82_FR_21586 82 FR 21498 - Fisheries of the Northeastern United States; Monkfish; Framework Adjustment 10

82 FR 21498 - Fisheries of the Northeastern United States; Monkfish; Framework Adjustment 10

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 88 (May 9, 2017)

Page Range21498-21501
FR Document2017-09363

We are proposing to approve and implement regulations submitted by the New England and Mid-Atlantic Fishery Management Councils in Framework Adjustment 10 to the Monkfish Fishery Management Plan. This action would set monkfish specifications for fishing years 2017-2019 (May 1, 2017, through April 30, 2020). This action would also increase current days-at-sea allocations and trip limits to provide additional operational flexibility and fishing opportunities. This action is needed to allow the fishery to more effectively harvest its optimum yield.

Federal Register, Volume 82 Issue 88 (Tuesday, May 9, 2017)
[Federal Register Volume 82, Number 88 (Tuesday, May 9, 2017)]
[Proposed Rules]
[Pages 21498-21501]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09363]


=======================================================================
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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 170314267-7267-01]
RIN 0648-BG48


Fisheries of the Northeastern United States; Monkfish; Framework 
Adjustment 10

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

ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: We are proposing to approve and implement regulations 
submitted by the New England and Mid-Atlantic Fishery Management 
Councils in Framework Adjustment 10 to the Monkfish Fishery Management 
Plan. This action would set monkfish specifications for fishing years 
2017-2019 (May 1, 2017, through April 30, 2020). This action would also 
increase current days-at-sea allocations and trip limits to provide 
additional operational flexibility and fishing opportunities. This 
action is needed to allow the fishery to more effectively harvest its 
optimum yield.

DATES: Public comments must be received by May 24, 2017.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2017-0026, by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0026, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to John K. Bullard, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930-2276. Mark the outside of the envelope: 
``Comments on Monkfish Framework 10.''

[[Page 21499]]

    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    New England Fishery Management Council staff prepared an 
environmental assessment (EA) for Monkfish Framework Adjustment 10 that 
describes the proposed action and other considered alternatives. The EA 
provides a thorough analysis of the biological, economic, and social 
impacts of the proposed measures and other considered alternatives, a 
preliminary Regulatory Impact Review, and economic analysis. Copies of 
the Framework 10 EA are available on request from Thomas A. Nies, 
Executive Director, New England Fishery Management Council, 50 Water 
Street, Newburyport, MA 01950. This document is also available from the 
following Internet addresses: http://www.greateratlantic.fisheries.noaa.gov/ or http://www.nefmc.org.

FOR FURTHER INFORMATION CONTACT: William Whitmore, Fishery Policy 
Analyst, (978) 281-9182.

SUPPLEMENTARY INFORMATION: 

Background

    The monkfish fishery is jointly managed under the Monkfish Fishery 
Management Plan (FMP) by the New England and the Mid-Atlantic Fishery 
Management Councils. The fishery extends from Maine to North Carolina 
from the coast out to the end of the continental shelf. The Councils 
manage the fishery as two management units, with the Northern Fishery 
Management Area (NFMA) covering the Gulf of Maine (GOM) and northern 
part of Georges Bank, and the Southern Fishery Management Area (SFMA) 
extending from the southern flank of Georges Bank through Southern New 
England and into the Mid-Atlantic Bight to North Carolina.
    The monkfish fishery is primarily managed by landing limits and a 
yearly allocation of monkfish days-at-sea (DAS) calculated to enable 
vessels participating in the fishery to catch, but not exceed, the 
target total allowable landings (TAL) and the annual catch target 
((ACT), which is the TAL plus an estimate of expected discards) for 
each management area. Both the ACT and the TAL are calculated to 
maximize yield in the fishery over the long term. Based on a yearly 
evaluation of the monkfish fishery, the Councils may revise existing 
management measures through the framework provisions of the FMP to 
better achieve the goals and objectives of the FMP and achieve optimum 
yield, as required by the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act).
    The monkfish fishery has not fully harvested its quota since 2011. 
The fishery harvested less than 70 percent of its quota in the last 
three years (Table 1). The Councils developed Framework 10 to enhance 
the operational efficiency of existing management measures in an effort 
to better achieve optimum yield.

                        Table 1--Monkfish Landings Comparison for Fishing Years 2013-2015
----------------------------------------------------------------------------------------------------------------
                                    Target TAL
                                     (mt) for      2013 Landings   2014 Landings   2015 Landings   Average % of
         Management area           fishing years       (mt)            (mt)            (mt)         TAL landed
                                     2013-2015                                                       2013-2015
----------------------------------------------------------------------------------------------------------------
NFMA............................           5,854           3,596           3,403           4,080              63
SFMA............................           8,925           5,088           5,415           4,733              57
----------------------------------------------------------------------------------------------------------------

