82_FR_32277 82 FR 32145 - Fisheries of the Northeastern United States; Monkfish; Framework Adjustment 10

82 FR 32145 - Fisheries of the Northeastern United States; Monkfish; Framework Adjustment 10

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 132 (July 12, 2017)

Page Range32145-32148
FR Document2017-14562

This action approves and implements regulations submitted by the New England and Mid-Atlantic Fishery Management Councils in Framework Adjustment 10 to the Monkfish Fishery Management Plan. This action sets monkfish specifications for fishing years 2017-2019 (May 1, 2017 through April 30, 2020). It also increases current days-at-sea allocations and trip limits. This action is intended to allow the fishery to more effectively harvest its optimum yield.

Federal Register, Volume 82 Issue 132 (Wednesday, July 12, 2017)
[Federal Register Volume 82, Number 132 (Wednesday, July 12, 2017)]
[Rules and Regulations]
[Pages 32145-32148]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14562]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket Number 170314267-7566-02]
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: Final rule.

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

SUMMARY: This action approves and implements regulations submitted by 
the New England and Mid-Atlantic Fishery Management Councils in 
Framework Adjustment 10 to the Monkfish Fishery Management Plan. This 
action sets monkfish specifications for fishing years 2017-2019 (May 1, 
2017 through April 30, 2020). It also increases current days-at-sea 
allocations and trip limits. This action is intended to allow the 
fishery to more effectively harvest its optimum yield.

DATES: This rule is effective July 12, 2017.

ADDRESSES: Copies of Framework Adjustment 10 and the accompanying 
environmental assessment (EA) are available on request from: John K. 
Bullard, Regional Administrator, National Marine Fisheries Service, 55 
Great Republic Drive, Gloucester, MA 01930. Framework 10 and the EA are 
also accessible via the Internet at: https://www.greateratlantic.fisheries.noaa.gov/sustainable/species/monkfish/index.html. These documents are also accessible via the Federal 
eRulemaking Portal: http://www.regulations.gov.

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

SUPPLEMENTARY INFORMATION: 

Background

    The New England and the Mid-Atlantic Fishery Management Councils 
jointly manage the Monkfish Fishery Management Plan (FMP). 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) for each management area. The 
catch limits 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 underharvested its available 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                                                        Average
                                     (mt) for      2013 Landings   2014 Landings   2015 Landings  percent (%) 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
----------------------------------------------------------------------------------------------------------------

Approved Measures

1. Establish Specifications for Fishing Years 2017-2019

    This action retains the biological reference points previously 
established in Framework 8 (79 FR 41919; July 8, 2014). The overfishing 
limit (OFL) for fishing years 2017-2019 (May 1, 2017 through April 30, 
2020) is 17,805 mt for the NFMA and 23,204 mt for the SFMA. The 
acceptable biological catch (ABC) for each area, which equals the 
annual catch limit (ACL), is 7,592 mt for the NFMA and 12,316 mt for 
the SFMA. Additional background information on these specifications is 
available in the proposed rule (82 FR 21498; May 9, 2017), and is not 
repeated here.
    Although the biological reference points are unchanged, this action 
increases monkfish total allowable landings (TAL), or quotas, for the 
next three fishing years (Table 2). The TALs are derived after reducing 
an assumed amount of discards and a management uncertainty buffer from 
the ABC.

[[Page 32146]]



                                  Table 2--Specification Changes in Framework Adjustment 10 for Fishing Years 2017-2019
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           Management uncertainty buffer           Discard rate           Total allowable landings (TAL)
             Management area             ------------------------------------------------------------------------------------------------ TAL change (%)
                                           Previous (%)     Revised (%)    Previous (%)     Revised (%)   Previous  (mt)   Revised  (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
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Framework 10 updates the discard rates for both management areas 
using operational assessment discard information from fishing years 
2013-2015 (Table 2). These changes slightly increase the discard rate 
in both management areas, which in itself would decrease the TAL.
    However, Framework 10 also reduces the management uncertainty 
buffers to 3 percent (Table 2). The management uncertainty buffers are 
used as an offset between the ACL and TAL to prevent the ACL from being 
exceeded. 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, as previously 
explained, the TALs have been consistently underharvested in both 
areas. As a result, there is little risk of exceeding the TALs and a 
more substantive management uncertainty buffer is no longer necessary.

