[Federal Register Volume 64, Number 30 (Tuesday, February 16, 1999)]
[Proposed Rules]
[Pages 7601-7617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3506]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 981223319-8319-01; I.D. 112598B]
RIN 0648-AJ44
Fisheries of the Northeastern United States; Northeast
Multispecies and Monkfish Fisheries; Monkfish Fishery Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes regulations to implement the Monkfish Fishery
Management Plan (FMP). The FMP proposes an overfishing definition and a
10-year rebuilding schedule to meet the requirements of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)
and implementation of the following measures: Target total allowable
catch levels (TACs) for each of two management areas; limited access;
effort limits through days-at-sea (DAS) allocations; trip limits and
incidental harvest allowances; minimum size and mesh limits; gear
restrictions; spawning season closures; a framework adjustment process;
permitting and reporting requirements; and other measures for
administration and enforcement. The intended effect of this rule is to
stop overfishing and rebuild the monkfish stock.
DATES: Comments on the proposed rule must be received on or before
March 26, 1999.
ADDRESSES: Comments should be sent to Jon C. Rittgers, Acting Regional
Administrator, NMFS, Northeast Regional Office, One Blackburn Drive,
Gloucester, MA 01930. Mark the outside of the envelope ``Comments on
Monkfish FMP.''
Comments regarding the collection-of-information requirements
contained in this proposed rule should be sent to the Acting Regional
Administrator and to the Office of Information and Regulatory Affairs,
Office of Management and Budget (OMB), Washington, DC 20503 (Attention:
NOAA Desk Officer).
Copies of the FMP, its Regulatory Impact Review (RIR) and the
Initial Regulatory Flexibility Analysis (IRFA) contained within the
RIR, and the Final Environmental Impact Statement (FEIS) are available
from Paul J. Howard, Executive Director, New England Fishery Management
Council (NEFMC), Suntaug Office Park, 5 Broadway (US Rte. 1), Saugus,
MA 01906-1036.
FOR FURTHER INFORMATION CONTACT: E. Martin Jaffe, Fishery Policy
Analyst, 978-281-9272.
SUPPLEMENTARY INFORMATION: In its report of March 1997, the 23rd
Northeast Regional Stock Assessment Workshop (23rd SAW) concluded that
monkfish is overfished. On September 30, 1997, NMFS submitted to the
New England and Mid-Atlantic Fishery Management Councils (Councils) the
Report on the Status of the Fisheries of the United States, prepared
pursuant to section 304 of the Magnuson-Stevens Act, as amended by the
Sustainable Fisheries Act (SFA) on October 11, 1996. This report
identified 76 overfished stocks, including monkfish, as well as 10
stocks that were approaching an overfished condition. Each Council was
notified that it is required to develop measures to end overfishing and
rebuild stocks that are overfished within its geographical area of
authority. The purpose of this proposed action is to initiate
management of monkfish (Lophius americanus) pursuant to the Magnuson-
Stevens Act.
Development of an FMP actually began in 1991, when the NEFMC and
the Mid-Atlantic Fishery Management Council (MAFMC) each requested
approval to develop a management plan for monkfish. The Administrator,
Northeast Region, NMFS (Regional Administrator), suggested that the
NEFMC and MAFMC convene a joint committee to evaluate prospects for
managing this fishery. That committee found that there were sufficient
reasons for concern, including the recent declines in survey indices,
the declining size of landed monkfish, the potential for shifts in
effort due to management restrictions on other species, evidence of an
expanding directed fishery, and a rapidly growing market for monkfish
tails and livers.
[[Page 7602]]
The Committee also suggested that the Councils jointly develop a
management plan for monkfish. Because joint management of a fishery by
two or more Fishery Management Councils is permitted only when the
entire fishery management plan is jointly prepared, monkfish management
measures could not be incorporated into an existing fishery management
plan prepared by only one Fishery Management Council. The NEFMC and
MAFMC worked together in developing management measures for monkfish
and were formally notified by NMFS of their joint responsibility on
February 3, 1998.
To achieve efficiency and to link monkfish to the similarly
prosecuted multispecies fishery as much as possible, monkfish
regulations are proposed to be incorporated in Part 648--Fisheries of
the Northeastern United States, Subpart F-Management Measures for the
Northeast Multispecies Fishery, and other appropriate sections.
The Councils, working jointly, adopted four management goals for
monkfish: (1) to end and prevent overfishing and to rebuild and
maintain a healthy spawning stock; (2) to optimize yield and maximize
economic benefits to the various fishing sectors; (3) to prevent
increased fishing on immature fish; and (4) to allow the traditional
incidental catch of monkfish to occur. The measures proposed to achieve
these goals are described later in this proposed rule.
Public hearings were held to receive comments on the proposed
management measures in early 1997 in Maine, New Hampshire,
Massachusetts, Rhode Island, New York, New Jersey, Maryland, Virginia,
and North Carolina. During these public hearings the public raised many
issues and NMFS identified additional ones, which resulted in revisions
including, among other things, an allocation limit of 40 DAS annually
for all qualifying vessels, more stringent qualification criteria for
multispecies vessels, and an advancement of the mortality reduction
schedule. Changes to the incidental catch allowances and to the gillnet
limits were also made.
A second round of public hearings to receive comments on the
revised management measures was held in early 1998. The major issues
identified by the public at these hearings were issues of equity
between qualifiers and non-qualifiers and between residents of various
states, of discards caused by the proposed trip limits and by the
proposed size limits, and of the complexity of the regulations and
enforcement burden. These final public hearings resulted in further
refinements to the measures, which are presented in this proposed rule.
The monkfish resource is overfished. The overfishing definition was
developed by the NEFMC based on a technical working group
recommendation. It is composed of the two reference points now required
under the Magnuson-Stevens Act for biomass and fishing mortality. The
overfishing definition for monkfish is based on a fishery-independent
survey database. According to the FMP, monkfish in the Northern and
Southern Fishery Management Areas (NFMA and SFMA)(defined at
Sec. 648.9(a) and (b)) are overfished when the 3-year moving average of
the survey weight per tow falls below the 33rd percentile of the period
1963-1994 for each area or when the fishing mortality rate in each area
exceeds the average rate for the period 1970-1979. The 3-year moving
average of survey weight per tow is the biomass component of the
overfishing definition, or biomass threshold. A comparison of the
current values (1.01 kg per tow in the NFMA and 0.41 kg per tow in the
SFMA) to the threshold values (2.29 kg per tow in the NFMA and 1.84 kg
per tow in the SFMA) indicates that the fishery is overfished. The
fishing mortality rate component also indicates that overfishing is
occurring. The estimates of fishing mortality rates of 0.15 in the NFMA
and 0.51 in the SFMA reported in the most recent stock assessment are
much greater than the average 1970-1979 fishing mortality rates of 0.05
and 0.14, respectively. Due to the limited scientific data regarding
the monkfish fishery, scientists consider this overfishing definition
to be somewhat risk-prone in a stock-declining situation. The
overfishing definition should be reviewed and improved, if necessary,
as new information becomes available. This could be accomplished
through a framework adjustment procedure contained in the FMP. As the
proposed management measures are severe, the Councils decided to
propose reductions in catch in the first 3 years as to minimize the
social and economic impacts on small entities. Still, the proposed
measures are expected to reduce the overall revenues of the monkfish
fishery in the first 3 years by approximately 50 to 54 percent.
Further, more severe measures would take place in Year 4. At that time
zero monkfish DAS would be allocated to monkfish limited access permit
holders, unless other action is taken by the Councils and implemented
by NMFS. The proposed rebuilding period is 10 years, based on
consideration of the status and biology of the stock and on the needs
of fishing communities, which are described in the FMP.
The biological, economic, and social impacts of these measures and
the cumulative impacts associated with other plans and regulations are
discussed in the FMP and FEIS.
To address overfishing and rebuild the stock, the rule would create
a permit moratorium on new entrants to the fishery after the control
date, which is February 27, 1995. It would require that vessels have a
limited access permit and fish during a monkfish DAS when targeting
monkfish or exceeding the monkfish incidental catch allowances that are
defined for other fisheries. The FMP also establishes an annual review
and framework adjustment process that would ensure that management
meets the mortality reduction and rebuilding targets. The proposed
management measures are necessary to halt overfishing, to rebuild stock
biomass to conditions that will produce maximum sustainable yield, and
to achieve optimum yield (OY).
Total Allowable Catch
Fishing mortality is above the overfishing threshold and must be
reduced to avoid continuing declines in stock biomass. The mortality
levels during a period of population stability (1970-1979) were 68 and
78 percent lower than 1990-1995 levels in the NFMA and SFMA,
respectively. Without accounting for improved size selectivity, the
total allowable landings would need to be reduced to 4,047 mt
(8,921,958 lb) and 3,252 mt (7,169,312 lb), respectively, to halt
overfishing. The proposed management measures would potentially improve
size selectivity, but the magnitude of these improvements is difficult
to quantify and depends on changes in fishing behavior. The Councils,
therefore, propose reductions and adjustments to the target TAC levels
as future conditions change. The FMP establishes a procedure for
setting annual target TAC levels for monkfish, with the exception of
target TACs for the fishing year beginning May 1, 1999, which would be
established by this rule. The target TACs would be based on the best
available scientific information and would provide a measure by which
to evaluate the effectiveness of the management program and to make
annual determinations on the need for adjustments to this program.
During the first fishing year beginning May 1, 1999, annual target TACs
of 5,673 mt (12,506,614 lb) and 6,024 mt (13,280,423 lb) in the NFMA
and the SFMA are proposed. A quantitative analysis of projected
harvests under the
[[Page 7603]]
limited access, DAS, and trip limit measures estimated that 7,968 mt
(17,566,138 lb) and 9,097 mt (20,055,115 lb) would be harvested in the
NFMA and SFMA, respectively, exceeding the proposed target TAC
specifications. The estimated effects of the preferred alternative,
however, do not take into account the impacts of other factors that
could not be quantified (e.g., changes in fishing strategies caused by
requiring multispecies and scallop vessels to take their monkfish DAS
simultaneously with multispecies and scallop DAS, size limits, and area
closures), which are intended to make up for the difference. Subsequent
target TAC reductions and other restrictions may be necessary to
achieve the rebuilding objectives of the FMP. The target TAC levels
would be set or adjusted so as to attain a fishing mortality rate of
0.07 in the NFMA and 0.26 in the SFMA for the 1999, 2000, and 2001
fishing years. Beginning with the 2002 fishing year, the target TACs
would be set so as to stop overfishing in 2002 and allow rebuilding to
the stock biomass targets from fishing years 2002 to 2009.
Qualification Criteria for Limited Access
Vessels would qualify for monkfish limited access based on a
vessel's, or a replaced vessel's, historic participation from February
28, 1991, to February 27, 1995 (the monkfish control date). This period
was selected because it encompasses the development of the directed
monkfish fishery and is sufficiently broad so that it is unlikely that
a vessel could not qualify due to unfortunate circumstances such as
equipment malfunction, extended maintenance, or illness. Any vessel
that targeted monkfish even on a seasonal basis would be likely to
qualify for limited access.
Subject to the restrictions defined in the proposed rule, all
vessels would qualify for a limited access monkfish permit if the
vessel landed 50,000 lb (22,680 kg) tail-weight or 166,000
lb (75,298 kg) whole-weight during the qualification period. Vessels
that do not have multispecies or scallop limited access permits and
qualify according to this criterion would receive a ``Category A''
monkfish limited access permit. Vessels that have a multispecies or
scallop limited access permit and qualify according to this criterion
would receive a ``Category C'' monkfish limited access permit. (Note:
The fisheries for Atlantic scallops and Northeast multispecies are
governed by 50 CFR part 648--Fisheries of the Northeastern United
States, Subparts D and F, respectively. The limited access fisheries
for scallops and Northeast multispecies are closed to new entrants.)
All vessels not qualifying for a Category A or C permit that are
less than 51 gross registered tons (GRT) and vessels of any size that
have a multispecies DAS permit would qualify for a limited access
monkfish permit if the vessel landed 7,500 lb (3,402 kg)
tail-weight or 24,900 lb (11,295 kg) whole-weight during the
qualification period. Vessels without a multispecies or scallop limited
access permit that qualify according to this criterion would receive a
``Category B'' monkfish limited access permit. Vessels with a
multispecies or scallop limited access permit that qualify according to
this criterion would receive a ``Category D'' monkfish limited access
permit. (See Table 2.)
Permitting and Reporting Requirements
Vessels that catch monkfish would need to have either a limited
access monkfish permit (category A, B, C, or D) or a monkfish
incidental catch permit to fish for, possess, retain or land monkfish.
(See Table 2.) Vessel owners would also be required to submit Vessel
Trip Reports. Vessels with a limited access monkfish permit would be
required to call in and out of the monkfish DAS program when they are
participating in the monkfish fishery. Dealers that land monkfish would
need to apply for a Dealers Permit and submit landings reports.
Allocations of Monkfish DAS
The DAS allocations for limited access monkfish permit holders are
shown in the following table. Forty (40) DAS would be allocated to
limited access permitted vessels on May 1, 1999 (Year 1), and at the
beginning of Years 2 and 3. In Year 4 monkfish DAS would be set to zero
(0), unless other action is taken by the Councils and implemented by
NMFS. (See Table 1.)
Table 1. Monkfish Fishing Year and Maximum Annual DAS Allocations
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Maximum Annual
Fishing year DAS allocation
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May 1, 1999-April 30, 2000 40
May 1, 2000-April 30, 2001 40
May 1, 2001-April 30, 2002 40
May 1, 2002-April 30, 2003 and subsequent fishing 0
years
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Any vessel could carry over a maximum of 10 unused monkfish DAS to
the following fishing year's allocation (including beyond May 1, 2002).
Unused monkfish DAS could not be carried over beyond the year following
the one in which they were unused.
While a multispecies and scallop vessel that qualifies for a
monkfish limited access permit (Categories C or D) would receive the
same number of monkfish DAS as allocated to other permit categories, up
to a maximum of 40 DAS, when such a vessel fishes under the monkfish
DAS program, the trip would also count against a multispecies or
scallop DAS, whichever is applicable. A combination vessel that holds
both a multispecies and a scallop permit could fish under a monkfish
DAS during either a multispecies or scallop DAS, provided that unused
multispecies or scallop DAS are available. Such a vessel must declare
whether to count DAS against the multispecies or scallop DAS at the
time it calls into the monkfish DAS program. (See Table 2.)