Proposed Measures

1. Establish Specifications for Fishing Years 2017-2019

    This action proposes to increase monkfish quotas for the next three 
fishing years (Table 2). Findings from the 2016 monkfish operational 
assessment support these quota increases. The 2016 assessment did 
update several indicators including commercial fishery statistics, 
fishery-independent survey indices, and fishery performance indices. 
The 2016 operational assessment also provided a plan for setting catch 
advice. It should be noted, though, that the 2016 monkfish operational 
assessment did not update the population model used in previous 
assessments because new information revealed problems with the methods 
used to estimate monkfish age and growth. Despite this, based on 
updated data from the assessment, the New England Fishery Management 
Council's Scientific and Statistical Committee (SSC) recommended 
retaining the status quo overfishing limit (OFL) and allowable 
biological catch limit (ABC) for both management areas for fishing 
years 2017-2019 (May 1, 2017, through April 30, 2020). The OFL would be 
17,805 mt for the NFMA and 23,204 mt for the SFMA. The ABC, which 
equals the annual catch limit (ACL), would stay at 7,592 mt for the 
NFMA and 12,316 for the SFMA.
    Framework 10 updates the discard rates for both management areas 
based on catch data updated in the 2016 operational assessment (Table 
1). The previous discard rate is calculated as the ratio of discards to 
catch from fishing years 2004-2006. The proposed discard rate would use 
discard information from fishing years 2013-2015. The proposed changes 
would increase the discard rate in the NFMA from 10.9 percent to 13.9 
percent, and from 22.5 percent to 24.6 percent in the SFMA.
    The proposed TALs would increase because of modifications to the 
management uncertainty buffers. Framework 10 proposes to reduce the 
management uncertainty buffers in both management areas to 3 percent 
(Table 2). The current management uncertainty buffers are 13.5 percent 
in the NFMA and 6.5 percent in the SFMA. The approach used to calculate 
discards has performed well in the past; an adequate amount of discards 
has been forecasted, reducing the likelihood of the ACL being exceeded. 
Further, the TALs have been consistently underharvested in both areas 
(Table 1). For these reasons, this action proposes to reduce the 
management uncertainty buffer.

[[Page 21500]]



                                           Table 2--Proposed Specification Changes in Framework Adjustment 10
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           Management uncertainty buffer           Discard rate           Total allowable landings (TAL)
             Management area             ------------------------------------------------------------------------------------------------ TAL change (%)
                                            Current (%)    Proposed (%)     Current (%)    Proposed (%)    Current (mt)    Proposed (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
NFMA....................................            13.5               3            10.9            13.9           5,854           6,338            8.27
SFMA....................................             6.5               3            22.5            24.6           8,925           9,011            0.96
--------------------------------------------------------------------------------------------------------------------------------------------------------

2. Monkfish DAS and Trip Limit Increases

    Framework 10 proposes trip limit increases in both management areas 
as well as a DAS increase in the SFMA.
    In the NFMA, incidental landing limits for vessels fishing on a 
groundfish DAS would increase from 600 lb (272 kg) to 900 lb (408 kg) 
tail weight/DAS for Category C permitted vessels and from 500 lb (227 
kg) to 750 lb (340 kg) tail weight/DAS for Category D permitted 
vessels. Vessels targeting groundfish land most of the monkfish in the 
NFMA. Increasing the incidental trip limits for vessels targeting 
groundfish may increase monkfish landings; however, analyses suggest 
that a substantial increase is unlikely. This measure would reduce the 
administrative burden for most Category C and D permitted vessels 
because they would no longer need to declare a monkfish DAS to retain a 
higher monkfish possession limit. Increasing the incidental trip limit 
would also allow these vessels to retain additional monkfish that 
otherwise would have been discarded when fishing solely on a groundfish 
DAS under the current (lower) trip limits.
    In the SFMA, the DAS allocation and trip limits would increase by 
15 percent. Monkfish permitted vessels could fish in the SFMA for 37 
DAS. Trip limits for permit Category A and C vessels would increase 
from 610 lb (277 kg) to 700 lb (318 kg) tail weight/DAS and from 500 lb 
(227 kg) to 575 lb (261 kg) tail weight/DAS for Category B and D 
permitted vessels. The majority of monkfish landings in the SFMA come 
from vessels directly targeting monkfish. Vessels directing on monkfish 
in the SFMA are more restricted by DAS allocations and trip limits than 
vessels fishing in the NFMA. Therefore, these trip limit and DAS 
increases are projected to generate more fishing opportunities and 
landings in the SFMA.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has made a preliminary determination that 
this proposed rule is consistent with the Monkfish FMP, Framework 10, 
provisions of the Magnuson-Stevens Act, and other applicable law, 
subject to further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this action, if adopted, would not have a 
significant economic effect on a substantial number of small entities.
    As outlined in the preamble of this rule, the purpose of this 
action is to implement Framework 10 to the Monkfish FMP. Framework 10 
would set monkfish specifications for fishing years 2017-2019. As 
proposed, the TAL of monkfish in both the NFMA and SFMA would increase 
slightly. This action would also increase trip limits in both 
management areas and the DAS allocations that could be fished in the 
SFMA. As a result, this action would increase operational flexibility, 
fishing opportunities, and revenue. Current monkfish quotas have been 
underharvested for the past several years. This framework is needed to 
allow the fishery to more effectively harvest its optimum yield. This 
action seeks to fulfill the purpose and need while meeting the 
overarching goals and objectives of the Monkfish FMP.
    As of May 1, 2015 (beginning of fishing year 2015), NMFS had issued 
798 limited-access monkfish permits. Ownership entities are identified 
on June 1st of each year based on the list of all permit numbers, for 
the most recent complete calendar year, that have applied for any type 
of Northeast Federal fishing permit. The current ownership data set is 
based on calendar year 2015 permits and contains gross sales associated 
with those permits for calendar years 2013 through 2015.
    For RFA purposes only, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (see 50 CFR 200.2). A business primarily 
engaged in commercial fishing (NAICS code 11411) is classified as a 
small business if it is independently owned and operated, is not 
dominant in its field of operation (including its affiliates), and has 
combined annual receipts not in excess of $11 million for all its 
affiliated operations worldwide. The determination as to whether the 
entity is large or small is based on the average annual revenue for the 
three years from 2013 through 2015.
    Ownership data collected from permit holders indicate that there 
are 390 distinct business entities that hold at least one limited-
access monkfish permit. Of these 390 entities, 34 do not have revenues 
(are inactive). Of the 390 entities, 382 entities are categorized as 
small and 8 are categorized as large entities per the NMFS guidelines. 
All 390 entities could be directly regulated by this proposed action. 
There are 38 entities that are ``monkfish dependent'' (greater than 50 
percent of the entity's gross sales are from the sales of monkfish) and 
all are considered small entities.
    This action, which updates specifications and increases DAS and 
trip limits, would provide monkfish fishermen with additional fishing 
opportunities and enhance their operational flexibility.
    The measures proposed in Framework 10 are expected to have a 
positive economic effect on small entities. It could further increase 
catch per unit effort; well accepted economic theory holds that this 
will result in increased profitability, all else held constant. 
Providing increased fishing opportunities should increase landings and 
profits.
    This action is not expected to have a significant economic impact 
on a substantial number of small entities. The effects on the regulated 
small entities identified in this analysis are expected to be positive 
relative to the no action alternative, which would result in lower 
TALs, fewer DAS, and lower trip limits than the proposed action. Under 
the proposed action, small entities would not be placed at a 
competitive disadvantage relative to large entities, and the 
regulations would not reduce the profit for any small entities. As a 
result, an initial regulatory

