102834 Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations 

5For vehicles manufactured before September 1, 2027, the required recording interval is ¥5.0 to 0 sec relative to time zero and the required 

data sample rate is 2 samples per second. For vehicles manufactured before September 1, 2029 by small-volume manufacturers and limited-line 

manufacturers, the required recording interval is ¥5.0 to 0 sec relative to time zero and the required data sample rate is 2 samples per second. 

For vehicles manufactured before September 1, 2030 by manufacturers producing altered vehicles or vehicles in two or more stages, the required recording interval is ¥5.0 to 0 sec relative to time zero and the required data sample rate is 2 samples per second. 

Issued in Washington, DC, under authority 

delegated in 49 CFR 1.95 and 501. 

Adam Raviv, 

Chief Counsel. 

[Final Rule, RIN 2127–AM12, 49 CFR 

part 563 Event Data Recorders] 

[FR Doc. 2024–29862 Filed 12–17–24; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 241212–0325] 

RIN 0648–BN01 

Fisheries of the Northeastern United 

States; Framework Adjustment 15 to 

the Monkfish Fishery Management 

Plan; Framework Adjustment 6 to the 

Spiny Dogfish Fishery Management 

Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS is implementing 

regulations for Framework Adjustment 

15 to the Monkfish Fishery Management 

Plan/Framework Adjustment 6 to the 

Spiny Dogfish Fishery Management 

Plan, which the New England and MidAtlantic Fishery Management Councils 

jointly recommended and NMFS 

approved. This action establishes areabased gear requirements for vessels 

fishing with gillnets in the monkfish 

fishery, starting on January 1, 2026, and 

for vessels fishing with gillnets in the 

spiny dogfish fishery starting on May 1, 

2025. This action is necessary to 

minimize bycatch of Atlantic sturgeon 

in the monkfish and spiny dogfish 

fisheries to the extent practicable and 

fulfill requirements of the Biological 

Opinion on Ten Fishery Management 

Plans in the Greater Atlantic Region and 

the New England Fishery Management 

Council’s Omnibus Habitat Amendment 

2. 

DATES: Effective May 1, 2025. 

ADDRESSES: Copies of the Framework 

15/Framework 6 document, including 

the Regulatory Flexibility Act Analysis 

and other supporting documents for the 

measures, are available from Dr. Cate 

O’Keefe, Executive Director, New 

England Fishery Management Council, 

50 Water Street, Mill 2, Newburyport, 

MA 01950 and Dr. Christopher M. 

Moore, Executive Director, Mid-Atlantic 

Fishery Management Council, 800 North 

State Street, Suite 201, Dover, DE 19901. 

The Framework 15/Framework 6 

document is also accessible via the 

internet at: https://www.nefmc.org/ 

management-plans/monkfish or https:// 

www.mafmc.org/dogfish. 

FOR FURTHER INFORMATION CONTACT: 

Spencer Talmage, Fishery Policy 

Analyst, (978) 281–9232. 

SUPPLEMENTARY INFORMATION: 

Background 

The New England Fishery 

Management Council (New England 

Council) and the Mid-Atlantic Fishery 

Management Council (Mid-Atlantic 

Council) (collectively, the Councils) 

jointly manage both the Monkfish and 

Spiny Dogfish Fishery Management 

Plans (FMP). The New England Council 

is the administrative lead for the 

Monkfish FMP, while the Mid-Atlantic 

Council is the lead for the Dogfish FMP. 

NMFS issued a Biological Opinion on 

May 27, 2021, that considered the 

effects of the authorization of two 

interstate fishery management plans 

(ISFMP) and eight Federal FMPs, 

including the Monkfish and Spiny 

Dogfish FMPs, on Endangered Species 

Act (ESA)-listed species and designated 

critical habitat through a formal Section 

7 consultation. The Biological Opinion 

determined that NMFS’s authorization 

of the eight FMPs and two ISFMPs may 

adversely affect, but is not likely to 

jeopardize, Atlantic sturgeon. The 

Biological Opinion included an 

Incidental Take Statement and 

Reasonable and Prudent Measures 

(RPM) with accompanying Terms and 

Conditions to minimize the impacts of 

incidental take of Atlantic sturgeon. The 

RPMs required that NMFS convene a 

working group to review all of the 

available information on Atlantic 

sturgeon bycatch in the federally 

permitted large-mesh gillnet fisheries 

and, by May 27, 2022, develop an 

Action Plan to reduce Atlantic sturgeon 

bycatch in these fisheries by 2024. 

NMFS initially issued the Action Plan 

on May 26, 2022, and revised it on 

September 26, 2022, to incorporate 

feedback from the Councils and public. 

The Councils subsequently developed 

this joint framework action—Framework 

15 to the Monkfish FMP and Framework 

6 to the Dogfish FMP—to address the 

recommendations of the Action Plan 

and fulfill the requirements of the 

Biological Opinion. 