[[Page 7604]]
Table 2--Monkfish permit categories, qualification criteria for permit categories, and DAS allocations for
vessels on a monkfish DAS.
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Qualification Criteria1 for Permit Categories
Permit Category (landed weight expressed in pounds) DAS Allocation2
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A Category A: Vessels which do not possess a Category A: 40 DAS
multispecies or scallop limited access permit
must have landed > 50,000 lb tail-weight or
166,000 lb whole weight of monkfish during
the qualifying period.
B Category B: Vessels less than 51 GRT which do Category B: 40 DAS
not possess a multispecies or scallop limited
access permit and do not qualify for a
Category A Permit must have landed monkfish
>7,500 lb tail-weight or 24,900 lb whole
weight of monkfish during the qualifying
period.
C Category C: Vessels which possess a Category C: Up to 40 DAS and
multispecies or scallop limited access permit vessel must also be on a
must meet landing criteria as required for multispecies or scollop DAS
Permit Category A.
D Category D: Vessels which possess a Category D: Up to 40 DAS and
multispecies limited access permit and vessel must also be on a
vessels less than 51 GRT which possess a multispecies or scallop DAS
scallop limited access permit that do not
qualify for a Category C Permit must meet
landing criteria as required for Permit
Category B.
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1 Vessel must have landed monkfish during qualifying period, i.e., February 28, 1991, through February 27, 1995,
in the amounts indicated.
2 DAS allocations indicated are for fishing years 1999, 2000, and 2001. For fishing years 2002 and thereafter,
monkfish DAS would be set to zero (0), unless other action is taken by the NEFMC and MAFMC and implemented by
NMFS.
Trip Limits During a Monkfish DAS
No monkfish trip limits would apply to vessels fishing during a
monkfish DAS prior to May 1, 2000. If, based on landings, projected
landings, and other available data, the Regional Administrator
determines that the SFMA monkfish catch (for the period May 1, 1999 -
April 30, 2000) is less than or equal to the Year 1 SFMA target TAC, a
notification would be published in the Federal Register specifying that
no monkfish trip limit applies to a vessel that is fishing under a
monkfish DAS in the SFMA. Otherwise, the following trip limits would
apply in the SFMA beginning May 1, 2000, depending on the type of
monkfish permit the vessel holds and the type of gear the vessel uses:
(1) Category A and C vessels using mobile gear during a monkfish DAS
would have a 1,500 lb (680 kg) tail-weight or 4,980 lb (2,259 kg) whole
weight per DAS landing limit; (2) Category B and D vessels using mobile
gear during a monkfish DAS would have a 1,000 lb (454 kg) tail-weight
or 3,320 lb (1,506 kg) whole weight per DAS landing limit; and (3) any
vessel using fixed gear during a monkfish DAS would have a 300 lb (136
kg) tail-weight or 996 lb (452 kg) whole weight per DAS landing limit.
Incidental Catch for Vessels Not on a Monkfish DAS
Beginning May 1, 1999 (or the date the final rule implementing the
FMP is effective), the following measures would apply:
1. Vessels lawfully using large mesh (5\1/2\-inch (14-cm) diamond
or 6-inch (15.3-cm)) square mesh throughout the body, extension, and
codend) while not on a monkfish, multispecies, or scallop DAS could
retain and land whole monkfish up to 5 percent of the total weight of
fish on board (or any prorated combination of tail-weight and whole
weight percentage based on the conversion factor in Sec. 648.94 of
subpart F--Management Measures for the Northeast Multispecies and
Monkfish Fisheries).
2. Vessels that are not under any DAS and fishing with small mesh,
rod and reel, or handlines could land up to 50 lb (23 kg) tail-weight
or 166 lb (75 kg) whole weight per trip. Small mesh is considered to be
any mesh smaller than the large mesh described in paragraph 1.
Multispecies vessels that are 30 ft (9.1 m) and elect not
to fish under the multispecies DAS program could also land up to 50 lb
(23 kg) tail-weight or 166 lb (75 kg) whole weight of monkfish per
trip.
3. Multispecies vessels with a monkfish incidental catch permit
fishing in the NFMA could land up to 300 lb (136 kg) tail-weight or 996
lb (452 kg) whole weight of monkfish per multispecies DAS, or 25
percent of total weight of fish on board, whichever is less. If the
vessel fishes for any portion of the trip in the SFMA, the vessel could
land up to 50 lb (23 kg) tail-weight or 166 lb (75 kg) whole weight of
monkfish per multispecies DAS.
Prior to May 1, 2002
1. Vessels with a multispecies permit and a Category C or D limited
access monkfish permit - A multispecies vessel that fishes only in the
NFMA would have no trip limit when it is on a multispecies DAS. If the
vessel fishes for any portion of the trip in the SFMA during a
multispecies DAS, it could land up to 300 lb (136 kg) tail-weight or
996 lb (452 kg) whole weight of monkfish per multispecies DAS while
using mobile gear or 50 lb (23 kg) tail-weight or 166 lb (75 kg) whole
weight of monkfish per multispecies DAS while using fixed gear.
2. Vessels with a sea scallop and a Category C or D limited access
monkfish permit - A vessel that has a scallop dredge on board or is on
a scallop DAS could land up to 300 lb (136 kg) tail-weight or 996 lb
(452 kg) whole weight of monkfish per scallop DAS.
3. Sea scallop vessels with a monkfish incidental catch permit -
These vessels would be able to land up to 300 lb (136 kg) tail-weight
or 996 lb (452 kg) whole weight of monkfish per DAS when on a scallop
DAS.
After April 30, 2002
1. Vessels with a multispecies and a Category C or D limited access
monkfish permit - Multispecies vessels would be able to land up to 300
lb (136 kg) tail-weight or 996 lb (452 kg) whole weight
[[Page 7605]]
of monkfish per multispecies DAS, or 25 percent of total weight of fish
on board, whichever is less. Trip limits for vessels using fixed gear
in the SFMA would remain at 50 lb (23 kg) tail-weight or 166 lb (75 kg)
whole weight of monkfish per multispecies DAS.
2. Vessels with a sea scallop and a Category C or D limited access
monkfish permit - Vessels that have a scallop dredge on board or are on
a scallop DAS could land up to 200 lb (91 kg) tail-weight or 664 lb
(301 kg) whole weight of monkfish per scallop DAS.
3. Sea scallop vessels with a monkfish incidental catch permit -
These vessels would be able to land up to 200 lb (91 kg) tail-weight or
664 lb (301 kg) whole weight of monkfish per scallop DAS.
Minimum Size Limits
At FMP implementation, possession or landing of monkfish tails
measuring less than 11 inches (27.9 cm) in length or whole monkfish
less than 17 inches (43.2 cm) total length by any vessel that has a
Federal fisheries permit or any vessel fishing in the exclusive
economic zone would be prohibited.
Beginning on May 1, 2000, in Year 2 of the FMP, the minimum size
limit for vessels fishing or landing in the SFMA, only, would be 21
inches (53.3 cm) total length or 14 inches (35.6 cm) tail length. If,
based on landings, projected landings, and other available data, the
Regional Administrator determines that the SFMA monkfish catch for the
period May 1, 1999 through April 30, 2000, is less than or equal to the
Year 1 SFMA target TAC, a notification would be published in the
Federal Register specifying the SFMA size limit at 17 inches (43.2 cm)
total length or 11 inches (27.9 cm) tail length.
Gillnet Limits
A vessel issued a monkfish limited access permit or fishing under a
monkfish DAS would be able to fish with, haul, possess, or deploy up to
160 gillnets. A vessel issued a multispecies limited access permit and
a limited access monkfish permit or fishing under a monkfish DAS could
fish any combination of monkfish, roundfish, and flatfish gillnets, up
to 160 nets total, provided that the number of monkfish, roundfish, and
flatfish gillnets was consistent with the limitations of
Sec. 648.82(k)(1)(i) and that the nets were tagged in accordance with
the regulations, as specified in Sec. 648.82. Nets could not be longer
than 300 ft (91.44 m), or 50 fathoms, in length. Beginning May 1, 1999,
all monkfish gillnets fished, hauled, possessed, or deployed by a
vessel fishing for monkfish under a monkfish DAS would be allowed one
tag per net, with one tag secured to every other bridle of every net
within a string of nets. Tags would be obtained as described in
Sec. 648.4.
Time out of the Fishery
Vessels with Category A or B permits (i.e., ``monkfish-only'')
would be required to declare out of the monkfish fishery and could not
use a monkfish DAS for a continuous 20-day block during the months of
April, May, and June. Such vessels could engage in other fisheries in
which they may legally participate, but they could not possess any
monkfish during this 20-day block. Specified periods to protect
groundfish spawning (when multispecies vessels are required to declare
out of the fishery) would also apply to multispecies DAS used when
targeting monkfish. Multispecies DAS vessels that declare out of the
multispecies fishery for any reason, including the fulfillment of their
20-day out periods, would be prohibited from possessing monkfish.
Vessels that target species other than groundfish and monkfish would,
however, be allowed to participate in exempted fisheries during the
mandatory groundfish tie-up periods. Multispecies vessels with a
category C or D monkfish permit would not be required to comply with
the time-out requirements described here for monkfish-only vessels.
Framework Adjustment Process
Many management measures in the FMP would be adjustable by
framework action. The effectiveness of the management program depends
on uncertain factors that may change over time. Achieving the FMP's
mortality objectives may require at least annual adjustments to the
management measures. It is, therefore, necessary to have an
administrative mechanism in place that fulfills the Councils' public
input and notification requirements while maximizing flexibility and
responsiveness.
The framework adjustment process would allow changes to be made in
the regulations in a timely manner without going through the plan
amendment process. It would provide a formal opportunity for public
comment that substitutes for the customary public comment period
provided by publishing a proposed rule. If changes to the management
measures were contemplated in the FMP and there were sufficient
opportunity for public comment on the framework action, NMFS could
bypass the proposed rule stage and publish a final rule in the Federal
Register.
The framework adjustment process would include annual reviews by a
Monkfish Monitoring Committee (MMC), which would evaluate the
effectiveness of the FMP to meet the fishing mortality and rebuilding
targets. The MMC would develop management options for consideration and
approval by the Councils and the Councils would be required to submit a
recommendation to the Regional Administrator by February 7 of each year
to implement the adjustment at the beginning of the fishing year. The
Regional Administrator could select measures recommended by the MMC
that had not been rejected by both Councils if the Councils failed to
submit a recommendation. Adjustable management measures would include:
(1) target TACs, (2) Overfishing Definition reference points, (3)
closed seasons or closed areas, (4) minimum size limits, (5) liver to
monkfish landings ratios, (6) annual monkfish DAS allocations and
monitoring, (7) trip or possession limits, (8) blocks of time out of
the fishery, (9) gear restrictions, (10) transferability of permits and
permit rights, and (11) other frameworkable measures in 50 CFR 648.90
and 50 CFR 648.55.
Two Management Areas
The FMP proposes two management areas, separated by a line that
roughly runs along Georges Bank from Cape Cod, MA to the Hague Line.
This line and the rationale for two management areas are explained in
greater detail in the FMP. Although tagging and DNA component analysis
would provide definitive information about stock separation, monkfish
in the northern and southern areas display different growth,
maturation, and recruitment characteristics. Scientists believe that
monkfish migration between areas is low. These areas are essential
because of the predominance of different fisheries that occur in each
and to evaluate the FMP's effectiveness in meeting separate mortality
reduction targets.
Restrictions on Liver Landings to Prevent High-grading
Landings of monkfish livers would be restricted to 25 percent of
the total weight of monkfish tails or 10 percent of the weight of whole
monkfish, whichever is applicable. This measure is proposed to prevent
high-grading of the more valuable livers while vessels comply with the
monkfish trip and size limits.
A ``Running Clock'' Procedure
The ``running clock'' provision would allow vessels called into the
monkfish
[[Page 7606]]
DAS program to avoid discarding fish if their trips are unexpectedly
cut short or they have an unexpectedly high catch at the end of a trip.
Vessels would be able to call in a ``hail weight'' to let the monkfish
DAS clock run to account for the overage. This measure would begin on
May 1, 2000, when the directed fishery trip limits are implemented.
Minimum Mesh and Gear Restrictions
Vessels that fish while they are called into the monkfish DAS
program would be required to use large mesh, unless the vessel is also
fishing during a multispecies DAS. When called into the monkfish (but
not the multispecies) DAS program, large mesh is defined as 10-inches
(25.4-cm) square or 12-inches (30.5-cm) diamond for trawls and 12-
inches (30.5-cm) diamond for gillnets. This mesh requirement is
proposed to reduce the bycatch of groundfish and other species while a
vessel is on a monkfish DAS. Vessels that have a category C or D permit
and a limited access sea scallop permit would not be able to use a
dredge during a monkfish DAS, as most monkfish caught with a scallop
dredge are less than the proposed minimum size limit for monkfish.
Measures of Concern
The FMP would establish some measures that differ between two
fishery management areas (the NFMA and the SFMA), a factor which
contributes to the complexity of the proposed regulations. Although
public comments are sought for all measures, NMFS is particularly
interested in public comment on the following measures to determine
their approvability:
The first measure is the ``running clock'' for vessels fishing
under a Monkfish DAS that would allow vessels called into the monkfish
DAS program to avoid discarding fish if their trips are unexpectedly
cut short or if they have an unexpectedly high catch at the end of a
trip. This measure would begin on May 1, 2000, when the directed
fishery trip limits are implemented, at which time vessels would be
able to call in a ``hail weight'' to let the monkfish DAS clock run to
account for the overage. This measure would be both an administrative
and enforcement burden and, although it may reduce discards somewhat,
it is not expected to provide significant conservation value. In fact,
it could encourage vessels to target monkfish. It would also conflict
with the running clock for GOM cod if both cod and monkfish are caught
on the same trip.
A second measure concerns the allowable monkfish trip limits for
vessels fishing during a multispecies DAS after April 30, 2002. Such
vessels with a Category C or D monkfish permit would be allowed 300 lb
(136 kg) tail-weight or 996 lb (452 kg) whole weight of monkfish per
multispecies DAS, or 25 percent of total weight of fish on board,
whichever is less. The 25 percent of total weight of fish-on-board
option could be burdensome and time consuming because it would require
an enforcement agent to stand by and observe a trip off-loading to
determine compliance. NMFS is concerned that this could be an
inefficient use of limited enforcement resources and could compromise
the ability to monitor and enforce allowable monkfish landings.