[[Page 21501]]

flexibility analysis is not required and none has been prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: May 4, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 648 is 
proposed to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

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

0
2. In Sec.  648.92, revise paragraph (b)(1)(ii) to read as follows:


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

* * * * *
    (b) * * *
    (1) * * *
    (ii) DAS restrictions for vessels fishing in the SFMA. A vessel 
issued a limited access monkfish permit may not use more than 37 of its 
46 monkfish DAS allocation in the SFMA during each fishing year. Each 
vessel issued a limited access monkfish permit fishing in the SFMA must 
declare that it is fishing in this area through the vessel call-in 
system or VMS prior to the start of every trip. In addition, if a 
vessel does not possess a valid letter of authorization from the 
Regional Administrator to fish in the NFMA as described in Sec.  
648.94(f), NMFS shall presume that any monkfish DAS used were fished in 
the SFMA.
* * * * *
0
3. In Sec.  648.94, revise paragraphs (b)(2)(i) and (ii) and (b)(3)(i) 
to read as follows:


Sec.  648.94  Monkfish possession and landing restrictions.

* * * * *
    (b) * * *
    (2) Vessels fishing under the monkfish DAS program in the SFMA--(i) 
Category A, C, and G vessels. A vessel issued a limited access monkfish 
Category A, C, or G permit that fishes under a monkfish DAS in the SFMA 
may land up to 700 lb (318 kg) tail weight or 2,037 lb (924 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 2.91). For every 1 lb (0.45 kg) of tail-only weight 
landed, the vessel may land up to 1.91 lb (0.87 kg) of monkfish heads 
only, as described in paragraph (a) of this section.
    (ii) Category B, D, and H vessels. A vessel issued a limited access 
monkfish Category B, D, or H permit that fishes under a monkfish DAS in 
the SFMA may land up to 575 lb (261 kg) tail weight or 1,673 lb (759 
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 2.91). For every 1 lb (0.45 kg) of tail-only 
weight landed, the vessel may land up to 1.91 lb (0.87) of monkfish 
heads only, as described in paragraph (a) of this section.
* * * * *
    (3) Category C, D, F, G, and H vessels fishing under the 
multispecies DAS program--(i) NFMA. Unless otherwise specified in 
paragraph (b)(1) of this section, a vessel issued a limited access 
monkfish Category C permit that fishes under a NE multispecies DAS, and 
not a monkfish DAS, exclusively in the NFMA may land up to 900 lb (408 
kg) tail weight or 2,619 lb (1,188 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 2.91). A 
vessel issued a limited access monkfish Category D permit that fishes 
under a NE multispecies DAS, and not a monkfish DAS, exclusively in the 
NFMA may land up to 750 lb (340 kg) tail weight or 2,183 lb (990 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 2.91). A vessel issued a limited access monkfish 
Category C, D, or F permit participating in the NE Multispecies Regular 
B DAS program, as specified under Sec.  648.85(b)(6), is also subject 
to the incidental landing limit specified in paragraph (c)(1)(i) of 
this section on such trips.
* * * * *
[FR Doc. 2017-09363 Filed 5-8-17; 8:45 am]
 BILLING CODE 3510-22-P



                                                 21498                     Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Proposed Rules

                                                                                                                    TABLE 1—Continued
                                                                                               [All coordinates listed in the Table reference Datum NAD 1983]