Under the Magnuson-Stevens Fishery 

Conservation and Management Act, we 

approve, disapprove, or partially 

approve measures that the Councils 

propose, based on consistency with the 

Act and other applicable law. We 

review proposed regulations for 

consistency with the FMP, plan 

amendment, the Magnuson-Stevens Act 

and other applicable law, and publish 

the proposed regulations, solicit public 

comment, and promulgate the final 

regulations. We have approved all of the 

measures in this joint framework action 

recommended by the Councils, as 

described below. The measures 

implemented in this final rule: 

• Require vessels fishing on a 

monkfish day-at-sea (DAS) within the 

New Jersey Atlantic Sturgeon Bycatch 

Reduction Area to use low-profile 

gillnet gear, beginning on January 1, 

2026; 

• Prohibit dogfish vessels fishing in 

the New Jersey Atlantic Sturgeon 

Bycatch Reduction Area from leaving 

gillnet gear in the water overnight 

during the months of May and 

November, effective May 1, 2025; and 

• Prohibit dogfish vessels fishing in 

the Delaware and Maryland Atlantic 

Sturgeon Bycatch Reduction Area and 

Virginia Atlantic Sturgeon Bycatch 

Reduction Area from leaving gillnet gear 

in the water overnight from November 

through March, effective May 1, 2025. 

Approved Measures 

1. Low-Profile Gillnet Gear 

The regulations implemented by this 

final rule require vessels fishing on a 

Monkfish DAS within the New Jersey 

Atlantic Sturgeon Bycatch Reduction 

Area that are using large mesh (i.e., 

greater than or equal to 10 inches (25.4 

centimeters (cm)) to use low-profile 

gillnet gear, beginning on January 1, 

2026. Low-profile gillnet gear is defined 

in this final rule as having: 

• Mesh size ranging from 12 to 13 

inches (30.48 to 33.02 cm); 

• Net height ranging from 6 to 8 

meshes tall; 

• Net length of 300 feet (91.44 meters 

(m)); 

• Tie-down length of less than or 

equal to 30 inches (76.2 cm); 


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Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations 102835 

• Tie-down spacing of 12 feet (3.66 

m); 

• Primary hanging ratio of 0.50; 

• Twine size of 0.81 millimeters 

(mm); and 

• Tie downs at every float to keep the 

float line down. 

These characteristics are intended to 

reduce interaction with Atlantic 

sturgeon by reducing the likelihood that 

Atlantic sturgeon high in the water 

column will become entangled, by 

allowing smaller sturgeon to swim 

through the larger mesh, and by 

allowing the larger sturgeon to break the 

mesh. 

The requirement to use low-profile 

gillnet gear within the New Jersey 

Atlantic Sturgeon Bycatch Reduction 

Area will begin on January 1, 2026, as 

recommended by the Councils, to allow 

for the twine size to be considered 

under Marine Mammal Protection Act 

(MMPA) provisions and to provide time 

for affected members of the fishing 

industry to transition to new gear. The 

definition of the low-profile gillnet gear 

requires a twine size of 0.81 mm; 

however, this conflicts with current 

Harbor Porpoise Take Reduction Plan 

(HPTRP) Regulations, which require 

that large-mesh gillnet gear in the waters 

off the New Jersey Management Area 

have a twine size at least 0.9 mm in 

diameter from January 1 through April 

30, except during April 1 through April 

20 (50 CFR 229.34(b)(1)(ii)). The Harbor 

Porpoise Take Reduction Team (HPTRT) 

was asked by the Councils to consider 

whether this requirement could be 

modified to reduce the twine size 

required in the HPTRP regulations. On 

June 28, 2024, the HPTRT received a 

presentation regarding the potential 

impact of 0.81 mm mesh on harbor 

porpoise; the analysis presented showed 

that allowing the 0.81-mm twine size 

would not be anticipated to cause a 

statistically significant change in harbor 

porpoise bycatch relative to current 

conditions. The HPTRT did not voice 

any concerns over the proposed change 

in gear configuration nor the analysis of 

possible effects. 

The low-profile gillnet design is a 

new gear configuration for a large 

majority of the fleet. The transition to 

the new gear will require construction 

of new nets, which may take time on the 

part of gear manufacturers, who are 

limited in number. Thus, delaying this 

requirement until January 1, 2026, 

provides industry with the time 

necessary to acquire and familiarize 

itself with the new selective gear. 

2. Overnight Soak Prohibitions 

Within the New Jersey Atlantic 

Sturgeon Bycatch Reduction Area, this 

action requires federally permitted 

spiny dogfish vessels fishing with 

roundfish gillnets (i.e., not tie-down 

gillnets) with a mesh size of 5 to 10 

inches (12.7 to 25.4 cm) to remove nets 

from the water by 8 p.m. Eastern Time 

(ET) each day until 5 a.m. ET the 

following day. This requirement will be 

in place from May 1 through May 31 

and November 1 through November 30 

of each year, beginning May 1, 2025. 