A third measure pertains to vessels without a limited access
monkfish permit when under a multispecies DAS in the NFMA beginning May
1, 1999, or with the date the final rule implementing the FMP is
effective, whichever comes first. Such vessels would also be allowed
300 lb (136 kg) tail-weight or 996 lb (452 kg) whole weight of monkfish
per multispecies DAS, or 25 percent of total weight of fish on board,
whichever is less. Again, the 25 percent of total weight of fish-on-
board option could compromise the ability to monitor and enforce
allowable monkfish landings.
Classification
At this time, NMFS has not determined whether the FMP that this
rule would implement is consistent with the national standards of the
Magnuson-Stevens Act and other applicable law. NMFS, in making that
determination, will take into account the data, views, and comments
received during the comment period.
This action has been determined to be significant for the purposes
of E.O. 12866.
The Councils prepared an FEIS for the FMP describing the possible
impacts on the environment as a result of this rule. This FMP is
expected to have a significant impact on the human environment. A
notice of availability for the Final Environmental Impact Statement was
published on January 15, 1999 (64 FR 2639). A copy of the FEIS may be
obtained from NEFMC (see ADDRESSES).
Adverse impacts on marine mammals resulting from fishing activities
conducted under this rule are discussed in the FSEIS.
In compliance with the Regulatory Flexibility Act, the Council has
prepared an IRFA as part of the RIR contained in the FMP that concludes
that this proposed rule would have significant economic impacts on a
substantial number of small entities. The measures proposed are
restrictive, and impacts on the industry are expected to be
significant. In the early years of the program, some vessels may be
unable to cover their costs in part because of these restrictions and
because of the poor condition of the stocks. Such vessels are expected
to leave the fishery. Relative to the status quo, however, this
proposal produces positive significant effects on a substantial number
of small entities after stock abundance of monkfish recovers. The
majority of the vessels in the monkfish fishery are considered small
entities and, therefore, all alternatives and measures intended to
mitigate adverse impacts on the fishing industry necessarily mitigate
adverse impacts on small entities.
The proposed action would reduce the overall revenues of the
monkfish fishery by approximately 50 to 54 percent in the first 3 years
of the program compared to the status quo. Further reductions in catch
are necessary in Year 4 to stop overfishing and allow rebuilding. The
proposed action would reduce overall revenues by 69 percent compared to
the status quo.
The impact of the proposed action would not be uniform for all
vessels or all sectors. Instead, the action would have different
effects on different gear groups, with vessels using gillnets and
vessels fishing in the Mid-Atlantic being relatively more affected than
other vessels. Due to the requirement and desirability to minimize
regulatory discards, the catch reduction for vessels that would qualify
for a limited access monkfish permit are more severe than for vessels
that target other species and land their monkfish incidental catch.
Fishery sectors that rely more heavily on monkfish would, therefore,
experience greater effects than other groups.
The negative effects of the non-selected alternatives would be
greater than those of the proposed measures. Projected revenues from
fishing would be positive beginning in the year 2009, which would
create demand for other goods and services in the area and lead to
increased production and employment. The overall impacts would be
positive. The proposed action is expected to increase net present value
of gross revenues by $20 million over 20 years. Including the estimated
cost savings is expected to produce an increase in net benefits to the
nation of $38 million over a 20-year period. The recreational sector is
not expected to be negatively impacted by this action.
[[Page 7607]]
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act unless that collection of information
displays a currently valid OMB control number.
This proposed rule contains 19 new collection-of-information
requirements subject to the Paperwork Reduction Act and have been
submitted to OMB for approval. The public reporting burden for these
collection-of-information requirements are indicated in the parentheses
in the following statements and include the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Public comment is sought regarding: whether
this proposed collection of information is necessary for the proper
performance of the functions of the agency, including whether the
information shall have practical utility; the accuracy of the burden
estimate; ways to enhance the quality, utility, and clarity of the
information to be collected; and ways to minimize the burden of the
collection of information, including through the use of automated
collection techniques or other forms of information technology. Send
comments regarding these reporting burden estimates or any other aspect
of the collection of information, including suggestions for reducing
the burden, to NMFS and OMB (see ADDRESSES).
The new requirements are:
Limited access monkfish permits, including four new permit
categories (30 minutes/response). In subsequent years, permit renewal
(15 minutes/response). Some applicants need to provide documentation of
eligibility (1 hour/response)
Monkfish incidental catch permits (30 minutes/response). In
subsequent years, permit renewal (15 minutes/response).
Permit appeals (180 minutes/response).
Vessel replacement (180 minutes/response).
Vessel upgrade (180 minutes/response).
Retention of vessel history (30 minutes/response).
Operator permit (60 minutes/response).
Dealer permit (5 minutes/response).
Dealer landing report (5 minutes/response(trip)).
Dealer employment report (2 minutes/response).
Gillnet designations-declaration into the gillnet fishing category
(10 minutes/response).
Call-in, call-out (DAS reporting) (2 minutes/response).
Area declaration for identifying compliance with the differential
size limit beginning May 1, 2000 (3 minutes/ response).
Notification of transiting (1 minute/response if made with hail, 3
minutes/response if separate call).
Vessel trip reports (5 minutes/response).
Hail weight reports (3 minutes/response).
Net tagging requirements (1 minute to attach 1 tag, 2 minutes to
notify of lost tags and request replacement).
Good Samaritan credits (30 minutes/response).
Declarations of blocks of time out of the fishery (3 minutes/
response).
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: February 8, 1999.
Gary C. Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.1, the first sentence of paragraph (a) is revised to
read as follows:
Sec. 648.1 Purpose and scope.
(a) This part implements the fishery management plans (FMPs) for
the Atlantic mackerel, squid, and butterfish fisheries (Atlantic
Mackerel, Squid, and Butterfish FMP); Atlantic salmon (Atlantic Salmon
FMP); the Atlantic sea scallop fishery (Atlantic Sea Scallop FMP); the
Atlantic surf clam and ocean quahog fisheries (Atlantic Surf Clam and
Ocean Quahog FMP); the Northeast multispecies and monkfish fisheries
((NE Multispecies FMP) and (Monkfish FMP)); the summer flounder, scup,
and black sea bass fisheries (Summer Flounder, Scup, and Black Sea Bass
FMP); and the Atlantic bluefish fishery (Atlantic Bluefish FMP). * * *
* * * * *
3. In Sec. 648.2, the definition for ``Out of the multispecies
fishery or DAS program''is removed, and the definitions ``Day(s)-at-Sea
(DAS)'', ``Fishing year'', ``Monkfish'', ``Prior to leaving port'',
``Sink gillnet or bottom-tending gillnet'', ``Tied up to the dock'',
``Upon returning to port'', and ``Vessel Monitoring System'' are
revised, and the definitions for ``Councils'', ``Monkfish gillnets'',
``Monkfish Monitoring Committee'', ``Out of the monkfish fishery'' and
``Out of the multispecies fishery'' are added alphabetically to read as
follows:
Sec. 648.2 Definitions.
* * * * *
Councils, with respect to the monkfish fishery, means the New
England Fishery Management Council (NEFMC) and the Mid-Atlantic Fishery
Management Council (MAFMC).
* * * * *
Day(s)-at-Sea (DAS), with respect to the NE multispecies and
monkfish fisheries, and Atlantic sea scallop fishery, except as
described in Sec. 648.82(k)(1)(iv), means the 24-hour period of time or
any part thereof during which a fishing vessel is absent from port to
fish for, possess, or land, or fishes for, possesses, or lands,
regulated species, monkfish, or scallops.
* * * * *
Fishing year means: (1) For the Atlantic sea scallop fishery, from
March 1 through the last day of February of the following year.
(2) For the NE multispecies and monkfish fisheries, from May 1
through April 30 of the following year.
(3) For all other fisheries in this part, from January 1 through
December 31.
* * * * *
Monkfish, also known as anglerfish or goosefish, means Lophius
americanus.
Monkfish gillnets means gillnet gear with mesh size no smaller than
10-inches (25.4 cm) diamond that is designed and used to fish for and
catch monkfish while fishing under a monkfish DAS.
Monkfish Monitoring Committee means a team of scientific and
technical staff appointed by the NEFMC and MAFMC to review, analyze,
and recommend adjustments to the management measures. The team consists
of staff from the NEFMC and the MAFMC, NMFS Northeast Regional Office,
NEFSC, the USCG, two fishing industry representatives selected by their
respective Council chairman (one from each management area with at
least one of the two representing either the Atlantic sea scallop or
northeast multispecies fishery), and staff from affected coastal
states, appointed by the Atlantic States Marine Fisheries
[[Page 7608]]
Commission. The Chair will be elected by the Committee from within its
ranks, subject to the approval of the chairmen of the NEFMC and MAFMC.
* * * * *
Out of the monkfish fishery means the period of time during which a
vessel is not fishing for monkfish under the monkfish DAS program.
Out of the multispecies fishery means the period of time during
which a vessel is not fishing for regulated species under the NE
multispecies DAS program.
* * * * *
Prior to leaving port, with respect to the call-in notification
system for the Atlantic sea scallop, NE multispecies, and monkfish
fisheries, means prior to the last dock or mooring in port from which a
vessel departs to engage in fishing, including the transport of fish to
another port.
* * * * *
Sink gillnet or bottom-tending gillnet means any gillnet, anchored
or otherwise, that is designed to be, or is fished on or near, the
bottom in the lower third of the water column.
* * * * *
Tied up to the dock or tying up at a dock means tied up at a dock,
on a mooring, or elsewhere in a harbor.
* * * * *
Upon returning to port, for purposes of the call-in notification
system for the NE multispecies and monkfish fisheries, means upon first
tying up at a dock at the end of a fishing trip.
* * * * *
Vessel Monitoring System (VMS) means a vessel monitoring system or
VMS unit as set forth in Sec. 648.9 and approved by NMFS for use by
Atlantic sea scallop, NE multispecies, and monkfish vessels, as
required by this part.
* * * * *
4. In Sec. 648.4, paragraph (a)(9) is added to read as follows:
Sec. 648.4 Vessel and individual commercial permits.
(a) * * *
(9) Monkfish vessels. Any vessel of the United States, including a
charter or party boat, must have been issued and have on board a valid
monkfish permit to fish for, possess, or land any monkfish in or from
the EEZ.
(i) Limited access monkfish permits (effective May 1, 1999)--(A)
Eligibility. A vessel is eligible to qualify for a limited access
monkfish permit if it meets any of the following limited access
monkfish permits criteria:
(1) Category A permit (vessels without multispecies or scallop
limited access permits). The vessel must have landed 50,000
lb (22,680 kg) tail-weight or 166,000 lb (75,297.6 kg) whole weight of
monkfish between February 28, 1991, and February 27, 1995;
(2) Category B permit (vessels less than 51 gross registered
tonnage (GRT) without multispecies or scallop limited access permits
that do not qualify for a Category A permit). The vessel must have
landed 7,500 lb (3,402 kg) tail-weight or 24,900 lb
(11,294.6 kg) whole weight of monkfish between February 28, 1991, and
February 27, 1995;
(3) Category C permit (vessels with multispecies or scallop limited
access permits). The vessel must have landed 50,000 lb
(22,680 kg) tail-weight or 166,000 lb (75,297.6 kg) whole weight of
monkfish between February 28, 1991, and February 27, 1995; or
(4) Category D permit (all vessels with multispecies limited access
permits and vessels less than 51 GRT with scallop limited access
permits that do not qualify for a Category C permit). The vessel must
have landed 7,500 lb (3,402 kg) tail-weight or 24,900 lb
(11,294.6 kg) whole weight of monkfish between February 28, 1991, and
February 27, 1995.
(B) Application/renewal restrictions. See paragraph (a)(1)(i)(B) of
this section.
(C) Qualification restrictions. (1) See paragraph (a)(1)(i)(C) of
this section.
(2) Vessels under agreement for construction or under
reconstruction. A vessel is eligible to qualify for a limited access
monkfish permit if the vessel was under written agreement for
construction or reconstruction between February 28, 1994, and February
27, 1995, and such vessel meets any of the qualification criteria
regarding amount of landings as stated in paragraph (a)(9)(i)(A) of
this section between February 28, 1991, and February 27, 1996.
(D) Change in ownership. (1) See paragraph (a)(1)(i)(D) of this
section.
(2) A vessel may be eligible to qualify for a limited access
monkfish permit if it was under written agreement for purchase as of
February 27, 1995, and meets any of the qualification criteria
regarding amount of landings as stated in paragraph (a)(9)(i)(A) of
this section between February 28, 1991, and February 27, 1996.
(E) Replacement vessels. (1) See paragraph (a)(1)(i)(E) of this
section.