                                                            No./Date                            Event                           Sponsor                                          Location

                                                 4. Last Tuesday through           Kennewick Hydroplane              Tri-Cities Water Follies As-      Kennewick, WA. Regulated area includesall navigable
                                                   Sunday in July.                   Races.                            sociation.                        waters within the Columbia River in the vicinity of
                                                                                                                                                         Columbia Park, commencing at the Interstate 395
                                                                                                                                                         Bridge and continuing up river approximately 2.0
                                                                                                                                                         miles and terminating at the northern end of Wade
                                                                                                                                                         Island.
                                                 5. One Saturday in July .......   The Big Float, group inner-       Human Access Project ......       Portland, OR. Regulated area includes all navigable
                                                                                     tube float.                                                         waters of the Willamette River, in Portland, Oregon,
                                                                                                                                                         enclosed by the Hawthorne Bridge, the Marquam
                                                                                                                                                         Bridge, and west of a line beginning at the Haw-
                                                                                                                                                         thorne Bridge at approximate location 45°30′50″ N.;
                                                                                                                                                         122°40′21″ W., and running south to the Marquam
                                                                                                                                                         Bridge at approximate location 45°30′27″ N.;
                                                                                                                                                         122°40′11″ W.
                                                 6. Second Saturday in Au-         Swim the Snake ................   Blue Mountain Resource            Perry, WA. Regulated area includes all navigable
                                                   gust.                                                               Conservation and Devel-           waters, bank-to-bank of the Snake River, 500 yards
                                                                                                                       opment.                           upstream and 500 yards downstream from the
                                                                                                                                                         Washington State Highway 261 Bridge at the ap-
                                                                                                                                                         proximate position of 46°35′23″ N.; 118°13′10″ W.
                                                 7. Annually on Labor Day ....     Roy Webster Cross Chan-           Hood River County Cham-           Hood River, OR. Regulated area includes all waters of
                                                                                    nel Swim.                          ber of Commerce.                  the Columbia River between River Mile 169 and
                                                                                                                                                         River Mile 170.
                                                 8. First or second weekend        Portland Dragon Boat              DragonSports USA ............     Portland, OR. Regulated area includes the western
                                                   in September.                     Races.                                                              side of the Willamette River extending from Tom
                                                                                                                                                         McCall Waterfront Park between the Hawthorne and
                                                                                                                                                         Marquam Bridges, Portland, OR: line one starting at
                                                                                                                                                         45–30′49″ N./122–40′24″ W. then heading east to
                                                                                                                                                         45–30′49″ N./122–40′22″ W. then heading south to
                                                                                                                                                         45–30′29″ N./122–40′08″ W. then heading west to
                                                                                                                                                         45–30′26″ N./122–40′14″ W. then heading north
                                                                                                                                                         ending at 45–30′49″ N./122–40′24″ W.
                                                 9. First Saturday after Labor     Columbia Crossing Swim ..         3 Rivers Road Runners .....       Pasco, WA. Regulated area includes all navigable
                                                   Day weekend.                                                                                          waters, bank-to-bank of the Columbia River in
                                                                                                                                                         Pasco, Washington, between river mile 332 and
                                                                                                                                                         river mile 335.



                                                 §§ 100.1303 and 100.1305        [Removed]               DEPARTMENT OF COMMERCE                                2020). This action would also increase
                                                 ■   3. Remove §§ 100.1303 and 100.1305                                                                        current days-at-sea allocations and trip
                                                                                                         National Oceanic and Atmospheric                      limits to provide additional operational
                                                 PART 165—REGULATED NAVIGATION                           Administration                                        flexibility and fishing opportunities.
                                                 AREAS AND LIMITED ACCESS AREAS                                                                                This action is needed to allow the
                                                                                                         50 CFR Part 648                                       fishery to more effectively harvest its
                                                 ■ 4. The authority citation for part 165                                                                      optimum yield.
                                                                                                         [Docket No. 170314267–7267–01]
                                                 continues to read as follows:                                                                                 DATES: Public comments must be
                                                                                                         RIN 0648–BG48                                         received by May 24, 2017.
                                                   Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                 33 CFR 1.05–1, 6.04–1, 6.04–6; Department of                                                                  ADDRESSES: You may submit comments
                                                                                                         Fisheries of the Northeastern United
                                                 Homeland Security Delegation No. 0170.1.                                                                      on this document, identified by NOAA–
                                                                                                         States; Monkfish; Framework
                                                                                                                                                               NMFS–2017–0026, by either of the
                                                                                                         Adjustment 10
                                                 §§ 165.1341 and 165.1342        [Removed]                                                                     following methods:
                                                                                                         AGENCY:  National Marine Fisheries                       • Electronic Submission: Submit all
                                                 ■   5. Remove §§ 165.1341 and 165.1342
                                                                                                         Service (NMFS), National Oceanic and                  electronic public comments via the
                                                   Dated: April 21, 2017.                                Atmospheric Administration (NOAA),                    Federal e-Rulemaking Portal. Go to
                                                 B.C. McPherson,                                         Commerce.                                             www.regulations.gov/
                                                 Captain, U.S. Coast Guard, Acting                       ACTION: Proposed rule; request for                    #!docketDetail;D=NOAA-NMFS-2017-
                                                 Commander, Thirteenth Coast Guard District.             comments.                                             0026, click the ‘‘Comment Now!’’ icon,
                                                 [FR Doc. 2017–09368 Filed 5–8–17; 8:45 am]                                                                    complete the required fields, and enter
                                                                                                         SUMMARY:   We are proposing to approve                or attach your comments.
nlaroche on DSK30NT082PROD with PROPOSALS