This seasonal requirement is based on 

observer data showing that, of sturgeon 

takes observed from 2017–2019 and 

2021–2022, takes by dogfish vessels 

within the New Jersey Atlantic Sturgeon 

Bycatch Reduction Area during May 

and November accounted for a 

combined 23 percent of all observed 

takes by dogfish vessels during the time 

period. 

In the Delaware and Maryland 

Sturgeon Bycatch Area and in the 

Virginia Atlantic Sturgeon Bycatch 

Reduction Area, this action requires 

federally permitted spiny dogfish 

vessels fishing with roundfish gillnets 

(i.e., not tie-down gillnets) with a mesh 

size of 5.25 to 10 inches (13.34 to 25.4 

cm) to remove nets from the water by 8 

p.m. ET each day until 5 a.m. ET the 

following day. This requirement is in 

place from November 1 through March 

31 each year, beginning May 1, 2025. 

This seasonal requirement is based on 

observer data showing that, of sturgeon 

takes observed from 2017–2019 and 

2021–2022, takes by dogfish vessels 

within the Delaware and Maryland 

Bycatch Reduction Area and in the 

Virginia Sturgeon Bycatch Reduction 

Area from November through March 

accounted for 59 percent of all observed 

takes by dogfish vessel during the time 

period. 

Implementing an overnight soak 

restriction for these vessels in the 

Atlantic Sturgeon Bycatch Reduction 

Areas during these seasons is expected 

to reduce the amount of Atlantic 

sturgeon bycatch, but the amount of that 

reduction is not certain. Within these 

areas, the overnight soak prohibitions 

effectively restrict the length of time 

gillnets could be soaked by dogfish 

vessels to a maximum of 15 hours. 

Bycatch mortality increases as soak time 

increases, and this restriction will cap 

soak time at levels where mortality is 

lower. As a result, the overnight soak 

prohibitions and the resulting reduction 

in overall soak time in the fishery are 

expected to greatly reduce the mortality 

of Atlantic sturgeon that are caught in 

nets within the Atlantic Sturgeon 

Bycatch Reduction Areas. 

Comments and Responses 

We received a total of 32 comments 

during the public comment period for 

the proposed rule. Of the 32 individual 

comments received, 17 were unique 

comments, and 15 were a form letter 

with identical, or close to identical, 

contents, but submitted by different 

individuals. Of the 32 individual 

comments received, 6 opposed the 

proposed measures, 1 fully supported 

the proposed measures, 1 supported the 

action but suggested improvements, and 

the remaining 25 suggested changes to 

the action, but did not clearly offer 

either support or opposition for the 

action. 

Comments in Support 

Comment 1: One member of the 

public generally supported the proposed 

measures, noting their agreement that 

Atlantic sturgeon bycatch should be 

limited. The commenter also provided 

feedback on the proposed rule. First, the 

commenter suggested that more 

information should be provided 

regarding the population levels for 

Atlantic sturgeon, monkfish, and spiny 

dogfish. The commenter also questioned 

why shortnose sturgeon was not 

included in this action. Finally, the 

commenter suggested additional 

modifications and requirements for 

large mesh gillnet gear that they 

suggested would reduce bycatch of 

Atlantic sturgeon. These were 

breakaway panels, net slack 

requirements, and depth restrictions. 

Response: NMFS agrees that 

reduction in Atlantic sturgeon bycatch 

is important for marine conservation 

and stewardship. The Environmental 

Assessment (EA) for this action (see 

ADDRESSES) contains detailed 

information regarding target species 

(e.g., monkfish and dogfish), Atlantic 

sturgeon, and other species affected and 

potentially affected by the action 

(including shortnose sturgeon). 

Regarding additional gear modifications 

suggested in the comment, the lowprofile gillnet design was derived from 

completed scientific work specifically 

focusing on reducing Atlantic sturgeon 

bycatch in the gillnet fisheries. 

Additional research would need to be 

conducted to determine the impact of 

the modifications and requirements on 

sturgeon bycatch, other species, and 

directed fisheries prior to consideration 

under the Council process for 

implementation in the gillnet fisheries. 

Comment 2: The Center for Biological 

Diversity commented that it supports 

efforts to reduce and eliminate bycatch 

of marine species, including Atlantic 

sturgeon. The Center for Biological 


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Diversity did not have specific 

comments regarding the measures being 

proposed, but stated that we should 

more explicitly consider the impacts of 

derelict fishing gear on the environment 

within the EA for this action and within 

other analyses conducted by the agency. 

Response: We note the Center for 

Biological Diversity’s support of the 

action to reduce bycatch of Atlantic 

sturgeon. NMFS does not expect the 

measures in this action to have a 

measurable impact on the incidence of 

derelict fishing gear either positively or 

negatively, though some reduction in 

derelict fishing gear may result if fishing 

effort is reduced. As such, we have 

determined that there is no need to 

update the EA for this action in 

response to this comment. 