(2) A vessel 51 GRT that lawfully replaced a vessel <51 grt="" between="" february="" 27,="" 1995,="" and="" [insert="" the="" date="" of="" publication="" of="" the="" final="" rule]="" that="" meets="" the="" qualification="" criteria="" set="" forth="" in="" paragraph="" (a)(9)(i)(a)="" of="" this="" section,="" but="" exceeds="" the="" 51="" grt="" vessel="" size="" qualification="" criteria="" as="" stated="" in="" paragraph="" (a)(9)(i)(a)(2)="" or="" (4)="" of="" this="" section,="" may="" qualify="" and="" fish="" under="" the="" permit="" category="" for="" which="" the="" replaced="" vessel="" qualified.="" (3)="" a="" vessel="" that="" replaced="" a="" vessel="" that="" fished="" for="" and="" landed="" monkfish="" between="" february="" 28,="" 1991,="" and="" february="" 27,="" 1995,="" may="" use="" the="" replaced="" vessel's="" history="" in="" lieu="" of="" or="" in="" addition="" to="" such="" vessel's="" fishing="" history="" to="" meet="" the="" qualification="" criteria="" set="" forth="" in="" paragraph="" (a)(9)(i)(a)(1),="" (2),="" (3),="" or="" (4)="" of="" this="" section,="" unless="" the="" owner="" of="" the="" replaced="" vessel="" retained="" the="" vessel's="" permit="" or="" fishing="" history,="" or="" such="" vessel="" no="" longer="" exists="" and="" was="" replaced="" by="" another="" vessel="" according="" to="" the="" provisions="" in="" paragraph="" (a)(1)(i)(d)="" of="" this="" section.="" (f)="" upgraded="" vessel.="" (1)="" see="" paragraph="" (a)(1)(i)(f)="" of="" this="" section.="" (2)="" a="" vessel="">51 GRT that upgraded from a vessel size <51 grt="" between="" february="" 27,="" 1995,="" and="" [insert="" the="" date="" of="" publication="" of="" the="" final="" rule],="" that="" meets="" any="" of="" the="" qualification="" criteria="" set="" forth="" in="" paragraph="" (a)(9)(i)(a)="" of="" this="" section,="" but="" exceeds="" the="" 51="" grt="" vessel="" size="" qualification="" criteria="" as="" stated="" in="" paragraph="" (a)(9)(i)(a)(2)="" and="" (4)="" of="" this="" section,="" may="" qualify="" and="" fish="" under="" the="" original="" permit="" category.="" (g)="" consolidation="" restriction.="" see="" paragraph="" (a)(1)(i)(g)="" of="" this="" section.="" (h)="" vessel="" baseline="" specification.="" see="" paragraph="" (a)(3)(i)(h)="" of="" this="" section.="" (i)="" [reserved]="" (j)="" confirmation="" of="" permit="" history.="" see="" paragraph="" (a)(1)(i)(j)="" of="" this="" section.="" (k)="" abandonment="" or="" voluntary="" relinquishment="" of="" permits.="" see="" paragraph="" (a)(1)(i)(k)="" of="" this="" section.="" (l)="" restriction="" on="" permit="" splitting.="" a="" limited="" access="" monkfish="" permit="" may="" not="" be="" issued="" to="" a="" vessel="" or="" to="" its="" replacement,="" or="" remain="" valid,="" if="" the="" vessel's="" permit="" or="" fishing="" history="" has="" been="" used="" to="" qualify="" another="" vessel="" for="" another="" federal="" fishery.="" (m)="" notification="" of="" eligibility="" for="" 1999.="" (1)="" nmfs="" will="" attempt="" to="" notify="" all="" owners="" of="" vessels="" for="" which="" nmfs="" has="" credible="" evidence="" available="" that="" they="" meet="" the="" qualification="" criteria="" described="" in="" paragraph="" (a)(9)(i)(a)(1),="" (2),="" (3),="" or="" (4)="" of="" this="" section="" that="" they="" qualify="" for="" a="" limited="" access="" monkfish="" permit.="" vessel="" owners="" must="" still="" apply="" within="" 12="" months="" of="" the="" effective="" date="" of="" these="" regulations="" to="" complete="" the="" qualification="" requirements.="" (2)="" if="" a="" vessel="" owner="" has="" not="" been="" notified="" that="" the="" vessel="" is="" eligible="" to="" be="" issued="" a="" limited="" access="" monkfish="" permit,="" and="" the="" vessel="" owner="" believes="" that="" there="" is="" credible="" evidence="" that="" the="" vessel="" does="" qualify="" under="" the="" pertinent="" criteria,="" the="" vessel="" owner="" may="" apply="" for="" a="" limited="" access="" monkfish="" permit="" within="" [[page="" 7609]]="" 12="" months="" of="" the="" effective="" date="" of="" these="" regulations="" by="" submitting="" evidence="" that="" the="" vessel="" meets="" the="" requirements="" described="" in="" paragraph="" (a)(9)(i)(a)(1),="" (2),="" (3),="" or="" (4)="" of="" this="" section.="" in="" the="" event="" the="" application="" is="" denied,="" the="" applicant="" may="" appeal="" in="" accordance="" with="" requirements="" specified="" in="" paragraph="" (a)(9)(i)(j)="" of="" this="" section.="" (n)="" appeal="" of="" denial="" of="" permit.="" (1)="" any="" applicant="" denied="" a="" limited="" access="" monkfish="" permit="" may="" appeal="" to="" the="" regional="" administrator="" within="" 30="" days="" of="" the="" notice="" of="" denial.="" any="" such="" appeal="" shall="" be="" in="" writing.="" the="" only="" ground="" for="" appeal="" is="" that="" the="" regional="" administrator="" erred="" in="" concluding="" that="" the="" vessel="" did="" not="" meet="" the="" criteria="" in="" paragraph="" (a)(9)(i)(a)(1),="" (2),="" (3),="" or="" (4)="" of="" this="" section.="" the="" appeal="" shall="" set="" forth="" the="" basis="" for="" the="" applicant's="" belief="" that="" the="" regional="" administrator's="" decision="" was="" made="" in="" error.="" (2)="" the="" appeal="" may="" be="" presented,="" at="" the="" option="" of="" the="" applicant,="" at="" a="" hearing="" before="" an="" officer="" appointed="" by="" the="" regional="" administrator.="" the="" hearing="" officer="" shall="" make="" a="" recommendation="" to="" the="" regional="" administrator.="" the="" regional="" administrator's="" decision="" on="" the="" appeal="" is="" the="" final="" decision="" of="" the="" department="" of="" commerce.="" (3)="" status="" of="" vessels="" pending="" appeal.="" (i)="" a="" vessel="" denied="" a="" limited="" access="" monkfish="" permit="" may="" fish="" under="" the="" monkfish="" das="" program,="" provided="" that="" the="" denial="" has="" been="" appealed,="" the="" appeal="" is="" pending,="" and="" the="" vessel="" has="" on="" board="" a="" letter="" from="" the="" regional="" administrator="" authorizing="" the="" vessel="" to="" fish="" under="" the="" monkfish="" das="" program.="" the="" regional="" administrator="" will="" issue="" such="" a="" letter="" for="" the="" pendency="" of="" any="" appeal,="" which="" decision="" is="" the="" final="" administrative="" action="" of="" the="" department="" of="" commerce="" pending="" a="" final="" decision="" on="" the="" appeal.="" the="" letter="" of="" authorization="" must="" be="" carried="" on="" board="" the="" vessel.="" a="" vessel="" with="" such="" a="" letter="" of="" authorization="" shall="" not="" exceed="" the="" annual="" allocation="" of="" monkfish="" das="" as="" specified="" in="" sec.="" 648.92(b)(1)="" and="" must="" report="" the="" use="" of="" monkfish="" das="" according="" to="" the="" provisions="" of="" sec.="" 648.10(b)="" or="" (c),="" whichever="" applies.="" if="" the="" appeal="" is="" finally="" denied,="" the="" regional="" administrator="" shall="" send="" a="" notice="" of="" final="" denial="" to="" the="" vessel="" owner;="" the="" authorizing="" letter="" shall="" become="" invalid="" 5="" days="" after="" receipt="" of="" the="" notice="" of="" denial.="" if="" the="" appeal="" is="" finally="" approved,="" any="" das="" used="" during="" pendency="" of="" the="" appeal="" shall="" be="" deducted="" from="" the="" vessel's="" annual="" allocation="" of="" monkfish="" das="" for="" that="" fishing="" year.="" (ii)="" monkfish="" incidental="" catch="" permits="" (effective="" may="" 1,="" 1999).="" a="" vessel="" of="" the="" united="" states="" that="" has="" not="" been="" issued="" a="" limited="" access="" monkfish="" permit="" is="" eligible="" for="" and="" may="" be="" issued="" a="" monkfish="" incidental="" catch="" permit="" to="" fish="" for,="" possess,="" or="" land="" monkfish="" subject="" to="" the="" restrictions="" in="" sec.="" 648.94(c).="" *="" *="" *="" *="" *="" 5.="" in="" sec.="" 648.5,="" the="" first="" sentence="" of="" paragraph="" (a)="" is="" revised="" to="" read="" as="" follows:="" sec.="" 648.5="" operator="" permits.="" (a)="" general.="" any="" operator="" of="" a="" vessel="" fishing="" for="" or="" possessing="" sea="" scallops="" in="" excess="" of="" 40="" lb="" (18="" kg),="" ne="" multispecies,="" monkfish,="" mackerel,="" squid,="" butterfish,="" scup,="" or="" black="" sea="" bass,="" harvested="" in="" or="" from="" the="" eez,="" or="" issued="" a="" permit="" for="" these="" species="" under="" this="" part,="" must="" have="" been="" issued="" under="" this="" section,="" and="" carry="" on="" board,="" a="" valid="" operator's="" permit.="" *="" *="" *="" *="" *="" *="" *="" *="" 6.="" in="" sec.="" 648.6,="" paragraph="" (a)="" is="" revised="" to="" read="" as="" follows:="" sec.="" 648.6="" dealer/processor="" permits.="" (a)="" general.="" all="" ne="" multispecies,="" monkfish,="" sea="" scallop,="" summer="" flounder,="" surf="" clam,="" ocean="" quahog,="" mackerel,="" squid,="" butterfish,="" scup,="" or="" black="" sea="" bass="" dealers,="" and="" surf="" clam="" and="" ocean="" quahog="" processors,="" must="" have="" been="" issued="" under="" this="" section,="" and="" have="" in="" their="" possession,="" a="" valid="" permit="" for="" these="" species.="" *="" *="" *="" *="" *="" 7.="" in="" sec.="" 648.7,="" the="" first="" sentence="" of="" paragraph="" (a)(1)(i),="" the="" first="" sentence="" of="" paragraph="" (a)(3)(i),="" and="" paragraph="" (b)(1)(i)="" are="" revised;="" and="" a="" new="" paragraph="" (b)(1)(iii)="" is="" added="" to="" read="" as="" follows:="" sec.="" 648.7="" recordkeeping="" and="" reporting="" requirements.="" (a)="" *="" *="" *="" (1)="" *="" *="" *="" (i)="" all="" ne="" multispecies="" or="" monkfish,="" sea="" scallop,="" summer="" flounder,="" mackerel,="" squid,="" and="" butterfish,="" scup,="" or="" black="" sea="" bass="" dealers="" must="" provide:="" dealer="" name="" and="" mailing="" address;="" dealer="" permit="" number;="" name="" and="" permit="" number="" or="" name="" and="" hull="" number="" (uscg="" documentation="" number="" or="" state="" registration="" number,="" whichever="" is="" applicable)="" of="" vessels="" from="" which="" fish="" are="" landed="" or="" received;="" trip="" identifier="" for="" trip="" from="" which="" fish="" are="" landed="" or="" received;="" dates="" of="" purchases;="" pounds="" by="" all="" species="" purchased="" (by="" market="" category,="" if="" applicable);="" price="" per="" pound="" by="" species="" (by="" market="" category,="" if="" applicable)="" or="" total="" value="" by="" species="" (by="" market="" category,="" if="" applicable);="" port="" landed;="" and="" any="" other="" information="" deemed="" necessary="" by="" the="" regional="" administrator.="" *="" *="" *="" *="" *="" *="" *="" *="" (3)="" *="" *="" *="" (i)="" all="" ne="" multispecies="" or="" monkfish,="" sea="" scallop,="" summer="" flounder,="" mackerel,="" squid,="" and="" butterfish,="" scup,="" or="" black="" sea="" bass="" dealers="" must="" complete="" the="" ``employment="" data''="" section="" of="" the="" annual="" processed="" products="" report;="" completion="" of="" the="" other="" sections="" of="" that="" form="" is="" voluntary.="" *="" *="" *="" *="" *="" *="" *="" *="" (b)="" *="" *="" *="" (1)="" *="" *="" *="" (i)="" the="" owner="" of="" any="" vessel="" issued="" a="" moratorium="" vessel="" permit="" for="" summer="" flounder,="" mackerel,="" squid,="" or="" butterfish,="" scup,="" or="" black="" sea="" bass,="" or="" a="" permit="" for="" sea="" scallops,="" or="" ne="" multispecies="" or="" monkfish,="" must="" maintain="" on="" board="" the="" vessel="" and="" submit="" an="" accurate="" daily="" fishing="" log="" for="" all="" fishing="" trips,="" regardless="" of="" species="" fished="" for="" or="" taken,="" on="" forms="" supplied="" by="" or="" approved="" by="" the="" regional="" administrator.="" if="" authorized="" in="" writing="" by="" the="" regional="" administrator,="" a="" vessel="" owner="" or="" operator="" may="" submit="" reports="" electronically,="" for="" example="" by="" using="" a="" vms="" or="" other="" media.="" at="" least="" the="" following="" information="" and="" any="" other="" information="" required="" by="" the="" regional="" administrator="" must="" be="" provided:="" vessel="" name;="" uscg="" documentation="" number="" (or="" state="" registration="" number,="" if="" undocumented);="" permit="" number;="" date/time="" sailed;="" date/time="" landed;="" trip="" type;="" number="" of="" crew;="" number="" of="" anglers="" (if="" a="" charter="" or="" party="" boat);="" gear="" fished;="" quantity="" and="" size="" of="" gear;="" mesh/ring="" size;="" chart="" area="" fished;="" average="" depth;="" latitude/longitude="" (or="" loran="" station="" and="" bearings);="" total="" hauls="" per="" area="" fished;="" average="" tow="" time="" duration;="" pounds="" by="" species="" (or="" count,="" if="" a="" party="" or="" charter="" vessel)="" of="" all="" species="" landed="" or="" discarded;="" dealer="" permit="" number;="" dealer="" name;="" date="" sold;="" port="" and="" state="" landed;="" and="" vessel="" operator's="" name,="" signature,="" and="" operator="" permit="" number="" (if="" applicable).="" *="" *="" *="" *="" *="" (iii)="" owners="" of="" party="" and="" charter="" boats.