                                                 BILLING CODE 9110–04–P
                                                                                                         and implement regulations submitted by                   • Mail: Submit written comments to
                                                                                                         the New England and Mid-Atlantic                      John K. Bullard, Regional
                                                                                                         Fishery Management Councils in                        Administrator, National Marine
                                                                                                         Framework Adjustment 10 to the                        Fisheries Service, 55 Great Republic
                                                                                                         Monkfish Fishery Management Plan.                     Drive, Gloucester, MA 01930–2276.
                                                                                                         This action would set monkfish                        Mark the outside of the envelope:
                                                                                                         specifications for fishing years 2017–                ‘‘Comments on Monkfish Framework
                                                                                                         2019 (May 1, 2017, through April 30,                  10.’’


                                            VerDate Sep<11>2014   13:36 May 08, 2017   Jkt 241001   PO 00000   Frm 00018   Fmt 4702   Sfmt 4702   E:\FR\FM\09MYP1.SGM   09MYP1


                                                                                    Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Proposed Rules                                                         21499

                                                    Instructions: Comments sent by any                                    Framework 10 EA are available on                        the Mid-Atlantic Bight to North
                                                 other method, to any other address or                                    request from Thomas A. Nies, Executive                  Carolina.
                                                 individual, or received after the end of                                 Director, New England Fishery                              The monkfish fishery is primarily
                                                 the comment period, may not be                                           Management Council, 50 Water Street,                    managed by landing limits and a yearly
                                                 considered by NMFS. All comments                                         Newburyport, MA 01950. This                             allocation of monkfish days-at-sea
                                                 received are a part of the public record                                 document is also available from the                     (DAS) calculated to enable vessels
                                                 and will generally be posted for public                                  following Internet addresses: http://                   participating in the fishery to catch, but
                                                 viewing on www.regulations.gov                                           www.greateratlantic.fisheries.noaa.gov/                 not exceed, the target total allowable
                                                 without change. All personal identifying                                 or http://www.nefmc.org.                                landings (TAL) and the annual catch
                                                 information (e.g., name, address, etc.),                                 FOR FURTHER INFORMATION CONTACT:                        target ((ACT), which is the TAL plus an
                                                 confidential business information, or                                    William Whitmore, Fishery Policy                        estimate of expected discards) for each
                                                 otherwise sensitive information                                          Analyst, (978) 281–9182.                                management area. Both the ACT and the
                                                 submitted voluntarily by the sender will
                                                                                                                          SUPPLEMENTARY INFORMATION:                              TAL are calculated to maximize yield in
                                                 be publicly accessible. NMFS will
                                                                                                                                                                                  the fishery over the long term. Based on
                                                 accept anonymous comments (enter                                         Background                                              a yearly evaluation of the monkfish
                                                 ‘‘N/A’’ in the required fields if you wish
                                                                                                                             The monkfish fishery is jointly                      fishery, the Councils may revise existing
                                                 to remain anonymous). Attachments to
                                                                                                                          managed under the Monkfish Fishery                      management measures through the
                                                 electronic comments will be accepted in
                                                                                                                          Management Plan (FMP) by the New                        framework provisions of the FMP to
                                                 Microsoft Word, Excel, or Adobe PDF
                                                                                                                          England and the Mid-Atlantic Fishery                    better achieve the goals and objectives
                                                 file formats only.
                                                    New England Fishery Management                                        Management Councils. The fishery                        of the FMP and achieve optimum yield,
                                                 Council staff prepared an environmental                                  extends from Maine to North Carolina                    as required by the Magnuson-Stevens
                                                 assessment (EA) for Monkfish                                             from the coast out to the end of the                    Fishery Conservation and Management
                                                 Framework Adjustment 10 that                                             continental shelf. The Councils manage                  Act (Magnuson-Stevens Act).
                                                 describes the proposed action and other                                  the fishery as two management units,                       The monkfish fishery has not fully
                                                 considered alternatives. The EA                                          with the Northern Fishery Management                    harvested its quota since 2011. The
                                                 provides a thorough analysis of the                                      Area (NFMA) covering the Gulf of                        fishery harvested less than 70 percent of
                                                 biological, economic, and social impacts                                 Maine (GOM) and northern part of                        its quota in the last three years (Table
                                                 of the proposed measures and other                                       Georges Bank, and the Southern Fishery                  1). The Councils developed Framework
                                                 considered alternatives, a preliminary                                   Management Area (SFMA) extending                        10 to enhance the operational efficiency
                                                 Regulatory Impact Review, and                                            from the southern flank of Georges Bank                 of existing management measures in an
                                                 economic analysis. Copies of the                                         through Southern New England and into                   effort to better achieve optimum yield.