Comments in Opposition Comment 3: 

One member of the public opposed 

regulations for the fishing industry in 

general. 

Response: While NMFS acknowledges 

the commenter’s concern, regulations 

are the means by which measures 

contained in an FMP can be 

implemented and effectuated. Such 

regulations can be developed by the 

agency on its own, pursuant to the 

authority of MSA section 305(d), or, as 

here, through Council-recommended 

regulations pursuant to section 303(c). 

NMFS is required by section 304(b) of 

the MSA to evaluate proposed 

regulations pertaining to the fishing 

industry that are submitted by the 

Councils pursuant to section 303(c) that 

are deemed to be necessary and 

appropriate to implement an FMP. 

NMFS reviews such submitted 

regulations to determine whether they 

are consistent with the FMP, the MSA, 

and other applicable law. As stated in 

the Classifications section of this final 

rule, the NMFS Assistant Administrator 

determined that this final rule is 

consistent with the Monkfish and Spiny 

Dogfish FMPs, other provisions of the 

Magnuson-Stevens Act, and other 

applicable law. As such, NMFS is 

promulgating these regulations to 

implement Frameworks 15 and 6. 

Comment 4: Two members of the 

public commented that no action 

(Alternative 1 in the EA) should be the 

preferred alternative and the action 

included in this rule (Alternative 5) 

should not be implemented. One of the 

commenters stated that the impacts of 

no action could be positive for Atlantic 

sturgeon compared to the other 

alternatives. 

Response: NMFS disagrees that no 

action should be taken and that 

Alternative 5 is not supported by the 

impact analysis. Alternative 5 is 

expected to reduce Atlantic sturgeon 

bycatch and mortality in the gillnet 

fishery compared to taking no action. 

The measures implemented in this 

action, Alternative 5, balance as much 

bycatch reduction for Atlantic sturgeon 

as possible with as minimal potential 

impacts on the monkfish and spiny 

dogfish fisheries as possible. Other 

alternatives that were not included in 

the proposed rule also would be 

expected to reduce Atlantic sturgeon 

bycatch. Alternatives 2 through 4 would 

reduce the bycatch of Atlantic sturgeon 

more than any other alternatives. 

However, they would also have more 

negative impacts on the monkfish and 

dogfish fisheries than other alternatives 

because they would prevent operation 

of the monkfish and spiny dogfish 

fisheries entirely during certain times of 

the year in the Atlantic Sturgeon 

Bycatch Reduction Areas. Alternative 5 

allows for the continued operation of 

the monkfish and spiny dogfish 

fisheries within the Atlantic sturgeon 

bycatch reduction areas, thereby 

reducing bycatch and mortalities while 

also minimizing socioeconomic impacts 

on the monkfish and spiny dogfish 

fisheries. 

Low-Profile Gillnet Requirement 

Comment 5: One member of the 

public stated that the proposed 

regulations should not explicitly name 

the low-profile gillnet, arguing that 

giving the gear a specific name will 

result in confusion. 

Response: NMFS disagrees that a 

specific name assigned to the gear type 

would result in confusion. There are 

already several examples of selective 

gear types defined in the regulations, 

including Ruhle Trawl § 648.80(a)(9)(ii), 

Rope Separator Trawl § 648.84(e), and 

Large-Mesh Belly Panel Trawl 

§ 648.84(f), and there is no evidence that 

significant confusion has resulted from 

that practice. Defining the low-profile 

gillnet gear allows for a clear definition 

of the gear configuration in the 

regulations and makes it easier to 

distinguish it from other gillnet gear. 

This also simplifies future modifications 

to the specific gear and its required 

configurations, should they become 

necessary. 

Comment 6: Two members of the 

fishing industry, including one HPTRT 

member, commented about the potential 

interactions between, and possible 

inadvertent economic impacts of, the 

HPTRP regulations that would require a 

different minimum twine size than the 

low-profile gillnet gear minimum twine 

size. Regarding the HPTRP regulations, 

the commenters expressed concern that 

the 0.81-mm twine size was included in 

the definition for low profile gillnet gear 

while HPTRP regulations are currently 

in place include a 0.9-mm minimum 

twine size. The commenters assert that 

if nothing is done to resolve the conflict 

in these sets of regulations, then an 

inadvertent fishery closure could occur, 

incurring negative economic impacts 

typically associated with fishery 

closure. The commenters recommended 

a delay to January 1, 2027, to resolve 

this issue. 

Response: NMFS expects that the 

delay in effectiveness of the low-profile 

gillnet requirement to January 1, 2026, 

will provide sufficient time to resolve 

the concerns raised by this commenter, 

and disagrees that a delay to January 1, 

2027, would be necessary at this time. 