="" the="" owner="" of="" any="" party="" or="" charter="" boat="" issued="" a="" summer="" flounder="" or="" scup="" permit="" other="" than="" a="" moratorium="" permit="" and="" carrying="" passengers="" for="" hire="" shall="" maintain="" on="" board="" the="" vessel="" and="" submit="" an="" accurate="" daily="" fishing="" log="" report="" for="" each="" charter="" or="" party="" fishing="" trip="" that="" lands="" summer="" flounder="" or="" scup,="" unless="" such="" a="" vessel="" is="" also="" issued="" a="" moratorium="" permit="" for="" summer="" flounder,="" a="" permit="" for="" sea="" scallop,="" or="" ne="" multispecies="" or="" monkfish,="" or="" a="" permit="" for="" mackerel,="" squid="" or="" butterfish,="" or="" a="" moratorium="" permit="" for="" scup,="" or="" a="" permit="" for="" black="" sea="" bass,="" in="" which="" case="" a="" [[page="" 7610]]="" fishing="" log="" report="" is="" required="" for="" each="" trip="" regardless="" of="" species="" retained.="" if="" authorized="" in="" writing="" by="" the="" regional="" administrator,="" a="" vessel="" owner="" may="" submit="" reports="" electronically,="" for="" example,="" by="" using="" vms="" or="" other="" media.="" at="" least="" the="" following="" information="" and="" any="" other="" information="" required="" by="" the="" regional="" administrator="" must="" be="" provided:="" vessel="" name;="" uscg="" documentation="" number="" (or="" state="" registration="" number,="" if="" undocumented);="" permit="" number;="" date/="" time="" sailed;="" date/time="" landed;="" trip="" type;="" number="" of="" crew;="" number="" of="" anglers;="" gear="" fished;="" quantity="" and="" size="" of="" gear;="" chart="" area="" fished;="" average="" depth;="" latitude/longitude="" (or="" loran="" station="" and="" bearings);="" average="" tow="" time="" duration;="" count="" by="" species="" of="" all="" species="" landed="" or="" discarded;="" port="" and="" state="" landed;="" and="" vessel="" operator's="" name,="" signature,="" and="" operator="" permit="" number="" (if="" applicable).="" *="" *="" *="" *="" *="" 8.="" in="" sec.="" 648.9,="" paragraph="" (d)="" is="" revised="" to="" read="" as="" follows:="" sec.="" 648.9="" vms="" requirements.="" *="" *="" *="" *="" *="" (d)="" presumption.="" if="" a="" vms="" unit="" fails="" to="" transmit="" an="" hourly="" signal="" of="" a="" vessel's="" position,="" the="" vessel="" shall="" be="" deemed="" to="" have="" incurred="" a="" das,="" or="" fraction="" thereof,="" for="" as="" long="" as="" the="" unit="" fails="" to="" transmit="" a="" signal,="" unless="" a="" preponderance="" of="" evidence="" shows="" that="" the="" failure="" to="" transmit="" was="" due="" to="" an="" unavoidable="" malfunction="" or="" disruption="" of="" the="" transmission="" that="" occurred="" while="" the="" vessel="" was="" declared="" out="" of="" the="" scallop="" fishery="" or="" ne="" multispecies="" or="" monkfish="" fishery,="" as="" applicable,="" or="" was="" not="" at="" sea.="" *="" *="" *="" *="" *="" 9.="" in="" sec.="" 648.10,="" the="" first="" sentence="" of="" paragraph="" (b)="" introductory="" text,="" and="" paragraphs="" (b)(1),="" (c)="" introductory="" text,="" (c)(2),="" and="" (c)(5)="" are="" revised="" to="" read="" as="" follows:="" sec.="" 648.10="" das="" notification="" requirements.="" *="" *="" *="" *="" *="" (b)="" vms="" notification.="" a="" multispecies="" vessel="" issued="" an="" individual="" das="" or="" combination="" vessel="" permit,="" or="" scallop="" vessel="" issued="" a="" full-time="" or="" part-time="" limited="" access="" scallop="" permit,="" or="" scallop="" vessel="" fishing="" under="" the="" small="" dredge="" program="" specified="" in="" sec.="" 648.51(e),="" or="" a="" vessel="" issued="" a="" limited="" access="" multispecies="" or="" monkfish="" permit,="" or="" scallop="" permit,="" whose="" owner="" elects="" to="" fish="" under="" the="" vms="" notification="" of="" paragraph="" (b)="" of="" this="" section,="" unless="" otherwise="" authorized="" or="" required="" by="" the="" regional="" administrator="" under="" paragraph="" (d)="" of="" this="" section,="" must="" have="" installed="" on="" board="" an="" operational="" vms="" unit="" that="" meets="" the="" minimum="" performance="" criteria="" specified="" in="" sec.="" 648.9(b)="" or="" as="" modified="" in="" sec.="" 648.9(a).="" *="" *="" *="" (1)="" vessels="" that="" have="" crossed="" the="" vms="" demarcation="" line="" specified="" under="" paragraph="" (a)="" of="" this="" section="" are="" deemed="" to="" be="" fishing="" under="" the="" das="" program,="" unless="" the="" vessel's="" owner="" or="" an="" authorized="" representative="" declares="" the="" vessel="" out="" of="" the="" scallop,="" ne="" multispecies,="" or="" monkfish="" fishery,="" as="" applicable,="" for="" a="" specific="" time="" period="" by="" notifying="" the="" regional="" administrator="" through="" the="" vms="" prior="" to="" the="" vessel="" leaving="" port.="" *="" *="" *="" *="" *="" (c)="" call-in="" notification.="" owners="" of="" vessels="" issued="" limited="" access="" multispecies="" or="" monkfish="" permits="" who="" are="" participating="" in="" a="" das="" program="" and="" who="" are="" not="" required="" to="" provide="" notification="" using="" a="" vms,="" scallop="" vessels="" qualifying="" for="" a="" das="" allocation="" under="" the="" occasional="" category="" and="" who="" have="" not="" elected="" to="" fish="" under="" the="" vms="" notification="" requirements="" of="" paragraph="" (b)="" of="" this="" section,="" and="" vessels="" fishing="" pending="" an="" appeal="" as="" specified="" in="" sec.="" 648.4(a)(1)(i)(h)(3)="" and="" (a)(9)(i)(j)="" are="" subject="" to="" the="" following="" requirements:="" *="" *="" *="" *="" *="" (2)="" the="" vessel's="" confirmation="" numbers="" for="" the="" current="" and="" immediately="" prior="" multispecies="" or="" monkfish="" fishing="" trip="" must="" be="" maintained="" on="" board="" the="" vessel="" and="" provided="" to="" an="" authorized="" officer="" upon="" request.="" *="" *="" *="" *="" *="" (5)="" any="" vessel="" that="" possesses="" or="" lands="" per="" trip="" more="" than="" 400="" lb="" (181="" kg)="" of="" scallops,="" and="" any="" vessel="" issued="" a="" limited="" access="" multispecies="" permit="" subject="" to="" the="" das="" program="" and="" call-in="" requirement="" that="" possesses="" or="" lands="" regulated="" species,="" except="" as="" provided="" in="" secs.="" 648.17="" and="" 648.89,="" and="" any="" vessel="" issued="" a="" limited="" access="" monkfish="" permit="" subject="" to="" the="" das="" program="" and="" call-in="" requirement="" that="" possesses="" or="" lands="" monkfish="" above="" the="" incidental="" catch="" trip="" limits="" specified="" in="" sec.="" 648.94(b)="" and="" (c)="" shall="" be="" deemed="" in="" the="" das="" program="" for="" purposes="" of="" counting="" das,="" regardless="" of="" whether="" the="" vessel's="" owner="" or="" authorized="" representative="" provided="" adequate="" notification="" as="" required="" by="" paragraph="" (c)="" of="" this="" section.="" *="" *="" *="" *="" *="" 10.="" in="" sec.="" 648.11,="" the="" first="" sentence="" of="" paragraph="" (a)="" and="" paragraph="" (e)="" introductory="" text="" are="" revised="" to="" read="" as="" follows:="" sec.="" 648.11="" at-sea="" sampler/observer="" coverage.="" (a)="" the="" regional="" administrator="" may="" request="" any="" vessel="" holding="" a="" permit="" for="" sea="" scallops,="" or="" ne="" multispecies="" or="" monkfish,="" or="" mackerel,="" squid,="" or="" butterfish,="" or="" scup,="" or="" black="" sea="" bass,="" or="" a="" moratorium="" permit="" for="" summer="" flounder,="" to="" carry="" a="" nmfs-approved="" sea="" sampler/="" observer.="" *="" *="" *="" *="" *="" *="" *="" *="" (e)="" the="" owner="" or="" operator="" of="" a="" vessel="" issued="" a="" summer="" flounder="" moratorium="" permit,="" or="" a="" scup="" moratorium="" permit,="" or="" a="" black="" sea="" bass="" moratorium="" permit,="" if="" requested="" by="" the="" sea="" sampler/observer="" also="" must:="" *="" *="" *="" *="" *="" 11.="" in="" sec.="" 648.12,="" the="" introductory="" text="" is="" revised="" to="" read="" as="" follows:="" sec.="" 648.12="" experimental="" fishing.="" the="" regional="" administrator="" may="" exempt="" any="" person="" or="" vessel="" from="" the="" requirements="" of="" subparts="" a="" (general="" provisions),="" b="" (atlantic="" mackerel,="" squid,="" and="" butterfish="" fisheries),="" d="" (atlantic="" sea="" scallop="" fishery),="" e="" (atlantic="" surf="" clam="" and="" ocean="" quahog="" fisheries),="" f="" (ne="" multispecies="" and="" monkfish="" fisheries),="" g="" (summer="" flounder="" fishery),="" h="" (scup="" fishery),="" or="" i="" (black="" sea="" bass="" fishery)="" of="" this="" part="" for="" the="" conduct="" of="" experimental="" fishing="" beneficial="" to="" the="" management="" of="" the="" resources="" or="" fishery="" managed="" under="" that="" subpart.="" the="" regional="" administrator="" shall="" consult="" with="" the="" executive="" director="" of="" the="" mafmc="" regarding="" such="" exemptions="" for="" the="" atlantic="" mackerel,="" squid,="" and="" butterfish,="" summer="" flounder,="" scup,="" and="" black="" sea="" bass="" fisheries.="" *="" *="" *="" *="" *="" 12.="" in="" sec.="" 648.14,="" paragraphs="" (a)(49)="" and="" (103)="" are="" revised,="" and="" paragraphs="" (x)(8)="" and="" (y)="" are="" added="" to="" read="" as="" follows:="" sec.="" 648.14="" prohibitions.="" (a)="" *="" *="" *="" (49)="" violate="" any="" of="" the="" possession="" or="" landing="" restrictions="" on="" fishing="" with="" scallop="" dredge="" gear="" specified="" in="" secs.="" 648.80(h)="" and="" 648.94.="" *="" *="" *="" *="" *="" (103)="" sell,="" barter,="" trade="" or="" transfer,="" or="" attempt="" to="" sell,="" barter,="" trade="" or="" otherwise="" transfer,="" other="" than="" solely="" for="" transport,="" any="" multispecies="" or="" monkfish,="" unless="" the="" dealer="" or="" transferee="" has="" a="" dealer="" permit="" issued="" under="" sec.="" 648.6.="" *="" *="" *="" *="" *="" (x)="" *="" *="" *="" (8)="" monkfish.="" all="" monkfish="" retained="" or="" possessed="" on="" a="" vessel="" issued="" any="" permit="" under="" sec.="" 648.4="" are="" deemed="" to="" have="" been="" harvested="" from="" the="" eez.="" (y)="" in="" addition="" to="" the="" general="" prohibitions="" specified="" in="" sec.="" 600.725="" of="" this="" chapter="" and="" in="" paragraph="" (a)="" of="" this="" section,="" it="" is="" unlawful="" for="" any="" person="" owning="" or="" operating="" a="" vessel="" issued="" a="" limited="" access="" monkfish="" permit="" to="" do="" any="" of="" the="" following:="" (1)="" fish="" for,="" possess,="" retain="" or="" land="" monkfish,="" unless:="" [[page="" 7611]]="" (i)="" the="" monkfish="" are="" being="" fished="" for="" or="" were="" harvested="" in="" or="" from="" the="" eez="" by="" a="" vessel="" issued="" a="" valid="" monkfish="" permit="" under="" this="" part="" and="" the="" operator="" on="" board="" such="" vessel="" has="" been="" issued="" an="" operator="" permit="" that="" is="" on="" board="" the="" vessel;="" or="" (ii)="" the="" monkfish="" were="" harvested="" by="" a="" vessel="" not="" issued="" a="" monkfish="" permit="" that="" fishes="" for="" monkfish="" exclusively="" in="" state="" waters;="" or="" (iii)="" the="" monkfish="" were="" harvested="" in="" or="" from="" the="" eez="" by="" a="" vessel="" engaged="" in="" recreational="" fishing.="" (2)="" land,="" offload,="" or="" otherwise="" transfer,="" or="" attempt="" to="" land,="" offload,="" or="" otherwise="" transfer,="" monkfish="" from="" one="" vessel="" to="" another="" vessel,="" unless="" each="" vessel="" has="" not="" been="" issued="" a="" monkfish="" permit="" and="" fishes="" exclusively="" in="" state="" waters.="" (3)="" sell,="" barter,="" trade,="" or="" otherwise="" transfer,="" or="" attempt="" to="" sell,="" barter,="" trade,="" or="" otherwise="" transfer="" for="" a="" commercial="" purpose,="" any="" monkfish,="" unless="" the="" vessel="" has="" been="" issued="" a="" monkfish="" permit,="" or="" unless="" the="" monkfish="" were="" harvested="" by="" a="" vessel="" with="" no="" monkfish="" permit="" that="" fishes="" for="" monkfish="" exclusively="" in="" state="" waters.="" (4)="" fish="" for,="" possess,="" retain,="" or="" land="" monkfish,="" or="" operate="" or="" act="" as="" an="" operator="" of="" a="" vessel="" fishing="" for="" or="" possessing="" monkfish="" in="" or="" from="" the="" eez="" without="" having="" been="" issued="" and="" possessing="" a="" valid="" operator="" permit.="" (5)="" fish="" with,="" use,="" or="" have="" on="" board,="" while="" fishing="" under="" a="" monkfish="" das="" within="" the="" northern="" fishery="" management="" area="" or="" southern="" fishery="" management="" area="" as="" described="" in="" sec.="" 648.91(a)="" and="" (b),="" nets="" with="" mesh="" size="" smaller="" than="" the="" minimum="" mesh="" size="" specified="" in="" sec.="" 648.91(c).="" (6)="" violate="" any="" provision="" of="" the="" incidental="" catch="" permit="" restrictions="" as="" provided="" in="" secs.="" 648.4(a)(9)(ii)="" and="" 648.94(c).="" (7)="" possess,="" land,="" or="" fish="" for="" monkfish="" while="" in="" possession="" of="" dredge="" gear="" on="" a="" vessel="" not="" fishing="" under="" the="" scallop="" das="" program="" as="" described="" in="" sec.="" 648.53,="" or="" fishing="" under="" a="" general="" scallop="" permit,="" except="" for="" vessels="" with="" no="" monkfish="" permit="" that="" fish="" for="" monkfish="" exclusively="" in="" state="" waters.