                                                                                       TABLE 1—MONKFISH LANDINGS COMPARISON FOR FISHING YEARS 2013–2015
                                                                                                                                             Target TAL           2013              2014               2015       Average % of
                                                                                                                                               (mt) for
                                                                               Management area                                                                  Landings          Landings           Landings      TAL landed
                                                                                                                                            fishing years         (mt)              (mt)               (mt)        2013–2015
                                                                                                                                             2013–2015

                                                 NFMA ...................................................................................           5,854              3,596               3,403          4,080             63
                                                 SFMA ...................................................................................           8,925              5,088               5,415          4,733             57



                                                 Proposed Measures                                                        updated data from the assessment, the                   changes would increase the discard rate
                                                                                                                          New England Fishery Management                          in the NFMA from 10.9 percent to 13.9
                                                 1. Establish Specifications for Fishing
                                                                                                                          Council’s Scientific and Statistical                    percent, and from 22.5 percent to 24.6
                                                 Years 2017–2019
                                                                                                                          Committee (SSC) recommended                             percent in the SFMA.
                                                    This action proposes to increase                                      retaining the status quo overfishing
                                                 monkfish quotas for the next three                                                                                                 The proposed TALs would increase
                                                                                                                          limit (OFL) and allowable biological
                                                 fishing years (Table 2). Findings from                                                                                           because of modifications to the
                                                                                                                          catch limit (ABC) for both management
                                                 the 2016 monkfish operational                                                                                                    management uncertainty buffers.
                                                                                                                          areas for fishing years 2017–2019 (May
                                                 assessment support these quota                                                                                                   Framework 10 proposes to reduce the
                                                                                                                          1, 2017, through April 30, 2020). The
                                                 increases. The 2016 assessment did                                       OFL would be 17,805 mt for the NFMA                     management uncertainty buffers in both
                                                 update several indicators including                                      and 23,204 mt for the SFMA. The ABC,                    management areas to 3 percent (Table
                                                 commercial fishery statistics, fishery-                                  which equals the annual catch limit                     2). The current management uncertainty
                                                 independent survey indices, and fishery                                  (ACL), would stay at 7,592 mt for the                   buffers are 13.5 percent in the NFMA
                                                 performance indices. The 2016                                            NFMA and 12,316 for the SFMA.                           and 6.5 percent in the SFMA. The
                                                 operational assessment also provided a                                      Framework 10 updates the discard                     approach used to calculate discards has
                                                 plan for setting catch advice. It should                                 rates for both management areas based                   performed well in the past; an adequate
                                                 be noted, though, that the 2016                                          on catch data updated in the 2016                       amount of discards has been forecasted,
                                                 monkfish operational assessment did                                      operational assessment (Table 1). The                   reducing the likelihood of the ACL
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                                                 not update the population model used                                     previous discard rate is calculated as the              being exceeded. Further, the TALs have
                                                 in previous assessments because new                                      ratio of discards to catch from fishing                 been consistently underharvested in
                                                 information revealed problems with the                                   years 2004–2006. The proposed discard                   both areas (Table 1). For these reasons,
                                                 methods used to estimate monkfish age                                    rate would use discard information from                 this action proposes to reduce the
                                                 and growth. Despite this, based on                                       fishing years 2013–2015. The proposed                   management uncertainty buffer.




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                                                 21500                          Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Proposed Rules

                                                                                    TABLE 2—PROPOSED SPECIFICATION CHANGES IN FRAMEWORK ADJUSTMENT 10
                                                                                     Management uncertainty buffer                  Discard rate                Total allowable landings (TAL)
                                                                                                                                                                                                  TAL change
                                                    Management area                    Current           Proposed             Current           Proposed           Current           Proposed        (%)
                                                                                        (%)                 (%)                (%)                 (%)              (mt)               (mt)

                                                 NFMA ...........................             13.5                   3               10.9                13.9              5,854          6,338           8.27
                                                 SFMA ...........................              6.5                   3               22.5                24.6              8,925          9,011           0.96