On June 28, 2024, the HPTRT met and 

received information regarding all of the 

characteristics of the low-profile gillnet, 

including the 0.81-mm twine size, and 

the potential impacts of said gear on 

take of harbor porpoise. The team did 

not voice any concerns over the 

proposed change in gear configuration 

or the analysis presented on possible 

effects. We expect to propose future 

alteration of the HPTRP regulations to 

accommodate the twine size included in 

the low-profile gillnet requirement in 

this action. 

Further, the 0.81-mm twine size was 

derived from the scientific research 

used to inform the development of this 

action; the inclusion of 0.81-mm twine 

size in the low-profile gillnet design is 

essential to ensuring that the gear is 

most effective at reducing bycatch of 

Atlantic sturgeon. Removing the twine 

size specification from the gear 

definition would be expected to reduce 

the efficacy of these regulations in 

reducing Atlantic sturgeon bycatch, 

which is the primary goal of this action. 

Other General Comments 

Comment 7: One member of the 

public questioned whether an 

interaction with an Atlantic sturgeon 

that is released alive should qualify as 

a take, instead stating that a take should 

only be when an Atlantic sturgeon is 

killed and landed. 

Response: NMFS disagrees with the 

assertion by this commenter that a take 

should only be when an Atlantic 

sturgeon is killed and landed. Atlantic 

sturgeon is protected under the ESA, 

and the ESA is explicit in its definition 

of take. The ESA defines ‘‘take’’ to mean 

‘‘to harass, harm, pursue, hunt, shoot, 

wound, kill, trap, capture, or collect, or 

to attempt to engage in any such 

conduct.’’ 16 U.S.C. 1532(19). Nonlethal, incidental interaction with 

Atlantic sturgeon caused by fisheries 

activity falls into the definition of take 

as defined under the ESA. 


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Comment 11: One member of the 

public commented that the action 

should consider the impact of offshore 

wind development on monkfish and 

dogfish. 

Response: The EA for this action 

includes a summary of the expected 

impacts of offshore wind energy 

development on monkfish and dogfish 

that considered all stages of wind 

energy development, including initial 

site assessment, construction activities, 

and the completed wind fields. Each of 

these could potentially result in a 

variety of direct and indirect impacts on 

the affected species and their marine 

habitat. The analysis concludes that the 

impacts could range from no impact to 

moderate negative. However, the impact 

of offshore wind energy development on 

monkfish and dogfish do not change the 

need for this action to reduce bycatch of 

Atlantic sturgeon in the monkfish and 

dogfish gillnet fisheries. The analysis 

can be found in the Cumulative Effects 

Analysis (CEA), Section 6.7.2.2.1, of the 

EA supporting this action (see 

ADDRESSES). 

Comment 12: One member of the 

public commented on offshore wind 

development in relation to the status of 

North Atlantic right whales. 

Response: The relationship between 

offshore wind development and the 

status of North Atlantic right whales is 

outside the scope of this rulemaking. 

Economic Impacts 

We received several comments from 

the public regarding the potential 

economic impacts of this action on the 

monkfish and spiny dogfish fisheries. 

These comments often made 

overlapping or interrelated points. To 

reduce repetition and ensure ease of 

readability, these comments and 

responses have been summarized and 

addressed by issue, rather than by 

individual comment. 

Comment 13: We received 17 

comment letters, including those from 

the Sustainable Fisheries Association 

(SFA) and 14 members of the fishing 

industry who submitted comments 

mirroring the language used by the SFA, 

that urged a delayed effectiveness for 

the overnight soak prohibitions that 

were proposed. The most commonly 

requested date for a delayed 

effectiveness of this action was May 1, 

2025, the start of fishing year 2025. Each 

comment cited economic concerns and 

costs relating to adjustments to fishing 

behavior, including changes to mesh 

sizes, which vessels would need to 

make in order to come into compliance 

with the overnight soak prohibition 

regulations. Commenters asserted that, 

should the overnight soak prohibition 

go into effect before May 1, 2025, there 

would either not be enough time for 

vessel owners to comply with the 

regulations, or the cost of doing so 

would be prohibitively high in a short 

span of time. As a result, the 

commenters stated that they would 

likely not fish during the seasonal 

restriction if no delay was provided. 

Commenters noted that the dogfish 

fishery is dependent on a small number 

of processors and a relatively small 

market that could be negatively 

impacted by the overnight soak 

prohibition if implemented shortly after 

this rule publishes and before May 1, 

2025. They expressed concern that 

doing so could result in the loss of 

markets and processors for the 

foreseeable future. 