2. Monkfish DAS and Trip Limit Increases

    This action approves trip limit increases in both management areas 
(Table 3) as well as a DAS increase in the SFMA.

                            Table 3--Trip Limit Changes in Framework Adjustment 10 *
----------------------------------------------------------------------------------------------------------------
                                                      NFMA                                  SFMA
           Permit category           ---------------------------------------------------------------------------
                                        Previous limit     Revised limit      Previous limit     Revised limit
----------------------------------------------------------------------------------------------------------------
A...................................               No Changes                 610 lb (277 kg)    700 lb (318 kg)
B...................................                                          500 lb (227 kg)    575 lb (261 kg)
                                     --------------------------------------
C...................................    600 lb (272 kg)    900 lb (408 kg)    610 lb (277 kg)    700 lb (318 kg)
D...................................    500 lb (227 kg)    750 lb (340 kg)    500 lb (227 kg)    575 lb (261 kg)
----------------------------------------------------------------------------------------------------------------
* Trip limit values are monkfish tail weights.

    In the NFMA, this action increases incidental landing limits for 
Category C and D vessels fishing on a groundfish DAS. Vessels targeting 
groundfish land most of the monkfish in the NFMA. Increasing the 
incidental trip limits for vessels targeting groundfish may increase 
monkfish landings. Increasing the incidental trip limit also allows 
these vessels to retain additional monkfish that otherwise would have 
been discarded when fishing solely on a groundfish DAS under the 
previous (lower) trip limits. This measure reduces the administrative 
burden for most these vessels because they will no longer need to 
declare a monkfish DAS to retain a higher monkfish possession limit.
    In the SFMA, the DAS allocation and trip limits will increase by 15 
percent (Table 3). Monkfish permitted vessels can fish in the SFMA for 
37 DAS (an increase of 5 DAS). 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.

Comments and Responses on Measures Proposed in Framework 10

    We received four comments on the proposed rule, two comments from 
members of the fishing industry and two comments from the general 
public. One commenter suggested that the incidental landing limits for 
the open access fishery be increased. One commenter requested that the 
current management measures should remain unchanged. Two comments 
argued that monkfish need additional protections. We consolidated 
responses to similar comments and our responses are below.
    Comment 1: One commenter stated that vessel trip limits for the 
open-access category vessels (permit Category E) that catch an 
incidental limit of monkfish should increase.
    Response: This suggestion was not considered by the Councils in 
this action, is not within the scope of this action, and would need to 
be proposed in a future action. As a result, the Category E possession 
limits remain unchanged.
    Comment 2: One commenter suggested that no changes be implemented 
due to uncertainties in the fishery.
    Response: Although the stock assessment model was not used in the 
recent operational assessment update, there is still plenty of 
scientific and catch data, which was recently reviewed in an 
operational assessment and endorsed by the Council's Scientific and 
Statistical Committee. This action incorporates the best scientific 
information available. Furthermore, this action retains scientific 
uncertainty buffers between the OFL and ABCs and management uncertainty 
buffers between the ACLs and TALs. These buffers are designed to 
specifically ensure that there is a low likelihood of overfishing the 
monkfish stock. The fishery remains in a healthy state and is currently 
underharvested and underutilized. We are approving this action to 
increase harvests in an effort to better achieve optimum yield.
    Comment 3: Two commenters argued that more restrictive management 
measures are necessary to protect monkfish.
    Response: As explained in Comment 2, the fishery remains in a 
healthy state and is currently underharvested and underutilized. The 
monkfish fishery is not in a rebuilding plan, is not subject