                                                 2. Monkfish DAS and Trip Limit                             Monkfish FMP, Framework 10,                           independently owned and operated, is
                                                 Increases                                                  provisions of the Magnuson-Stevens                    not dominant in its field of operation
                                                    Framework 10 proposes trip limit                        Act, and other applicable law, subject to             (including its affiliates), and has
                                                 increases in both management areas as                      further consideration after public                    combined annual receipts not in excess
                                                 well as a DAS increase in the SFMA.                        comment.                                              of $11 million for all its affiliated
                                                    In the NFMA, incidental landing                            This proposed rule has been                        operations worldwide. The
                                                 limits for vessels fishing on a groundfish                 determined to be not significant for                  determination as to whether the entity
                                                 DAS would increase from 600 lb (272                        purposes of Executive Order 12866.                    is large or small is based on the average
                                                 kg) to 900 lb (408 kg) tail weight/DAS                        The Chief Counsel for Regulation of                annual revenue for the three years from
                                                 for Category C permitted vessels and                       the Department of Commerce certified                  2013 through 2015.
                                                 from 500 lb (227 kg) to 750 lb (340 kg)                    to the Chief Counsel for Advocacy of the                 Ownership data collected from permit
                                                 tail weight/DAS for Category D                             Small Business Administration (SBA)                   holders indicate that there are 390
                                                 permitted vessels. Vessels targeting                       that this action, if adopted, would not               distinct business entities that hold at
                                                 groundfish land most of the monkfish in                    have a significant economic effect on a               least one limited-access monkfish
                                                 the NFMA. Increasing the incidental                        substantial number of small entities.                 permit. Of these 390 entities, 34 do not
                                                 trip limits for vessels targeting                             As outlined in the preamble of this                have revenues (are inactive). Of the 390
                                                 groundfish may increase monkfish                           rule, the purpose of this action is to                entities, 382 entities are categorized as
                                                 landings; however, analyses suggest that                   implement Framework 10 to the                         small and 8 are categorized as large
                                                 a substantial increase is unlikely. This                   Monkfish FMP. Framework 10 would                      entities per the NMFS guidelines. All
                                                 measure would reduce the                                   set monkfish specifications for fishing               390 entities could be directly regulated
                                                 administrative burden for most Category                    years 2017–2019. As proposed, the TAL                 by this proposed action. There are 38
                                                 C and D permitted vessels because they                     of monkfish in both the NFMA and                      entities that are ‘‘monkfish dependent’’
                                                 would no longer need to declare a                          SFMA would increase slightly. This                    (greater than 50 percent of the entity’s
                                                 monkfish DAS to retain a higher                            action would also increase trip limits in             gross sales are from the sales of
                                                 monkfish possession limit. Increasing                      both management areas and the DAS                     monkfish) and all are considered small
                                                 the incidental trip limit would also                       allocations that could be fished in the               entities.
                                                 allow these vessels to retain additional                   SFMA. As a result, this action would
                                                                                                                                                                     This action, which updates
                                                 monkfish that otherwise would have                         increase operational flexibility, fishing
                                                                                                                                                                  specifications and increases DAS and
                                                 been discarded when fishing solely on                      opportunities, and revenue. Current
                                                                                                                                                                  trip limits, would provide monkfish
                                                 a groundfish DAS under the current                         monkfish quotas have been
                                                                                                                                                                  fishermen with additional fishing
                                                 (lower) trip limits.                                       underharvested for the past several
                                                                                                                                                                  opportunities and enhance their
                                                    In the SFMA, the DAS allocation and                     years. This framework is needed to
                                                                                                                                                                  operational flexibility.
                                                 trip limits would increase by 15 percent.                  allow the fishery to more effectively
                                                 Monkfish permitted vessels could fish                      harvest its optimum yield. This action                   The measures proposed in Framework
                                                 in the SFMA for 37 DAS. Trip limits for                    seeks to fulfill the purpose and need                 10 are expected to have a positive
                                                 permit Category A and C vessels would                      while meeting the overarching goals and               economic effect on small entities. It
                                                 increase from 610 lb (277 kg) to 700 lb                    objectives of the Monkfish FMP.                       could further increase catch per unit
                                                 (318 kg) tail weight/DAS and from 500                         As of May 1, 2015 (beginning of                    effort; well accepted economic theory
                                                 lb (227 kg) to 575 lb (261 kg) tail weight/                fishing year 2015), NMFS had issued                   holds that this will result in increased
                                                 DAS for Category B and D permitted                         798 limited-access monkfish permits.                  profitability, all else held constant.
                                                 vessels. The majority of monkfish                          Ownership entities are identified on                  Providing increased fishing
                                                 landings in the SFMA come from                             June 1st of each year based on the list               opportunities should increase landings
                                                 vessels directly targeting monkfish.                       of all permit numbers, for the most                   and profits.
                                                 Vessels directing on monkfish in the                       recent complete calendar year, that have                 This action is not expected to have a
                                                 SFMA are more restricted by DAS                            applied for any type of Northeast                     significant economic impact on a
                                                 allocations and trip limits than vessels                   Federal fishing permit. The current                   substantial number of small entities.
                                                 fishing in the NFMA. Therefore, these                      ownership data set is based on calendar               The effects on the regulated small
                                                 trip limit and DAS increases are                           year 2015 permits and contains gross                  entities identified in this analysis are
                                                 projected to generate more fishing                         sales associated with those permits for               expected to be positive relative to the no
                                                 opportunities and landings in the                          calendar years 2013 through 2015.                     action alternative, which would result
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                                                 SFMA.                                                         For RFA purposes only, NMFS has                    in lower TALs, fewer DAS, and lower
                                                                                                            established a small business size                     trip limits than the proposed action.
                                                 Classification                                             standard for businesses, including their              Under the proposed action, small
                                                   Pursuant to section 304(b)(1)(A) of the                  affiliates, whose primary industry is                 entities would not be placed at a
                                                 Magnuson-Stevens Act, the NMFS                             commercial fishing (see 50 CFR 200.2).                competitive disadvantage relative to
                                                 Assistant Administrator has made a                         A business primarily engaged in                       large entities, and the regulations would
                                                 preliminary determination that this                        commercial fishing (NAICS code 11411)                 not reduce the profit for any small
                                                 proposed rule is consistent with the                       is classified as a small business if it is            entities. As a result, an initial regulatory


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                                                                           Federal Register / Vol. 82, No. 88 / Tuesday, May 9, 2017 / Proposed Rules                                                  21501