="" (8)="" purchase,="" possess,="" or="" receive="" as="" a="" dealer,="" or="" in="" the="" capacity="" of="" a="" dealer,="" monkfish="" in="" excess="" of="" the="" possession="" limit="" specified="" in="" sec.="" 648.94="" applicable="" to="" a="" vessel="" issued="" a="" limited="" access="" monkfish="" permit,="" or="" in="" excess="" of="" the="" trip="" limits="" specified="" in="" sec.="" 648.94(b)="" and="" (c)="" applicable="" to="" a="" vessel="" with="" a="" monkfish="" incidental="" catch="" permit.="" (9)="" fail="" to="" comply="" with="" the="" monkfish="" size="" limit="" restrictions="" of="" sec.="" 648.93.="" (10)="" fail="" to="" comply="" with="" the="" monkfish="" liver="" landing="" restrictions="" of="" sec.="" 648.94(d).="" (11)="" fish="" for,="" possess="" or="" land="" more="" than="" the="" landing="" limit="" of="" monkfish="" specified="" in="" sec.="" 648.94="" after="" using="" up="" the="" vessel's="" annual="" monkfish="" das="" allocation="" or="" when="" not="" participating="" in="" the="" monkfish="" das="" program="" pursuant="" to="" sec.="" 648.92.="" (12)="" if="" fishing="" with="" a="" vms="" unit="" under="" sec.="" 648.10:="" (i)="" fail="" to="" have="" a="" certified,="" operational,="" and="" functioning="" vms="" unit="" that="" meets="" the="" specifications="" of="" sec.="" 648.9="" on="" board="" the="" vessel="" at="" all="" times.="" (ii)="" fail="" to="" comply="" with="" the="" notification,="" replacement,="" or="" any="" other="" requirements="" regarding="" vms="" usage="" as="" specified="" in="" sec.="" 648.10.="" (13)="" combine,="" transfer,="" or="" consolidate="" das="" allocations.="" (14)="" fish="" for,="" possess,="" or="" land="" monkfish="" with="" or="" from="" a="" vessel="" that="" has="" had="" the="" horsepower="" of="" such="" vessel="" or="" its="" replacement="" upgraded="" or="" increased="" in="" excess="" of="" the="" limitations="" specified="" in="" sec.="" 648.4(a)(9)(i)(e)="" and="" (f).="" (15)="" fish="" for,="" possess,="" or="" land="" monkfish="" with="" or="" from="" a="" vessel="" that="" has="" had="" the="" length,="" grt,="" or="" nt="" of="" such="" vessel="" or="" its="" replacement="" upgraded="" or="" increased="" in="" excess="" of="" the="" limitations="" specified="" in="" sec.="" 648.4(a)(9)(i)(e)="" and="" (f).="" (16)="" fail="" to="" comply="" with="" any="" provision="" of="" the="" das="" notification="" program="" as="" specified="" in="" sec.="" 648.10.="" (17)="" if="" the="" vessel="" has="" been="" issued="" a="" limited="" access="" monkfish="" permit="" and="" fishes="" under="" a="" monkfish="" das,="" fail="" to="" comply="" with="" gillnet="" requirements="" and="" restrictions="" specified="" in="" sec.="" 648.92(b)(8).="" (18)="" if="" the="" vessel="" is="" fishing="" under="" the="" gillnet="" category,="" fail="" to="" comply="" with="" the="" applicable="" restrictions="" and="" requirements="" specified="" in="" sec.="" 648.92(b)(8).="" (19)="" fail="" to="" produce,="" or="" cause="" to="" be="" produced,="" gillnet="" tags="" when="" requested="" by="" an="" authorized="" officer.="" (20)="" tag="" a="" gillnet="" or="" use="" a="" gillnet="" tag="" that="" has="" been="" reported="" lost,="" missing,="" destroyed,="" or="" issued="" to="" another="" vessel,="" or="" use="" a="" false="" gillnet="" tag.="" (21)="" sell,="" transfer,="" or="" give="" away="" gillnet="" tags="" that="" have="" been="" reported="" lost,="" missing,="" destroyed,="" or="" issued="" to="" another="" vessel.="" 13.="" revise="" the="" heading="" for="" subpart="" f="" to="" read="" as="" follows:="" subpart="" f--management="" measures="" for="" the="" ne="" multispecies="" and="" monkfish="" fisheries="" *="" *="" *="" *="" *="" 14.="" revise="" the="" heading="" of="" sec.="" 648.80="" to="" read="" as="" follows:="" sec.="" 648.80="" multispecies="" regulated="" mesh="" areas="" and="" restrictions="" on="" gear="" and="" methods="" of="" fishing.="" *="" *="" *="" *="" *="" 15.="" revise="" the="" heading="" of="" sec.="" 648.81="" to="" read="" as="" follows:="" sec.="" 648.81="" multispecies="" closed="" areas.="" *="" *="" *="" *="" *="" 16.="" revise="" the="" heading="" of="" sec.="" 648.82="" to="" read="" as="" follows:="" sec.="" 648.82="" effort-control="" program="" for="" multispecies="" limited="" access="" vessels.="" *="" *="" *="" *="" *="" 17.="" revise="" the="" heading="" of="" sec.="" 648.83="" to="" read="" as="" follows:="" sec.="" 648.83="" multispecies="" minimum="" fish="" sizes.="" *="" *="" *="" *="" *="" 18.="" in="" sec.="" 648.84,="" paragraph="" (a)="" is="" revised="" to="" read="" as="" follows:="" sec.="" 648.84="" gear-marking="" requirements="" and="" gear="" restrictions.="" (a)="" bottom-tending="" fixed="" gear,="" including,="" but="" not="" limited="" to,="" gillnets="" and="" longlines="" designed="" for,="" capable="" of,="" or="" fishing="" for="" ne="" multispecies="" or="" monkfish,="" must="" have="" the="" name="" of="" the="" owner="" or="" vessel="" or="" the="" official="" number="" of="" that="" vessel="" permanently="" affixed="" to="" any="" buoys,="" gillnets,="" longlines,="" or="" other="" appropriate="" gear="" so="" that="" the="" name="" of="" the="" owner="" or="" vessel="" or="" the="" official="" number="" of="" the="" vessel="" is="" visible="" on="" the="" surface="" of="" the="" water.="" *="" *="" *="" *="" *="" 19.="" revise="" the="" heading="" of="" sec.="" 648.86="" to="" read="" as="" follows:="" sec.="" 648.86="" multispecies="" possession="" restrictions.="" *="" *="" *="" *="" *="" 20.="" revise="" the="" heading="" of="" sec.="" 648.88="" to="" read="" as="" follows:="" sec.="" 648.88="" multispecies="" open="" access="" permit="" restrictions.="" *="" *="" *="" *="" *="" 21.="" in="" sec.="" 648.90,="" the="" section="" heading="" and="" paragraph="" (c)="" are="" revised="" to="" read="" as="" follows:="" sec.="" 648.90="" multispecies="" framework="" specifications.="" *="" *="" *="" *="" *="" (c)="" nothing="" in="" this="" section="" is="" meant="" to="" derogate="" from="" the="" authority="" of="" the="" secretary="" to="" take="" emergency="" action="" and="" interim="" measures="" under="" section="" 305(c)="" of="" the="" magnuson-stevens="" act.="" 22.="" new="" secs.="" 648.91="" through="" 648.94,="" and="" sec.="" 648.96="" are="" added="" to="" subpart="" f="" to="" read="" as="" follows:="" sec.="" 648.91="" monkfish="" regulated="" mesh="" areas="" and="" restrictions="" on="" gear="" and="" methods="" of="" fishing.="" all="" vessels="" must="" comply="" with="" the="" following="" minimum="" mesh="" size,="" gear,="" and="" methods="" of="" fishing="" requirements,="" unless="" otherwise="" exempted="" or="" prohibited:="" [[page="" 7612]]="" (a)="" northern="" fishery="" management="" area="" (nfma)--="" area="" definition.="" the="" nfma="" (copies="" of="" a="" chart="" depicting="" the="" area="" are="" available="" from="" the="" regional="" administrator="" upon="" request)="" is="" that="" area="" defined="" by="" a="" line="" beginning="" at="" the="" intersection="" of="" 70="" deg.03*="" w.="" longitude="" and="" the="" south-="" facing="" shoreline="" of="" cape="" cod,="" ma="" (point="" a),="" then="" southward="" along="" 70="" deg.="" w.="" longitude="" to="" 41="" deg.="" n.="" latitude,="" then="" eastward="" to="" the="" u.s.-="" canada="" maritime="" boundary,="" then="" in="" a="" northerly="" direction="" along="" the="" u.s.-="" canada="" maritime="" boundary="" until="" it="" intersects="" the="" maine="" shoreline,="" and="" then="" following="" the="" coastline="" in="" a="" southerly="" direction="" until="" it="" intersects="" with="" point="" a.="" (b)="" southern="" fishery="" management="" area="" (sfma)--="" area="" definition.="" the="" sfma="" (copies="" of="" a="" chart="" depicting="" the="" area="" are="" available="" from="" the="" regional="" administrator="" upon="" request)="" is="" that="" area="" defined="" by="" a="" line="" beginning="" at="" point="" a,="" then="" in="" a="" southerly="" direction="" to="" the="" nc-sc="" border,="" then="" due="" east="" to="" the="" 200-mile="" limit,="" then="" in="" a="" northerly="" direction="" along="" the="" 200-mile="" limit="" to="" the="" u.s.-canada="" maritime="" boundary,="" then="" in="" a="" northwesterly="" direction="" along="" the="" u.s.-canada="" maritime="" boundary="" to="" 41="" deg.="" n.="" latitude,="" and="" then="" westward="" to="" 70="" deg.="" w.="" longitude,="" and="" finally="" north="" to="" the="" shoreline="" at="" cape="" cod,="" ma="" (point="" a).="" (c)="" gear="" restrictions--(1)="" minimum="" mesh="" size--(i)="" trawl="" nets="" while="" on="" a="" monkfish="" das.="" except="" as="" provided="" in="" paragraph="" (c)(1)(ii)="" of="" this="" section,="" the="" minimum="" mesh="" size="" for="" any="" trawl="" net,="" including="" beam="" trawl="" nets,="" used="" by="" a="" vessel="" fishing="" under="" a="" monkfish="" das="" is="" 10-inch="" (25.4="" cm)="" square="" or="" 12-inch="" (30.5="" cm)="" diamond="" mesh="" throughout="" the="" codend="" for="" at="" least="" 45="" continuous="" meshes="" forward="" of="" the="" terminus="" of="" the="" net.="" the="" remainder="" of="" the="" trawl="" net="" may="" contain="" mesh="" that="" is="" no="" smaller="" than="" the="" regulated="" mesh="" specified="" by="" sec.="" 648.80(a)(2)(i),="" (b)(2)(i),="" or="" (c)(2)(i)="" of="" the="" northeast="" multispecies="" regulations,="" depending="" upon="" the="" multispecies="" regulated="" mesh="" area="" being="" fished.="" (ii)="" trawl="" nets="" while="" on="" a="" monkfish="" and="" multispecies="" das.="" for="" vessels="" issued="" a="" category="" c="" or="" d="" limited="" access="" monkfish="" permit="" and="" fishing="" with="" trawl="" gear="" under="" both="" a="" monkfish="" and="" multispecies="" das,="" mesh="" size="" may="" be="" no="" smaller="" than="" allowed="" under="" regulations="" regarding="" mesh="" size="" for="" the="" ne="" multispecies="" fmp="" at="" sec.="" 648.80(a)(2)(i),="" (b)(2)(i),="" or="" (c)(2)(i),="" depending="" upon="" the="" multispecies="" regulated="" mesh="" area="" being="" fished.="" (iii)="" gillnets="" while="" on="" a="" monkfish="" das.="" the="" minimum="" mesh="" size="" for="" any="" gillnets="" used="" by="" a="" vessel="" fishing="" under="" a="" monkfish="" das="" is="" 10-inches="" (25.4="" cm)="" diamond.="" (iv)="" authorized="" gear="" while="" on="" a="" monkfish="" and="" scallop="" das.="" vessels="" issued="" a="" category="" c="" or="" d="" limited="" access="" monkfish="" permit="" and="" fishing="" under="" a="" monkfish="" and="" scallop="" das="" may="" only="" fish="" with="" and="" use="" a="" trawl="" net="" with="" a="" mesh="" size="" no="" smaller="" than="" that="" specified="" in="" paragraph="" (c)(1)(i)="" of="" this="" section.="" (2)="" other="" gear="" restrictions.="" (i)="" a="" vessel="" may="" not="" fish="" with="" dredges="" or="" have="" dredges="" on="" board="" while="" fishing="" under="" a="" monkfish="" das.="" (ii)="" all="" other="" non-conforming="" gear="" must="" be="" stowed="" as="" specified="" in="" sec.="" 648.81(e).="" (iii)="" the="" mesh="" restrictions="" in="" paragraph="" (c)(1)="" of="" this="" section="" do="" not="" apply="" to="" nets="" or="" pieces="" of="" nets="" smaller="" than="" 3="" ft="" (0.9="" m)="" x="" 3="" ft="" (0.9="" m),="" (9="">2 (0.81 m2)).
Sec. 648.92 Effort-control program for monkfish limited access
vessels.
(a) General. A vessel issued a limited access monkfish permit may
not fish for, possess, retain, or land monkfish, except during a DAS as
allocated under and in accordance with the applicable DAS program
described in this section, except as otherwise provided in this part.
(1) End-of-year carry-over. With the exception of vessels that held
a Confirmation of Permit History as described in Sec. 648.4(a)(1)(i)(J)
for the entire fishing year preceding the carry-over year, limited
access vessels that have unused DAS on the last day of April of any
year may carry over a maximum of 10 unused DAS into the next fishing
year. Any DAS that have been forfeited due to an enforcement proceeding
will be deducted from all other unused DAS in determining how many DAS
may be carried over.
(2) [Reserved]
(b) Monkfish DAS program--permit categories and allocations-- (1)
Limited access monkfish permit holders. For fishing years 1999, 2000,
and 2001, all limited access monkfish permit holders shall be allocated
40 monkfish DAS for each fishing year. For fishing years 2002 and
thereafter, no monkfish DAS will be allocated to any limited access
monkfish permit holder.
(2) Category C and D limited access monkfish permit holders. Each
monkfish DAS used by a limited access multispecies or scallop vessel
holding a Category C or D limited access monkfish permit shall also be
counted as a multispecies or scallop DAS, as applicable.
(3) Accrual of DAS. Same as Sec. 648.53(e).
(4) Good Samaritan credit. Same as Sec. 648.53(f).
(5) Spawning season restrictions. A vessel issued a valid Category
A or B limited access monkfish permit under Sec. 648.4(a)(9)(i)(A)(1)
or (a)(9)(i)(A)(2) must declare and be out of the monkfish DAS program,
as described in paragraph (b) of this section, for a 20-day period
between April 1 and June 30 of each calendar year using the
notification requirements specified in Sec. 648.10. If a vessel owner
has not declared and been out for a 20-day period between April 1 and
June 30 of each calendar year on or before June 11 of each year, the
vessel is prohibited from fishing for possessing or landing any
monkfish during the period June 11 through June 30, inclusive.