[[Page 32147]]

to overfishing, and is not considered overfished. Measures approved in 
this action will further promote a sustainable fishery.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that the management 
measures implemented in this final rule are necessary for the 
conservation and management of the Monkfish fishery and consistent with 
the Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order (E.O.) 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) at the proposed rule stage that this action would 
not have a significant economic effect on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification, and the initial certification remains 
unchanged. As a result, a final regulatory flexibility analysis is not 
required and none has been prepared.
    The Assistant Administrator for Fisheries finds good cause, under 5 
U.S.C. 553(d)(3), to waive the 30-day delayed effectiveness of this 
action. As explained in the preamble, this rule provides immediate 
benefits to the fishing industry and does not require any new 
regulatory restrictions that would require fishermen to modify their 
fishing operations. Further delay of this action would reduce the 
positive economic impacts that are intended by these measures, prevent 
regulatory discards from being reduced, require the use of unnecessary 
effort controls (e.g., DAS restrictions), retain unnecessary 
administrative measures, and further prevent the fishery from achieving 
optimum yield. This action increases trip limits by 50 percent in the 
NFMA and 15 percent SFMA and increases the DAS that can be fished in 
the SFMA by 15 percent. Increasing the trip limits removes the need for 
many fishermen to use a DAS when fishing for monkfish, reducing the 
administrative burden on fishermen. This modification also provides 
additional fishing opportunities. Increasing the trip limit and 
removing the need for fishermen to utilize a DAS also reduces the risk 
of fishermen discarding monkfish due to trip limit restrictions under a 
DAS. These changes represent substantial benefits to fishermen.
    Furthermore, the fishing year started on May 1, 2017. Since much of 
the fishing effort on monkfish occurs during the months of May and 
June, any additional delay implementing these measures would further 
reduce the positive economic impacts that are intended by these 
measures and frustrate fishermen.
    This action was designed to increase fishing opportunities and 
catch. Any delay in implementing this action reduces the ability for 
the fishery to harvest its optimum yield. For the reasons explained 
above, this action is not subject to the 30-day delayed effectiveness 
provision of the Administrative Procedures Act (APA).

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: July 6, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

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

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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), (b)(2)(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

[[Page 32148]]

paragraph (c)(1)(i) of this section on such trips.
* * * * *
[FR Doc. 2017-14562 Filed 7-11-17; 8:45 am]
 BILLING CODE 3510-22-P



                                                                     Federal Register / Vol. 82, No. 132 / Wednesday, July 12, 2017 / Rules and Regulations                                                          32145