Response: NMFS finds that the 

request from the public to delay 

effectiveness of the overnight soak 

prohibitions is reasonable and justified, 

and that change is reflected in the May 

1, 2025, effectiveness date of this final 

rule. In making this determination, 

NMFS considered the economic 

implications raised by members of the 

public in comparison to the potential 

impacts on Atlantic sturgeon that might 

occur as a result of the delay. NMFS 

agrees with the argument that a standard 

30-day delayed effectiveness under the 

Administrative Procedure Act (APA) 

may not be sufficient time for industry 

to adjust to the regulations being put 

into place by this final action. 

A delay in effectiveness to May 1, 

2025, would only eliminate the seasonal 

overnight soak prohibition in the 

Delaware and Maryland Atlantic 

Sturgeon Bycatch Reduction Areas from 

a date 30 days after the publication of 

this final rule through March 31, 2025. 

Though the measures being approved in 

this final action do address Atlantic 

sturgeon bycatch in the monkfish and 

dogfish fisheries, the negative impacts 

to Atlantic sturgeon that might occur as 

a result of losing 3 to 4 months of the 

overnight soak prohibition are unlikely 

to be significant. These impacts do not 

justify implementation after only a 30- 

day delayed effectiveness given the 

weight of the economic concerns that 

have been raised by the public. 

NMFS also notes that delayed 

effectiveness for gear related measures is 

not a novel concept; the low-profile 

gillnet gear requirement in the New 

Jersey Atlantic Sturgeon Bycatch 

Reduction Area approved in this very 

action is delayed until January 1, 2026. 

The rationale for that delay was also in 

part to provide time necessary for 

industry to adapt to the regulations 

being implemented. It would be 

inconsistent to accept that rationale 

when implementing measures that affect 

one fishery, while rejecting it for 

measures implemented for another, 

closely related fishery. 

Finally, the Atlantic States Marine 

Fisheries Commission is currently 

developing complementary action to 

address Atlantic sturgeon bycatch by 

state-only permitted vessels within the 

footprint of the Atlantic Sturgeon 

Bycatch Reduction Areas being put into 

place by this action. A delay in 

effectiveness to May 1, 2025, reduces or 

avoids the potential for mismatched 

implementation of these regulations and 

simplifies enforcement. 

Comment 14: We received seven 

comments that requested that the 

overnight soak prohibition in the 

Delaware and Maryland Atlantic 

Sturgeon Bycatch Reduction Area and 

Virginia Atlantic Sturgeon Bycatch 

Reduction Area be effective for mesh 

sizes greater than 5.25 inches to 10 

inches (13.34 to 25.4 cm), rather than for 

mesh sizes 5.25 inches to 10 inches 

(13.34 to 25.4 cm). The commenters 

want to be able to use 5.25-inch (13.34- 

cm) mesh and noted that there would be 

a high cost for vessels to switch gear to 

less than 5.25-inch (13.34-cm) gear so 

that they could continue to fish in the 

areas. 

Response: NMFS is not changing the 

overnight soak prohibitions in the 

Delaware and Maryland Atlantic 

Sturgeon Bycatch Reduction Area and 

the Virginia Atlantic Sturgeon Bycatch 

Reduction Area in response to these 

comments. The Councils’ process fully 

considered what range of mesh sizes the 

prohibitions would apply to during the 

development of this action, including at 

Advisory Panel, Joint Committee, and 

Council meetings. The Councils were 

deliberate in their selection of mesh 

sizes that would be subject to these 

regulations in order to most effectively 

address Atlantic sturgeon bycatch and 

mortality. These comments provided no 

information that would justify deviation 

from the range of mesh sizes 

recommended by the Councils. NMFS 

also notes that to address the economic 

impact of replacing gear, it is delaying 

the effective date of the measures until 

May 1, 2025. Vessel owners replace 

gillnets over time because of wear and 

tear or loss. The delay in effectiveness 

to May 1, 2025, allows vessel owners a 

longer time frame to voluntarily replace 

gillnets due to usual wear and tear with 

gear that uses smaller mesh, should they 

so choose, prior to the effective date of 

the overnight soak prohibition. 

Comment 15: Four comments were 

received that generally stated that this 

action would result in the weakening or 

overall loss of the impacted fisheries 


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and associated businesses. Two 

commenters additionally noted that, 

under National Standard 7, the MSA 

requires ‘‘normal and prudent 

measures’’ do not impose a financial 

burden, and that the costs associated 

with needing to replace standard gillnet 

gear with low-profile gillnet gear would 

be significant. 

Response: NMFS disagrees with the 

implication that this action is 

inconsistent with National Standard 7, 

which states that ‘‘Conservation and 

management measures shall, where 

practicable, minimize costs and avoid 

unnecessary duplication.’’ National 

Standard 7 guidelines also establish that 

the supporting analyses for FMPs 

should demonstrate that the benefits of 

fishery regulation are real and 

substantial relative to added costs, 

including costs to the industry for 

compliance. The EA includes an 

analysis of impacts to small entities for 

the purposes of the Regulatory 

Flexibility Act, which does expect some 

cost to industry as it complies with the 

regulations within this action. 