                                                 flexibility analysis is not required and                authorization from the Regional                       only weight landed, the vessel may land
                                                 none has been prepared.                                 Administrator to fish in the NFMA as                  up to 1.91 lb (0.87) of monkfish heads
                                                                                                         described in § 648.94(f), NMFS shall                  only, as described in paragraph (a) of
                                                 List of Subjects in 50 CFR Part 648
                                                                                                         presume that any monkfish DAS used                    this section.
                                                   Fisheries, Fishing, Recordkeeping and                 were fished in the SFMA.                              *      *     *    *     *
                                                 reporting requirements.                                 *     *     *       *    *                               (3) Category C, D, F, G, and H vessels
                                                   Dated: May 4, 2017.                                   ■ 3. In § 648.94, revise paragraphs
                                                                                                                                                               fishing under the multispecies DAS
                                                 Alan D. Risenhoover,                                    (b)(2)(i) and (ii) and (b)(3)(i) to read as           program—(i) NFMA. Unless otherwise
                                                 Acting Deputy Assistant Administrator for               follows:                                              specified in paragraph (b)(1) of this
                                                 Regulatory Programs, National Marine
                                                 Fisheries Service.                                      § 648.94 Monkfish possession and landing              section, a vessel issued a limited access
                                                                                                         restrictions.                                         monkfish Category C permit that fishes
                                                   For the reasons set out in the                                                                              under a NE multispecies DAS, and not
                                                                                                         *      *     *     *    *
                                                 preamble, 50 CFR part 648 is proposed                                                                         a monkfish DAS, exclusively in the
                                                                                                           (b) * * *
                                                 to be amended as follows:                                                                                     NFMA may land up to 900 lb (408 kg)
                                                                                                           (2) Vessels fishing under the monkfish
                                                                                                         DAS program in the SFMA—(i) Category                  tail weight or 2,619 lb (1,188 kg) whole
                                                 PART 648—FISHERIES OF THE                                                                                     weight of monkfish per DAS (or any
                                                 NORTHEASTERN UNITED STATES                              A, C, and G vessels. A vessel issued a
                                                                                                         limited access monkfish Category A, C,                prorated combination of tail weight and
                                                 ■ 1. The authority citation for part 648                or G permit that fishes under a monkfish              whole weight based on the conversion
                                                 continues to read as follows:                           DAS in the SFMA may land up to 700                    factor for tail weight to whole weight of
                                                                                                         lb (318 kg) tail weight or 2,037 lb (924              2.91). A vessel issued a limited access
                                                     Authority: 16 U.S.C. 1801 et seq.                                                                         monkfish Category D permit that fishes
                                                                                                         kg) whole weight of monkfish per DAS
                                                 ■ 2. In § 648.92, revise paragraph                      (or any prorated combination of tail                  under a NE multispecies DAS, and not
                                                 (b)(1)(ii) to read as follows:                          weight and whole weight based on the                  a monkfish DAS, exclusively in the
                                                                                                         conversion factor for tail weight to                  NFMA may land up to 750 lb (340 kg)
                                                 § 648.92 Effort-control program for
                                                 monkfish limited access vessels.                        whole weight of 2.91). For every 1 lb                 tail weight or 2,183 lb (990 kg) whole
                                                                                                         (0.45 kg) of tail-only weight landed, the             weight of monkfish per DAS (or any
                                                 *       *   *      *    *                                                                                     prorated combination of tail weight and
                                                    (b) * * *                                            vessel may land up to 1.91 lb (0.87 kg)
                                                    (1) * * *                                            of monkfish heads only, as described in               whole weight based on the conversion
                                                    (ii) DAS restrictions for vessels fishing            paragraph (a) of this section.                        factor for tail weight to whole weight of
                                                 in the SFMA. A vessel issued a limited                    (ii) Category B, D, and H vessels. A                2.91). A vessel issued a limited access
                                                 access monkfish permit may not use                      vessel issued a limited access monkfish               monkfish Category C, D, or F permit
                                                 more than 37 of its 46 monkfish DAS                     Category B, D, or H permit that fishes                participating in the NE Multispecies
                                                 allocation in the SFMA during each                      under a monkfish DAS in the SFMA                      Regular B DAS program, as specified
                                                 fishing year. Each vessel issued a                      may land up to 575 lb (261 kg) tail                   under § 648.85(b)(6), is also subject to
                                                 limited access monkfish permit fishing                  weight or 1,673 lb (759 kg) whole                     the incidental landing limit specified in
                                                 in the SFMA must declare that it is                     weight of monkfish per DAS (or any                    paragraph (c)(1)(i) of this section on
                                                 fishing in this area through the vessel                 prorated combination of tail weight and               such trips.
                                                 call-in system or VMS prior to the start                whole weight based on the conversion                  *      *     *    *     *
                                                 of every trip. In addition, if a vessel                 factor for tail weight to whole weight of             [FR Doc. 2017–09363 Filed 5–8–17; 8:45 am]
                                                 does not possess a valid letter of                      2.91). For every 1 lb (0.45 kg) of tail-              BILLING CODE 3510–22–P
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Document Created: 2018-11-08 08:41:25
Document Modified: 2018-11-08 08:41:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; request for comments.
DatesPublic comments must be received by May 24, 2017.
ContactWilliam Whitmore, Fishery Policy Analyst, (978) 281-9182.
FR Citation82 FR 21498 
RIN Number0648-BG48
CFR AssociatedFisheries; Fishing and Recordkeeping and Reporting Requirements

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