                                             reconsideration be filed prior to seeking                                Atmospheric Administration (NOAA),                       extends from Maine to North Carolina
                                             judicial review.                                                         Commerce.                                                from the coast out to the end of the
                                             F. Paperwork Reduction Act                                               ACTION: Final rule.                                      continental shelf. The Councils manage
                                                                                                                                                                               the fishery as two management units,
                                               In accordance with the Paperwork                                       SUMMARY:   This action approves and                      with the Northern Fishery Management
                                             Reduction Act of 1980, NHTSA states                                      implements regulations submitted by
                                                                                                                                                                               Area (NFMA) covering the Gulf of
                                             that there are no requirements for                                       the New England and Mid-Atlantic
                                                                                                                                                                               Maine (GOM) and northern part of
                                             information collection associated with                                   Fishery Management Councils in
                                                                                                                      Framework Adjustment 10 to the                           Georges Bank, and the Southern Fishery
                                             this rulemaking action.
                                                                                                                      Monkfish Fishery Management Plan.                        Management Area (SFMA) extending
                                             G. Privacy Act                                                                                                                    from the southern flank of Georges Bank
                                                                                                                      This action sets monkfish specifications
                                               Please note that anyone is able to                                     for fishing years 2017–2019 (May 1,                      through Southern New England and into
                                             search the electronic form of all                                        2017 through April 30, 2020). It also                    the Mid-Atlantic Bight to North
                                             comments received into any of DOT’s                                      increases current days-at-sea allocations                Carolina.
                                             dockets by the name of the individual                                    and trip limits. This action is intended                    The monkfish fishery is primarily
                                             submitting the comment (or signing the                                   to allow the fishery to more effectively                 managed by landing limits and a yearly
                                             comment, if submitted on behalf of an                                    harvest its optimum yield.                               allocation of monkfish days-at-sea
                                             association, business, labor union, etc.).                               DATES: This rule is effective July 12,                   (DAS) calculated to enable vessels
                                             You may review DOT’s complete                                            2017.                                                    participating in the fishery to catch, but
                                             Privacy Act statement in the Federal
                                                                                                                      ADDRESSES: Copies of Framework                           not exceed, the target total allowable
                                             Register published on April 11, 2000
                                             (65 FR 19477–78) or you may visit                                        Adjustment 10 and the accompanying                       landings (TAL) for each management
                                             https://www.transportation.gov/privacy.                                  environmental assessment (EA) are                        area. The catch limits are calculated to
                                                                                                                      available on request from: John K.                       maximize yield in the fishery over the
                                             Jack Danielson,                                                          Bullard, Regional Administrator,                         long term. Based on a yearly evaluation
                                             Acting Deputy Administrator.                                             National Marine Fisheries Service, 55                    of the monkfish fishery, the Councils
                                             [FR Doc. 2017–14525 Filed 7–7–17; 11:15 am]                              Great Republic Drive, Gloucester, MA                     may revise existing management
                                             BILLING CODE 4910–59–P                                                   01930. Framework 10 and the EA are                       measures through the framework
                                                                                                                      also accessible via the Internet at:                     provisions of the FMP to better achieve
                                                                                                                      https://                                                 the goals and objectives of the FMP and
                                             DEPARTMENT OF COMMERCE                                                   www.greateratlantic.fisheries.noaa.gov/                  achieve optimum yield, as required by
                                                                                                                      sustainable/species/monkfish/                            the Magnuson-Stevens Fishery
                                             National Oceanic and Atmospheric                                         index.html. These documents are also                     Conservation and Management Act
                                             Administration                                                           accessible via the Federal eRulemaking                   (Magnuson-Stevens Act).
                                                                                                                      Portal: http://www.regulations.gov.
                                             50 CFR Part 648                                                          FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                                  The monkfish fishery has not fully
                                                                                                                      William Whitmore, Fishery Policy                         harvested its quota since 2011. The
                                             [Docket Number 170314267–7566–02]
                                                                                                                      Analyst, (978) 281–9182.                                 fishery underharvested its available
                                             RIN 0648–BG48
                                                                                                                      SUPPLEMENTARY INFORMATION:
                                                                                                                                                                               quota in the last three years (Table 1).
                                                                                                                                                                               The Councils developed Framework 10
                                             Fisheries of the Northeastern United                                     Background                                               to enhance the operational efficiency of
                                             States; Monkfish; Framework                                                                                                       existing management measures in an
                                                                                                                        The New England and the Mid-
                                             Adjustment 10
                                                                                                                      Atlantic Fishery Management Councils                     effort to better achieve optimum yield.
                                             AGENCY:  National Marine Fisheries                                       jointly manage the Monkfish Fishery
                                             Service (NMFS), National Oceanic and                                     Management Plan (FMP). The fishery

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



                                             Approved Measures                                                        the NFMA and 23,204 mt for the SFMA.                       Although the biological reference
                                             1. Establish Specifications for Fishing                                  The acceptable biological catch (ABC)                    points are unchanged, this action
                                             Years 2017–2019                                                          for each area, which equals the annual                   increases monkfish total allowable
                                                                                                                      catch limit (ACL), is 7,592 mt for the                   landings (TAL), or quotas, for the next
                                                This action retains the biological                                    NFMA and 12,316 mt for the SFMA.                         three fishing years (Table 2). The TALs
                                             reference points previously established                                  Additional background information on                     are derived after reducing an assumed
                                             in Framework 8 (79 FR 41919; July 8,
nlaroche on DSK30NT082PROD with RULES