(6) Declaring monkfish DAS and blocks of time out. A vessel's owner
or authorized representative shall notify the Regional Administrator of
a vessel's participation in the monkfish DAS program and declaration of
its 20-day period out of the monkfish DAS program, using the
notification requirements specified in Sec. 648.10.
(7) Adjustments in annual monkfish DAS allocations. Adjustments in
annual monkfish DAS allocations, if required to meet fishing mortality
goals, may be implemented pursuant to the framework adjustment
procedures of Sec. 648.96.
(8) Gillnet restrictions--(i) Number and size of nets. A vessel
issued a monkfish limited access permit or fishing under a monkfish DAS
may not fish with, haul, possess, or deploy more than 160 gillnets. A
vessel issued a multispecies limited access permit and a limited access
monkfish permit, or fishing under a monkfish DAS, may fish any
combination of monkfish, roundfish, and flatfish gillnets, up to 160
nets total, provided that the number of monkfish, roundfish, and
flatfish gillnets is consistent with the limitations of
Sec. 648.82(k)(1)(i) and that the nets are tagged in accordance with
the regulations, as specified in Sec. 648.82. Nets may not be longer
than 300 ft (91.44 m), or 50 fathoms, in length.
(ii) Tagging requirements. Beginning May 1, 1999, all gillnets
fished, hauled, possessed, or deployed by a vessel fishing for monkfish
under a monkfish DAS must have one monkfish tag per net, with one tag
secured to every other bridle of every net within a string of nets.
Tags must be obtained as described in Sec. 648.4. A vessel operator
must account for all net tags upon request by an authorized officer.
(iii) Lost tags. A vessel owner or operator must report lost,
destroyed, or missing tag numbers by letter or fax to the Regional
Administrator within 24 hours after tags have been discovered lost,
destroyed, or missing.
[[Page 7613]]
(iv) Replacement tags. A vessel owner or operator seeking
replacement of lost, destroyed, or missing tags must request
replacement tags by letter or fax to the Regional Administrator. A
check for the cost of the replacement tags must be received before tags
will be re-issued.
(v) Method of counting DAS. A vessel fishing with gillnet gear
under a monkfish DAS will accrue 15 hours monkfish DAS for each trip
greater than 3 hours but less than or equal to 15 hours. Such vessel
will accrue actual monkfish DAS time at sea for trips less than or
equal to 3 hours or greater than 15 hours. A vessel fishing with
gillnet gear under only a monkfish DAS is not required to remove
gillnet gear from the water upon returning to the dock and calling out
of the DAS program, provided that the vessel complies with the
requirements and conditions of paragraphs (b)(8)(i), (ii), (iii), (iv),
and (v) of this section.
Sec. 648.93 Monkfish minimum fish sizes.
(a) Minimum fish sizes. (1) All monkfish caught in or from the EEZ
or by vessels issued a Federal monkfish permit are subject to the
following minimum fish sizes (total length and tail length):
MINIMUM FISH SIZES (Total Length/Tail Length)
------------------------------------------------------------------------
Total Length Tail Length
------------------------------------------------------------------------
17 inches (43.2 cm)............................ 11 inches (27.9 cm)
------------------------------------------------------------------------
(2) The minimum fish size applies to the whole fish (total length)
or to the tail of a fish (tail length) at the time of landing. Fish or
parts of fish must have skin on while possessed on board a vessel and
at the time of landing in order to meet minimum size requirements.
``Skin on'' means the entire portion of the skin normally attached to
the portion of the fish or fish parts possessed. Monkfish tails will be
measured from the anterior portion of the fourth cephalic dorsal spine
to the end of the caudal fin. Any tissue anterior to the fourth dorsal
spine will be ignored. If the fourth dorsal spine or the tail is not
intact, the minimum size will be measured between the most anterior
vertebra and the most posterior portion of the tail.
(b) Adjustments--(1) Vessels fishing in the SFMA. (i) Unless the
Regional Administrator makes the determination specified in paragraph
(b)(1)(ii), beginning on May 1, 2000, the minimum fish size limit for
vessels fishing or landing in the SFMA only is 21 inches (53.3 cm)
total length/14 inches (35.6 cm) tail length.
(ii) If, based on landings, projected landings, and other available
data, the Regional Administrator determines that the SFMA monkfish
catch for the period May 1, 1999, through April 30, 2000, is less than
or equal to the Year 1 SFMA TAC, a notification will be published in
the Federal Register specifying the SFMA size limit at 17 inches (43.2
cm) total length/11 inches (27.9 cm) tail length.
(2) Vessels fishing in the NFMA. An adjustment to the minimum size
possession limits for vessels catching or landing fish in the SFMA
under paragraph (b)(1) of this section will not affect the minimum size
possession limits for vessels catching fish only in or from the NFMA,
which will remain as described in paragraph (a)(1) of this section.
When the size limits specified in paragraph (b)(1) of this section
become effective for the SFMA, a vessel intending to fish for and catch
monkfish under a monkfish DAS only in the NFMA must declare into that
area for a period not less than 30 days when calling in under the DAS
program or as otherwise directed by the Regional Administrator. A
vessel that has not declared into the NFMA under this paragraph shall
be presumed to have fished in the SFMA and shall be subject to the more
restrictive requirements of that area. Such restrictions shall apply to
the entire trip. A vessel that has declared its intent to fish in the
NFMA may transit the SFMA providing that it complies with the
transiting provisions described in Sec. 648.94(e) and provided that it
does not fish for or catch monkfish in the SFMA.
Sec. 648.94 Monkfish possession and landing restrictions.
(a) General. Monkfish may be possessed or landed either as tails
only, or in whole form, or any combination of the two. When both tails
and whole fish are possessed or landed, the possession or landing limit
for monkfish tails shall be the difference between the whole weight
limit minus the landing of whole monkfish, divided by 3.32. A 996 lb
(452 kg) whole weight trip limit and a 600 lb (272 kg) landing of whole
fish shall, for example, allow for a maximum landing of tails of 101.2
lb (46 kg).
(b) Vessels issued limited access monkfish permits--(1) Vessels
fishing under the monkfish DAS program prior to May 1, 2000. For
vessels fishing under the monkfish DAS program prior to May 1, 2000,
there is no monkfish trip limit.
(2) Vessels fishing under the monkfish DAS program May 1, 2000, and
thereafter. (i) Unless the Regional Administrator makes the
determination specified in paragraph (b)(2)(ii), the trip limits
specified in paragraphs (b)(2)(iii), (iv), (v), and (vi) of this
section apply to vessels fishing under the monkfish DAS program in the
SFMA.
(ii) If, based on landings, projected landings, and other available
data, the Regional Administrator determines that the SFMA monkfish
catch for the period May 1, 1999, through April 30, 2000, is less than
or equal to the Year 1 SFMA TAC, no monkfish trip limit shall apply to
a vessel that is fishing under a monkfish DAS. Such determination shall
be published in the Federal Register.
(iii) Category A and C vessels using trawl gear. Category A and C
vessels exclusively using trawl gear during a monkfish DAS may land up
to 1,500 lb (680 kg) tail-weight or 4,980 lb (2,259 kg) whole weight of
monkfish per DAS (or any prorated combination of tail-weight and whole
weight based on the conversion factor).
(iv) Category B and D vessels using trawl gear. Category B and D
vessels using exclusively trawl gear during a monkfish DAS may land up
to 1,000 lb (454 kg) tail-weight or 3,320 lb (1,506 kg) whole weight of
monkfish per DAS (or any prorated combination of tail-weight and whole
weight based on the conversion factor).
(v) Vessels using gear other than trawl gear. Any vessel issued a
limited access monkfish permit and using gear other than trawl gear
during a monkfish DAS may land up to 300 lb (136 kg) tail-weight or 996
lb (452 kg) whole weight of monkfish per DAS (or any prorated
combination of tail-weight and whole weight based on the conversion
factor).
(vi) Administration of landing limits. The procedures in
Sec. 648.86 for administering the trip limit for cod under the NE
Multispecies FMP apply to landings of monkfish during a monkfish DAS.
(A) A vessel owner or operator may not exceed the monkfish trip
limit based on monkfish DAS accrued at the time of landing unless the
vessel has sufficient monkfish DAS to account for such overage and the
landing of such overage is consistent with Sec. 648.86. Vessels
calling-out of the monkfish DAS program under Sec. 648.10(c)(3) that
have utilized only part of a monkfish DAS (less than 24 hours) may land
up to an additional full daily trip limit of monkfish as specified in
paragraphs (b)(2)(iii), (iv), and (v) of this section for that part of
a monkfish DAS; however, such vessels may not end any subsequent trip
with monkfish on board within the 24-hour period following the
[[Page 7614]]
beginning of the part of the monkfish DAS utilized (e.g., a vessel that
has called-in to the monkfish DAS program at 3 p.m. on a Monday and
ends its trip the next day (Tuesday) at 4 p.m.(accruing a total of 25
hours) may legally land up to twice the trip limit of monkfish as
specified in paragraphs (b)(2)(iii), (iv), and (v) of this section, but
the vessel may not end any subsequent trip with monkfish on board until
after 3 p.m. on the following day (Wednesday)).
(B) Landing in excess of trip limits. A vessel subject to the
monkfish landing limit restrictions described in paragraphs
(b)(2)(iii), (iv) and (v) of this section may come into port with and
offload monkfish in excess of the landing limit as determined by the
number of monkfish DAS elapsed since the vessel called into the
monkfish DAS program, provided that the landing of such overage is
consistent with Sec. 648.86, and provided that:
(1) The vessel operator does not call-out of the monkfish DAS
program as described under Sec. 648.10(c)(3) and does not depart from a
dock or mooring in port to engage in fishing, unless transiting as
allowed in paragraph (e) of this section, until sufficient time has
elapsed to account for and justify the amount of monkfish harvested at
the time of offloading, regardless of whether all of the monkfish on
board is offloaded (e.g., a vessel with a Category A or Category C
permit that has called-in to the monkfish DAS program at 3 p.m. on
Monday that fishes and comes back into port at 4 p.m. on Wednesday of
that same week with 6,000 lb (2,722 kg) tail-weight or 19,920 lb (9,036
kg) whole weight of monkfish--or a vessel with a Category B or Category
D permit that has called-in to the monkfish DAS program at 3 p.m. on
Monday that fishes and comes back into port at 4 p.m. on Wednesday of
that same week with 4,000 lb (1,814 kg) tail-weight or 13,280 lb (6,024
kg) whole weight of monkfish and offloads some or all of its catch--
cannot call out of the monkfish DAS program or leave port until 3:01
p.m. the next day, Thursday (i. e., 3 days plus one minute)); and
(2) Upon returning to port and before offloading, the vessel
operator notifies the Regional Administrator and provides the following
information: Vessel name and permit number, port landed, owner and
caller name, monkfish DAS confirmation number, phone number, the hail
weight of monkfish or monkfish tails on board, and the amount of
monkfish to be offloaded, if any. A vessel that has not exceeded the
landing limit and is offloading and ending its trip by calling out of
the monkfish DAS program does not have to report under this call-in
system. Also, calling out of a fishery's DAS program when fishing under
DAS for two fisheries at the same time may be done independently of
each fishery. For example, a vessel that has been fishing under a
multispecies or scallop DAS and a monkfish DAS at the same time and is
reporting an overage in its monkfish landing limit does not have to
call out of its multispecies or scallop DAS, and vice-versa.
(C) A vessel that has not exceeded the monkfish landing limit
restrictions described in paragraphs (b)(2)(iii) and (iv) of this
section and that is offloading some or all of its catch without calling
out of the monkfish DAS program under Sec. 648.10(c)(3) is subject to
the call-in requirement described in paragraph (b)(2)(vi)(B)(2) of this
section.
(3) Category C and D vessels fishing during a multispecies DAS
prior to May 1, 2002--(i) NFMA. There is no monkfish trip limit for a
Category C or D vessel that is fishing under a multispecies DAS
exclusively in the NFMA.
(ii) SFMA. If any portion of a trip is fished only under a
multispecies DAS, and not under a monkfish DAS, in the SFMA, the vessel
may land up to 300 lb (136 kg) tail-weight or 996 lb (452 kg) whole
weight of monkfish per DAS if trawl gear is used exclusively during the
trip, or 50 lb (23 kg) tail-weight or 166 lb (75 kg) whole weight if
gear other than trawl gear is used during the trip.
(iii) Transiting. A vessel that harvested monkfish in the NFMA may
transit the SFMA and possess monkfish in excess of the SFMA landing
limit provided such vessel complies with the provisions of
Sec. 648.94(e).
(4) Category C and D vessels fishing during a multispecies DAS from
May 1, 2002, and thereafter--(i) NFMA. Any Category C or D vessel that
is fishing under a multispecies DAS in the NFMA may land up to 300 lb
(136 kg) tail-weight or 996 lb (452 kg) whole weight of monkfish per
DAS, or 25 percent of the total weight of fish on board, whichever is
less.
(ii) SFMA. If any portion of a trip is fished only under a
multispecies DAS and not under a monkfish DAS in the SFMA, a vessel
issued a Category C or D permit may land up to 300 lb (136 kg) tail-
weight or 996 lb (452 kg) whole weight of monkfish per DAS, or 25
percent of the total weight of fish on board, whichever is less, if
trawl gear is used exclusively during the trip, or 50 lb (23 kg) tail-
weight or 166 lb (75 kg) whole weight if gear other than trawl gear is
used during the trip.
(5) Category C and D vessels fishing under the scallop DAS program
prior to May 1, 2002. A category C or D vessel fishing under a scallop
DAS with a dredge on board, or under a net exemption provision as
specified at Sec. 648.51(f), may land up to 300 lb (136 kg) tail-weight
or 996 lb (452 kg) whole weight of monkfish per DAS (or any prorated
combination of tail-weight and whole weight based on the conversion
factor).
(6) Category C and D vessels fishing under the scallop DAS program
from May 1, 2002, and thereafter. A category C or D vessel fishing
under a scallop DAS with a dredge on board may land up to 200 lb (91
kg) tail-weight or 664 lb (301 kg) whole weight of monkfish per DAS (or
any prorated combination of tail-weight and whole weight based on the
conversion factor).
