish established 

for catcher vessels in the Western 

Regulatory Area and West Yakutat 

District of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), July 1, 2007, through 2400 

hrs, A.l.t., July 31, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The 2007 sideboard limits established 

for catcher vessels subject to sideboard 

limits in the Central GOA Rockfish 

Program in the West Yakutat District are 

33 mt for Pacific ocean perch and 5 mt 

for pelagic shelf rockfish. The 2007 

sideboard limit established for catcher 

vessels subject to sideboard limits in the 

Central GOA Rockfish Program in the 

Western Regulatory Area are zero mt. 

The sideboard limits are established by 

the 2007 and 2008 harvest specifications 

for groundfish of the GOA (72 FR 9676, 

March 5, 2007). 


cprice-sewell on PROD1PC66 with RULES