                                                                                                                      these specifications is available in the                 amount of discards and a management
                                             2014). The overfishing limit (OFL) for
                                                                                                                      proposed rule (82 FR 21498; May 9,                       uncertainty buffer from the ABC.
                                             fishing years 2017–2019 (May 1, 2017
                                                                                                                      2017), and is not repeated here.
                                             through April 30, 2020) is 17,805 mt for




                                        VerDate Sep<11>2014        14:05 Jul 11, 2017        Jkt 241001      PO 00000       Frm 00023     Fmt 4700   Sfmt 4700   E:\FR\FM\12JYR1.SGM   12JYR1


                                             32146                    Federal Register / Vol. 82, No. 132 / Wednesday, July 12, 2017 / Rules and Regulations

                                                               TABLE 2—SPECIFICATION CHANGES IN FRAMEWORK ADJUSTMENT 10 FOR FISHING YEARS 2017–2019
                                                                                       Management uncertainty buffer                                     Discard rate                 Total allowable landings (TAL)
                                                                                                                                                                                                                               TAL change
                                                 Management area                                                                                                                         Previous           Revised               (%)
                                                                                        Previous (%)                Revised (%)                  Previous (%)         Revised (%)          (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



                                               Framework 10 updates the discard                                            uncertainty buffers are used as an offset                    exceeding the TALs and a more
                                             rates for both management areas using                                         between the ACL and TAL to prevent                           substantive management uncertainty
                                             operational assessment discard                                                the ACL from being exceeded. The                             buffer is no longer necessary.
                                             information from fishing years 2013–                                          approach used to calculate discards has
                                             2015 (Table 2). These changes slightly                                        performed well in the past; an adequate                      2. Monkfish DAS and Trip Limit
                                             increase the discard rate in both                                             amount of discards has been forecasted,                      Increases
                                             management areas, which in itself                                             reducing the likelihood of the ACL
                                                                                                                                                                                          This action approves trip limit
                                             would decrease the TAL.                                                       being exceeded. Further, as previously
                                               However, Framework 10 also reduces                                                                                                       increases in both management areas
                                                                                                                           explained, the TALs have been
                                             the management uncertainty buffers to 3                                       consistently underharvested in both                          (Table 3) as well as a DAS increase in
                                             percent (Table 2). The management                                             areas. As a result, there is little risk of                  the SFMA.

                                                                                                  TABLE 3—TRIP LIMIT CHANGES IN FRAMEWORK ADJUSTMENT 10 *
                                                                                                                                                                      NFMA                                           SFMA
                                                                                Permit category
                                                                                                                                                    Previous limit           Revised limit          Previous limit           Revised limit

                                             A ...............................................................................................                      No Changes                      610 lb (277 kg)          700 lb (318 kg)
                                             B ...............................................................................................                                                      500 lb (227 kg)          575 lb (261 kg)

                                             C ..............................................................................................        600 lb (272 kg)          900 lb (408 kg)       610 lb (277 kg)          700 lb (318 kg)
                                             D ..............................................................................................        500 lb (227 kg)          750 lb (340 kg)       500 lb (227 kg)          575 lb (261 kg)
                                                * Trip limit values are monkfish tail weights.