As described in the EA (see 

ADDRESSES), the action in this rule 

strikes a balance between ESA 

requirements to reduce sturgeon bycatch 

and the economic impact on the 

monkfish and dogfish fisheries. 

Overnight soak prohibitions for the 

dogfish fishery and the requirement for 

the monkfish fishery to use low-profile 

gillnet gear in times and areas with high 

Atlantic sturgeon take were selected 

over more restrictive time and area 

closures that would have prevented all 

fishing by the monkfish and spiny 

dogfish fisheries in those places and 

times. These measures allow the fishery 

to continue to operate in a manner that 

reduces impacts to Atlantic sturgeon. 

Further, delays in the effective date of 

this action are designed to, as much as 

possible, mitigate costs incurred by the 

need to purchase new gear to comply 

with the new regulations. 

The measures in this action represent 

the most flexible set of regulations 

under consideration while still fulfilling 

requirements to reduce Atlantic 

sturgeon bycatch. As such, this action is 

consistent with National Standard 7 of 

the MSA. 

Changes From the Proposed Action 

In this final rule, we have made a 

small number of changes to the 

proposed implementing regulations. 

These changes clarify the proposed 

regulatory text, but are not substantive 

in terms of modifying the proposed 

measures. After consulting with the 

Councils, in this final rule, we make the 

following changes to the proposed 

implementing regulations: 

• Revise the proposed text at 

§ 648.14(s)(2)(iv) to replace the word 

‘‘Violate’’ with ‘‘Fail to comply with.’’ 

This change makes the regulation 

consistent with other regulatory text in 

§ 648.14. 

• Revise the proposed text at 

§ 648.91(d)(2)(i) to more clearly 

reference the regulations defining and 

implementing the Mid-Atlantic 

Exemption Area at 648.80(c)(5). 

Classification 

Pursuant to section 304(b)(3) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this final rule is consistent with the 

Monkfish and Spiny Dogfish FMPs, 

other provisions of the MagnusonStevens Act, and other applicable law. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

During development of this action, 

NMFS reached out to Tribal 

representatives from the coastal Tribes 

in the Greater Atlantic Region to seek 

whether they wanted to engage on this 

Framework. No response was received, 

and as such, NMFS has determined that 

this action would not have a substantial 

direct effect on one or more Indian 

Tribes, on the relationship between the 

Federal Government and Indian Tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes; 

therefore, consultation with Tribal 

officials under E.O.13175 is not 

required, and the requirements of 

sections (5)(b) and (5)(c) of E.O. 13175 

also do not apply. A Tribal summary 

impact statement under section 

(5)(b)(2)(B) and section (5)(c)(2)(B) of 

E.O. 13175 is not required and has not 

been prepared. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

Although we received comments on the 

economic impacts of the proposed 

action, these comments did not change 

the factual basis for this certification. 

Comments on the economic impacts, 

and responses to those comments, are 

included in the Comments and 

Responses section of this final rule. As 

a result, a regulatory flexibility analysis 

was not required and none was 

prepared. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing. 

Dated: December 12, 2024. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, NMFS amends 50 CFR part 

648 as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 1. The authority citation for part 648 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

■ 2. Amend § 648.2, by adding in 

alphabetical order the definition for 

‘‘low-profile gillnet gear’’ to read as 

follows: 

§ 648.2 Definitions. 

* * * * * 

Low-profile gillnet gear means 

monkfish gillnets that are constructed 

with the following characteristics 

designed to reduce interaction with 

Atlantic sturgeon: 12 to 13 inch (30.48 

to 33.02 cm) diamond mesh; Net height 

of 6 to 8 meshes; Net length of 300 feet 

(91.44 m); Tie-down length less than or 

equal to 30 inches (76.2 cm); Tie-down 

spacing of 12 feet (3.66 m); Primary 

hanging ratio of 0.50 (i.e., the length of 

webbing is twice that of the length of 

line used); Twine size of 0.81 mm; and 

the net is tied at every float to keep the 

float line down. 

* * * * * 

■ 3. Amend § 648.14, by adding 

paragraphs (m)(3)(iii) and (s)(2)(iv) to 

read as follows: 

§ 648.14 Prohibitions. 

* * * * * 

(m) * * * 

(3) * * * 

(iii) Fail to comply with the New 

Jersey Atlantic Sturgeon Bycatch 

Reduction Area requirements specified 

at § 648.91(d). 

* * * * * 

(s) * * * 

(2) * * * 

(iv) Area requirements. Fail to comply 

with the Atlantic Sturgeon Bycatch 

Reduction Areas requirements specified 

at § 648.234(a). 

* * * * * 

■ 4. Amend § 648.91, by adding 

paragraph (d) to read as follows: 

§ 648.91 Monkfish regulated mesh areas 

and restrictions on gear and methods of 

fishing. 