(c) Vessels issued a monkfish incidental catch permit--(1) Vessels
fishing under a multispecies DAS--(i) NFMA. Vessels issued a monkfish
incidental catch permit fishing under a multispecies DAS exclusively in
the NFMA may land up to 300 lb (136 kg) tail-weight or 996 lb (452 kg)
whole weight of monkfish per DAS (or any prorated combination of tail-
weight and whole weight based on the conversion factor), or 25 percent
of the total weight of fish on board, whichever is less.
(ii) SFMA. If any portion of the trip is fished by a vessel issued
a monkfish incidental catch permit under a multispecies DAS in the
SFMA, the vessel may land up to 50 lb (23 kg) tail-weight or 166 lb (75
kg) whole weight of monkfish per DAS (or any prorated combination of
tail-weight and whole weight based on the conversion factor).
(2) Scallop dredge vessels fishing under a scallop DAS--(i) Prior
to May 1, 2002. A scallop dredge vessel issued a monkfish incidental
catch permit fishing under a scallop DAS may land up to 300 lb (136 kg)
tail-weight or 996 lb (452 kg) whole weight of monkfish per DAS (or any
prorated combination of tail-weight and whole weight based on the
conversion factor).
(ii) From May 1, 2002, and thereafter. A scallop dredge vessel
issued a monkfish incidental catch permit fishing under a scallop DAS
may land up to 200 lb (91 kg) tail-weight or 664 lb (301 kg) whole
weight of monkfish per DAS (or any prorated combination of tail-weight
and whole weight based on the conversion factor).
(3) Vessels not fishing under a monkfish, multispecies or scallop
DAS--(i) Vessels fishing in the GOM/GB, SNE and MA Regulated Mesh Areas
with large mesh. A vessel issued a valid monkfish incidental catch
permit and
[[Page 7615]]
fishing in the GOM/GB or SNE RMAs with large mesh as defined in
Sec. 648.80(a)(2)(i) and (b)(2)(i), respectively, or fishing in the MA
RMA with mesh no smaller than specified at Sec. 648.104(a)(1), while
not on a monkfish, multispecies, or scallop DAS, may possess, retain,
and land monkfish (whole or tails) only up to 5 percent of the total
weight of fish on board.
(ii) [Reserved]
(4) Vessels fishing with small mesh. A vessel issued a valid
monkfish incidental catch permit and fishing with mesh smaller than the
mesh size specified by area in paragraph (c)(3) of this section, while
not on a monkfish, multispecies, or scallop DAS, may possess, retain,
and land only up to 50 lb (23 kg) tail-weight or 166 lb (75 kg) whole
weight of monkfish per trip.
(5) Small vessels. A vessel issued a limited access multispecies
permit and a valid monkfish incidental catch permit that is
30 feet (9.1 m) in length and that elects not to fish under the
multispecies DAS program may possess, retain, and land up to 50 lb (23
kg) tail-weight or 166 lb (75 kg) whole weight of monkfish per trip,
regardless of the weight of other fish on board.
(6) Vessels fishing with handgear. A vessel issued a valid monkfish
incidental catch permit and fishing exclusively with rod and reel or
handlines with no other fishing gear on board, while not on a monkfish,
multispecies, or scallop DAS, may possess, retain, and land up to 50 lb
(23 kg) tail-weight or 166 lb (75 kg) whole weight of monkfish per
trip, regardless of the weight of other fish on board.
(d) Monkfish liver landing restrictions. (1) A vessel authorized to
land monkfish under this part may possess or land monkfish livers up to
25 percent of the tail-weight of monkfish, or up to 10 percent of the
whole weight of monkfish, per trip, except as provided under paragraph
(d)(2) of this section.
(2) If a vessel possesses or lands both monkfish tails and whole
monkfish, the vessel may land monkfish livers up to 10 percent of the
whole weight of monkfish per trip using the following weight ratio:
(0.10) x [(tail weight x 3.32) + (whole fish x 1)]
NOTE: The value 3.32 is the live weight conversion for tails and
the value of 1 is the live weight conversion for fish landed in a whole
condition.
(e) Transiting. A vessel that has declared into the NFMA for the
purpose of fishing for monkfish, or a vessel that is subject to less
restrictive measures in the NFMA, may transit the SFMA, provided that
the vessel does not harvest or possess monkfish from the SFMA and that
the vessel's fishing gear is properly stowed and not available for
immediate use in accordance with Sec. 648.81(e). A vessel that has
exceeded the monkfish landing limit as specified in paragraphs
(b)(2)(iii), (iv), and (v) of this section and is, therefore, subject
to remain in port for the period of time described in paragraph
(b)(2)(vi)(B) of this section, may transit to another port during this
time, provided that the vessel operator notifies the Regional
Administrator either at the time the vessel reports its hailed tail-
weight or whole weight of monkfish or at a later time prior to
transiting, and provides the following information: Vessel name and
permit number, destination port, time of departure, and estimated time
of arrival. A vessel transiting under this provision must stow its gear
in accordance with one of the methods specified in Sec. 648.81(e), and
may not have any fish on board the vessel.
(f) Area declaration. Should the trip limits specified in
paragraphs (b)(2)(iii), (iv), (v), and (vi) of this section be
implemented under paragraph (b)(2) of this section, a vessel, in order
to fish for monkfish under a monkfish DAS in the NFMA, must declare
into that area for a period of not less than 30 days. A vessel that has
not declared into the NFMA under this paragraph will be presumed to
have fished in the SFMA under the more restrictive requirements of that
area. Such restrictions will apply to the entire trip. A vessel that
has declared its intent to fish in the NFMA may transit the SFMA,
provided that it complies with the transiting provisions described in
paragraph (e) of this section.
(g) Other landing restrictions. Vessels are subject to any other
applicable landing restrictions of this part.
Sec. 648.96 Monkfish framework specifications.
(a) Annual review. The Monkfish Monitoring Committee (MMC) will
meet on or before November 15 of each year to develop target TACs for
the upcoming fishing year and options for NEFMC and MAFMC consideration
on any changes, adjustment, or additions to DAS allocations, trip
limits, size limits, or other measures necessary to achieve the
Monkfish FMP goals and objectives.
(1) The MMC will review available data pertaining to discards and
landings, DAS, and other measures of fishing effort; stock status and
fishing mortality rates; enforcement of and compliance with management
measures; and any other relevant information.
(2) Based on this review, the MMC will recommend target TACs and
develop options necessary to achieve the Monkfish FMP goals and
objectives, which may include a preferred option. The MMC must
demonstrate through analysis and documentation that the options it
develops are expected to meet the Monkfish FMP goals and objectives.
The MMC may review the performance of different user groups or fleet
sectors in developing options. The range of options developed by the
MMC may include any of the management measures in the Monkfish FMP,
including, but not limited to: closed seasons or closed areas; minimum
size limits; mesh size limits; net limits; liver to monkfish landings
ratios; annual monkfish DAS allocations and monitoring; trip or
possession limits (possibly expressed as a daily limit and possibly
administered via a running clock); blocks of time out of the fishery;
gear restrictions; transferability of permits and permit rights or
administration of vessel upgrades, vessel replacement, or permit
assignment; and other frameworkable measures presently included in
Secs. 648.55 and 648.90.
(3) The Councils will review the recommended target TACs and all of
the options developed by the MMC and other relevant information,
consider public comment, and develop a recommendation to meet the
Monkfish FMP objectives, consistent with other applicable law. The
Councils may delegate authority to the Joint Monkfish Oversight
Committee to conduct an initial review of the options developed by the
MMC. The oversight committee would review the options developed by the
MMC and any other relevant information, consider public comment, and
make a recommendation to the Councils. If the Councils do not submit a
recommendation that meets the Monkfish FMP objectives and is consistent
with other applicable law, the Regional Administrator may adopt any
option developed by the MMC unless rejected by either Council, provided
such option meets the Monkfish FMP objectives and is consistent with
other applicable law. If either the NEFMC or MAFMC has rejected all
options, then the Regional Administrator may select any measure that
has not been rejected by both Councils.
(4) Based on this review, the Councils will submit a recommendation
to the Regional Administrator of any changes, adjustments, or additions
to management measures necessary to achieve the Monkfish FMP's goals
and objectives. Included in the Councils' recommendation will be
supporting documents, as appropriate, concerning the environmental and
economic
[[Page 7616]]
impacts of the proposed action and the other options considered by the
Councils. Documentation and analyses for the framework adjustment will
be available at least 2 weeks before the first of the final two
meetings at each Council. Management adjustments or amendments for
monkfish will require majority approval of each Council for submission
to the Secretary.
(5) If the Councils submit, on or before January 7 of each year, a
recommendation to the Regional Administrator after one framework
meeting, and the Regional Administrator concurs with the
recommendation, the recommendation will be published in the Federal
Register as a proposed rule. The Federal Register notification of the
proposed action will provide a 30-day public comment period. The
Councils may instead submit their recommendation on or before February
1 if they choose to follow the framework process outlined in paragraph
(c) of this section and request that the Regional Administrator publish
the recommendation as a final rule. If the Regional Administrator
concurs that the Councils' recommendation meets the Monkfish FMP
objectives and is consistent with other applicable law, and determines
that the recommended management measures should be published as a final
rule, the action will be published as a final rule in the Federal
Register. If the Regional Administrator concurs that the recommendation
meets the Monkfish FMP objectives and is consistent with other
applicable law and determines that a proposed rule is warranted, and,
as a result, the effective date of a final rule falls after the start
of the fishing year, fishing may continue. However, DAS used by a
vessel on or after the start of a fishing year will be counted against
any DAS allocation the vessel ultimately receives for that year.
(6) If the Regional Administrator concurs in the Councils'
recommendation, a final rule will be published in the Federal Register
about a month before each fishing year. If the Councils fail to submit
a recommendation to the Regional Administrator by February 1 that meets
the Monkfish FMP goals and objectives, the Regional Administrator may
publish as a proposed rule one of the MMC options reviewed and not
rejected by either Council, provided that the option meets the Monkfish
FMP objectives and is consistent with other applicable law. If the
Councils fail to submit a recommendation that meets the objectives and
is consistent with other applicable law, the Regional Administrator may
adopt any option developed by the MMC, unless it was rejected by either
the New England or Mid-Atlantic Council, provided the option meets the
objective and is consistent with other applicable law. If, after
considering public comment, the Regional Administrator decides to
approve the option published as a proposed rule, the action will be
published as a final rule in the Federal Register.
(b) Three-year review of biological objectives and reference
points. The MMC will meet on or before November 15, 2001, to evaluate
threshold and target biological reference points. If adjustments are
required, a framework action will be initiated to replace the existing
(``default'') measures scheduled to take effect on May 1, 2002 (Year
4). The framework process would include a comprehensive evaluation,
conducted by the MMC during 2001, of the effectiveness of the
management measures to reduce mortality below the overfishing threshold
and allow rebuilding within (at that time) 6 years. If a change is
required, the framework process would follow the procedure described in
paragraph (a) of this section, but may also include an adjustment of
the overfishing definition.
(c) Within season management action. Either Council, or the joint
Monkfish Oversight Committee (subject to the approval of the Councils
chairmen), may at any time initiate action to add or adjust management
measures if it is determined that action is necessary to meet or be
consistent with the goals and objectives of the Monkfish FMP. Framework
adjustments will require at least one initial meeting (the agenda must
include notification of the framework adjustment proposal) and at least
two Council meetings, one at each Council. Documentation and analyses
for the framework adjustment will be available at least 2 weeks before
the first of the final two meetings at each Council. Management
adjustments or amendments for monkfish will require majority approval
of each Council for submission to the Secretary.
(1) Adjustment process. After a management action has been
initiated, the Councils will develop and analyze appropriate management
actions over the span of at least two Council meetings, one at each
Council. The Councils will provide the public with advance notice of
the availability of both the proposals and the analysis, and
opportunity to comment on them prior to the first of the two final
Council meetings. The Councils' recommendation on adjustments or
additions to management measures must come from one or more of the
following categories: closed seasons or closed areas; minimum size
limits; mesh size limits; net limits; liver to monkfish landings
ratios; annual monkfish DAS allocations and monitoring; trip or
possession limits (possibly expressed as a daily limit and possibly
administered via a running clock); blocks of time out of the fishery;
gear restrictions; transferability of permits and permit rights or
administration of vessel upgrades, vessel replacement, or permit
assignment; and other frameworkable measures presently included in
Secs. 648.55 and 648.90.
(2) Adjustment process for gear conflicts. The Councils may develop
a recommendation on measures to address gear conflict as defined under
Sec. 600.10 of this chapter, in accordance with the procedure specified
in Sec. 648.55(d) and (e).
(3) Councils' recommendation. After developing management actions
and receiving public testimony, the Councils will make a recommendation
to the Regional Administrator. The Councils' recommendation must
include supporting rationale and, if management measures are
recommended, an analysis of impacts and a recommendation to the
Regional Administrator on whether to issue the management measures as a
final rule. If the Councils recommend that the management measures
should be issued as a final rule, the Councils must consider at least
the following four factors and provide support and analysis for each
factor considered:
(i) Whether the availability of data on which the recommended
management measures are based allows for adequate time to publish a
proposed rule, and whether regulations have to be in place for an
entire harvest/fishing season;
(ii) Whether there has been adequate notice and opportunity for
participation by the public and members of the affected industry in the
development of the Councils' recommended management measures;
(iii) Whether there is an immediate need to protect the resource or
to impose management measures to resolve gear conflicts; and
(iv) Whether there will be a continuing evaluation of management
measures adopted following their implementation as a final rule.
(4) Regional Administrator action. If the Councils' recommendation
includes adjustments or additions to management measures and, after
reviewing the Councils' recommendation and supporting information:
(i) If the Regional Administrator concurs with the Councils'
recommended management measures
[[Page 7617]]
and determines that the recommended management measures should be
issued as a final rule based on the factors specified in paragraph
(c)(3) of this section, the measures will be issued as a final rule in
the Federal Register.
(ii) If the Regional Administrator concurs with the Councils'
recommendation and determines that the recommended management measures
should be published first as a proposed rule, the measures will be
published as a proposed rule in the Federal Register. After additional
public comment, if the Regional Administrator concurs with the
Councils' recommendation, the measures will be issued as a final rule
in the Federal Register.
(iii) If the Regional Administrator does not concur, the Councils
will be notified in writing of the reasons for the non-concurrence.
(d) Emergency action. Nothing in this section is meant to derogate
from the authority of the Secretary to take emergency action under
section 305(c) of the Magnuson-Stevens Act.
[FR Doc. 99-3506 Filed 2-9-99; 5:03 pm]
BILLING CODE 3510-22-F