                                                In the NFMA, this action increases                                         opportunities and landings in the                            implemented due to uncertainties in the
                                             incidental landing limits for Category C                                      SFMA.                                                        fishery.
                                             and D vessels fishing on a groundfish                                                                                                         Response: Although the stock
                                                                                                                           Comments and Responses on Measures
                                             DAS. Vessels targeting groundfish land                                                                                                     assessment model was not used in the
                                                                                                                           Proposed in Framework 10
                                             most of the monkfish in the NFMA.                                                                                                          recent operational assessment update,
                                             Increasing the incidental trip limits for                                        We received four comments on the                          there is still plenty of scientific and
                                             vessels targeting groundfish may                                              proposed rule, two comments from                             catch data, which was recently reviewed
                                             increase monkfish landings. Increasing                                        members of the fishing industry and two                      in an operational assessment and
                                             the incidental trip limit also allows                                         comments from the general public. One                        endorsed by the Council’s Scientific and
                                             these vessels to retain additional                                            commenter suggested that the incidental                      Statistical Committee. This action
                                             monkfish that otherwise would have                                            landing limits for the open access                           incorporates the best scientific
                                             been discarded when fishing solely on                                         fishery be increased. One commenter                          information available. Furthermore, this
                                             a groundfish DAS under the previous                                           requested that the current management                        action retains scientific uncertainty
                                             (lower) trip limits. This measure                                             measures should remain unchanged.                            buffers between the OFL and ABCs and
                                             reduces the administrative burden for                                         Two comments argued that monkfish                            management uncertainty buffers
                                             most these vessels because they will no                                       need additional protections. We                              between the ACLs and TALs. These
                                             longer need to declare a monkfish DAS                                         consolidated responses to similar                            buffers are designed to specifically
                                             to retain a higher monkfish possession                                        comments and our responses are below.                        ensure that there is a low likelihood of
                                                                                                                                                                                        overfishing the monkfish stock. The
                                             limit.                                                                           Comment 1: One commenter stated
                                                                                                                                                                                        fishery remains in a healthy state and is
                                                In the SFMA, the DAS allocation and                                        that vessel trip limits for the open-
                                                                                                                                                                                        currently underharvested and
                                             trip limits will increase by 15 percent                                       access category vessels (permit Category
                                                                                                                                                                                        underutilized. We are approving this
                                             (Table 3). Monkfish permitted vessels                                         E) that catch an incidental limit of
                                                                                                                                                                                        action to increase harvests in an effort
                                             can fish in the SFMA for 37 DAS (an                                           monkfish should increase.
                                                                                                                                                                                        to better achieve optimum yield.
                                             increase of 5 DAS). The majority of                                              Response: This suggestion was not                            Comment 3: Two commenters argued
                                             monkfish landings in the SFMA come                                            considered by the Councils in this                           that more restrictive management
                                             from vessels directly targeting monkfish.                                     action, is not within the scope of this                      measures are necessary to protect
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                                             Vessels directing on monkfish in the                                          action, and would need to be proposed                        monkfish.
                                             SFMA are more restricted by DAS                                               in a future action. As a result, the                            Response: As explained in Comment
                                             allocations and trip limits than vessels                                      Category E possession limits remain                          2, the fishery remains in a healthy state
                                             fishing in the NFMA. Therefore, these                                         unchanged.                                                   and is currently underharvested and
                                             trip limit and DAS increases are                                                 Comment 2: One commenter                                  underutilized. The monkfish fishery is
                                             projected to generate more fishing                                            suggested that no changes be                                 not in a rebuilding plan, is not subject


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                                                               Federal Register / Vol. 82, No. 132 / Wednesday, July 12, 2017 / Rules and Regulations                                         32147