* * * * * 


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Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations 102839 

(d) New Jersey Atlantic Sturgeon 

Bycatch Reduction Area—(1) Area 

Definition: The New Jersey Dogfish and 

Monkfish Atlantic Sturgeon Bycatch 

Reduction Area is defined by straight 

lines connecting the following points in 

the order stated: 

TABLE 1 TO PARAGRAPH (d) 

Point N lat. W long. 

NJ1 ................................ 40°24′ 73°54′ 

NJ2 ................................ 40°9′ 73°24′ 

NJ3 ................................ 39°30′ 73°51′ 

NJ4 ................................ 39°48′ 74°12′ 

NJ1 ................................ 40°24′ 73°54′ 

(2) Restrictions in the New Jersey 

Atlantic Sturgeon Bycatch Reduction 

Area. Effective year round beginning on 

January 1, 2026, vessels may not fish 

with gillnet gear under a Monkfish DAS 

within the New Jersey Atlantic Sturgeon 

Bycatch Reduction Area unless: 

(i) A vessel is fishing on a monkfishonly DAS within the MA Exemption 

Area and in accordance with the 

requirements set forth at 

§ 648.80(c)(5)(ii), with roundfish gillnets 

with a mesh size equal to or greater than 

5 inches (12.7 cm) and less than 10 

inches (25.4 cm). 

(ii) A vessel is fishing with low profile 

gillnet gear, as defined in § 648.2. 

■ 5. Add § 648.234 to read as follows: 

§ 648.234 Gear restrictions. 

(a) New Jersey Atlantic Sturgeon 

Bycatch Reduction Area—(1) Area 

Definition: The New Jersey Dogfish and 

Monkfish Atlantic Sturgeon Bycatch 

Reduction Area is defined by straight 

lines connecting the following points in 

the order stated: 

TABLE 1 TO PARAGRAPH (a) 

Point N lat. W long. 

NJ1 ................................ 40°24′ 73°54′ 

NJ2 ................................ 40°9′ 73°24′ 

NJ3 ................................ 39°30′ 73°51′ 

NJ4 ................................ 39°48′ 74°12′ 

NJ1 ................................ 40°24′ 73°54′ 

(2) From May 1 through May 31 and 

November 1 through November 30 of 

each year, vessels issued a Federal spiny 

dogfish permit must remove gillnet gear 

with a mesh size equal to or greater than 

5 inches (12.7 cm) and less than 10 

inches (25.4 cm) from within the New 

Jersey Atlantic Sturgeon Bycatch 

Reduction Area from 8 p.m. eastern time 

each day through 5 a.m. eastern time the 

following day. 

(b) Delaware and Maryland Atlantic 

Sturgeon Bycatch Reduction Area—(1) 

Area Definition: The Delaware and 

Maryland Atlantic Sturgeon Bycatch 

Reduction Area is defined by straight 

lines connecting the following points in 

the order stated: 

TABLE 2 TO PARAGRAPH (b) 

Point N lat. W long. 

DM1 ............................... 38°27′ 75°60′ 

DM2 ............................... 38°21′ 74°48′ 

DM3 ............................... 37°30′ 75°12′ 

DM4 ............................... 37°48′ 75°30′ 

DM1 ............................... 38°27′ 75°60′ 

(2) Requirements: From November 1 

through March 31 of each year, vessels 

issued a Federal spiny dogfish permit 

must remove roundfish gillnets with a 

mesh size equal to or greater than 5.25 

inches (13.3 cm) and less than 10 inches 

(25.4 cm) from the water within the 

Delaware and Maryland Atlantic 

Sturgeon Bycatch Reduction Area from 

8 p.m. eastern time each day through 5 

a.m. eastern time the following day. 

(c) Virginia Atlantic Sturgeon Bycatch 

Reduction Area—(1) Area Definition: 

The Virginia Atlantic Sturgeon Bycatch 

Reduction Area is defined by straight 

lines connecting the following points in 

the order stated: 

TABLE 3 TO PARAGRAPH (c) 

Point N lat. W long. 

37°18′ ............................ 75°54′ 

VA2 ................................ 36°48′ 75°36′ 

VA3 ................................ 36°33′ 75°51′ 

VA4 ................................ 36°54′ 76°6′ 

VA1 ................................ 37°18′ 75°54′ 

(2) Requirements: From November 1 

through March 31 of each year, vessels 

issued a Federal spiny dogfish permit 

must remove roundfish gillnets with a 

mesh size equal to or greater than 5.25 

inches (13.3 cm) and less than 10 inches 

(25.4 cm) from the water within the 

Virginia Atlantic Sturgeon Bycatch 

Reduction Area from 8 p.m. eastern time 

each day through 5 a.m. eastern time in 

the following day. 

[FR Doc. 2024–29861 Filed 12–17–24; 8:45 am] 

BILLING CODE 3510–22–P 


khammond on DSK9W7S144PROD with RULES