                                             to overfishing, and is not considered                       Furthermore, the fishing year started               § 648.94 Monkfish possession and landing
                                             overfished. Measures approved in this                    on May 1, 2017. Since much of the                      restrictions.
                                             action will further promote a                            fishing effort on monkfish occurs during               *       *    *     *    *
                                             sustainable fishery.                                     the months of May and June, any                           (b) * * *
                                                                                                      additional delay implementing these
                                             Classification                                                                                                     (2) Vessels fishing under the monkfish
                                                                                                      measures would further reduce the
                                                Pursuant to section 304(b)(1)(A) of the               positive economic impacts that are                     DAS program in the SFMA—(i) Category
                                             Magnuson-Stevens Act, the NMFS                           intended by these measures and                         A, C, and G vessels. A vessel issued a
                                             Assistant Administrator has determined                   frustrate fishermen.                                   limited access monkfish Category A, C,
                                             that the management measures                                This action was designed to increase                or G permit that fishes under a monkfish
                                             implemented in this final rule are                       fishing opportunities and catch. Any                   DAS in the SFMA may land up to 700
                                             necessary for the conservation and                       delay in implementing this action                      lb (318 kg) tail weight or 2,037 lb (924
                                             management of the Monkfish fishery                       reduces the ability for the fishery to                 kg) whole weight of monkfish per DAS
                                             and consistent with the Magnuson-                        harvest its optimum yield. For the                     (or any prorated combination of tail
                                             Stevens Act, and other applicable law.                   reasons explained above, this action is                weight and whole weight based on the
                                                This final rule has been determined to                                                                       conversion factor for tail weight to
                                                                                                      not subject to the 30-day delayed
                                             be not significant for purposes of                                                                              whole weight of 2.91). For every 1 lb
                                                                                                      effectiveness provision of the
                                             Executive Order (E.O.) 12866.                                                                                   (0.45 kg) of tail-only weight landed, the
                                                The Chief Counsel for Regulation of                   Administrative Procedures Act (APA).
                                                                                                                                                             vessel may land up to 1.91 lb (0.87 kg)
                                             the Department of Commerce certified                     List of Subjects in 50 CFR Part 648                    of monkfish heads only, as described in
                                             to the Chief Counsel for Advocacy of the                                                                        paragraph (a) of this section.
                                             Small Business Administration (SBA) at                     Fisheries, Fishing, Recordkeeping and
                                             the proposed rule stage that this action                 reporting requirements.                                   (ii) Category B, D, and H vessels. A
                                             would not have a significant economic                      Dated: July 6, 2017.                                 vessel issued a limited access monkfish
                                             effect on a substantial number of small                  Samuel D. Rauch III,                                   Category B, D, or H permit that fishes
                                             entities. The factual basis for the                                                                             under a monkfish DAS in the SFMA
                                                                                                      Deputy Assistant Administrator for
                                             certification was published in the                       Regulatory Programs, National Marine                   may land up to 575 lb (261 kg) tail
                                             proposed rule and is not repeated here.                  Fisheries Service.                                     weight or 1,673 lb (759 kg) whole
                                             No comments were received regarding                                                                             weight of monkfish per DAS (or any
                                             this certification, and the initial                        For the reasons set out in the                       prorated combination of tail weight and
                                             certification remains unchanged. As a                    preamble, 50 CFR part 648 is amended                   whole weight based on the conversion
                                             result, a final regulatory flexibility                   as follows:                                            factor for tail weight to whole weight of
                                             analysis is not required and none has                                                                           2.91). For every 1 lb (0.45 kg) of tail-
                                                                                                      PART 648—FISHERIES OF THE
                                             been prepared.                                                                                                  only weight landed, the vessel may land
                                                                                                      NORTHEASTERN UNITED STATES
                                                The Assistant Administrator for                                                                              up to 1.91 lb (0.87) of monkfish heads
                                             Fisheries finds good cause, under 5                                                                             only, as described in paragraph (a) of
                                                                                                      ■ 1. The authority citation for part 648
                                             U.S.C. 553(d)(3), to waive the 30-day                                                                           this section.
                                                                                                      continues to read as follows:
                                             delayed effectiveness of this action. As                                                                        *       *    *     *    *
                                             explained in the preamble, this rule                          Authority: 16 U.S.C. 1801 et seq.
                                             provides immediate benefits to the                                                                                 (3) Category C, D, F, G, and H vessels
                                                                                                      ■ 2. In § 648.92, revise paragraph                     fishing under the multispecies DAS
                                             fishing industry and does not require                    (b)(1)(ii) to read as follows:
                                             any new regulatory restrictions that                                                                            program—(i) NFMA. Unless otherwise
                                             would require fishermen to modify their                  § 648.92 Effort-control program for                    specified in paragraph (b)(1) of this
                                             fishing operations. Further delay of this                monkfish limited access vessels.                       section, a vessel issued a limited access
                                             action would reduce the positive                         *       *     *      *    *                            monkfish Category C permit that fishes
                                             economic impacts that are intended by                       (b) * * *                                           under a NE multispecies DAS, and not
                                             these measures, prevent regulatory                                                                              a monkfish DAS, exclusively in the
                                                                                                         (1) * * *
                                             discards from being reduced, require the                                                                        NFMA may land up to 900 lb (408 kg)
                                                                                                         (ii) DAS restrictions for vessels fishing           tail weight or 2,619 lb (1,188 kg) whole
                                             use of unnecessary effort controls (e.g.,
                                                                                                      in the SFMA. A vessel issued a limited                 weight of monkfish per DAS (or any
                                             DAS restrictions), retain unnecessary
                                                                                                      access monkfish permit may not use                     prorated combination of tail weight and
                                             administrative measures, and further
                                                                                                      more than 37 of its 46 monkfish DAS                    whole weight based on the conversion
                                             prevent the fishery from achieving
                                                                                                      allocation in the SFMA during each                     factor for tail weight to whole weight of
                                             optimum yield. This action increases
                                                                                                      fishing year. Each vessel issued a                     2.91). A vessel issued a limited access
                                             trip limits by 50 percent in the NFMA
                                                                                                      limited access monkfish permit fishing                 monkfish Category D permit that fishes
                                             and 15 percent SFMA and increases the
                                                                                                      in the SFMA must declare that it is                    under a NE multispecies DAS, and not
                                             DAS that can be fished in the SFMA by
                                                                                                      fishing in this area through the vessel                a monkfish DAS, exclusively in the
                                             15 percent. Increasing the trip limits
                                                                                                      call-in system or VMS prior to the start               NFMA may land up to 750 lb (340 kg)
                                             removes the need for many fishermen to
                                                                                                      of every trip. In addition, if a vessel
                                             use a DAS when fishing for monkfish,                                                                            tail weight or 2,183 lb (990 kg) whole
                                                                                                      does not possess a valid letter of
                                             reducing the administrative burden on                                                                           weight of monkfish per DAS (or any
                                                                                                      authorization from the Regional
                                             fishermen. This modification also                                                                               prorated combination of tail weight and
                                                                                                      Administrator to fish in the NFMA as
                                             provides additional fishing                                                                                     whole weight based on the conversion
                                                                                                      described in § 648.94(f), NMFS shall
                                             opportunities. Increasing the trip limit                                                                        factor for tail weight to whole weight of
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                                                                                                      presume that any monkfish DAS used
                                             and removing the need for fishermen to                                                                          2.91). A vessel issued a limited access
                                                                                                      were fished in the SFMA.
                                             utilize a DAS also reduces the risk of                                                                          monkfish Category C, D, or F permit
                                             fishermen discarding monkfish due to                     *       *     *      *    *                            participating in the NE Multispecies
                                             trip limit restrictions under a DAS.                     ■ 3. In § 648.94, revise paragraphs                    Regular B DAS program, as specified
                                             These changes represent substantial                      (b)(2)(i), (b)(2)(ii) and (b)(3)(i) to read as         under § 648.85(b)(6), is also subject to
                                             benefits to fishermen.                                   follows:                                               the incidental landing limit specified in


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                                             32148             Federal Register / Vol. 82, No. 132 / Wednesday, July 12, 2017 / Rules and Regulations

                                             paragraph (c)(1)(i) of this section on
                                             such trips.
                                             *    *      *    *      *
                                             [FR Doc. 2017–14562 Filed 7–11–17; 8:45 am]
                                             BILLING CODE 3510–22–P
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Document Created: 2017-07-12 03:00:19
Document Modified: 2017-07-12 03:00:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective July 12, 2017.
ContactWilliam Whitmore, Fishery Policy Analyst, (978) 281-9182.
FR Citation82 FR 32145 
RIN Number0648-BG48
CFR AssociatedFisheries; Fishing and Recordkeeping and Reporting Requirements

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