Fisheries of the Northeastern United States; Northeast Multispecies and Monkfish Fisheries; Monkfish Fishery Management Plan

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)

ackburn 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

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.

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

y 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

c 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

n 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

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

provements 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

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

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

``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

tain 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

ich 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.)

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

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:

ss 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

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

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

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

rmit - 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

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

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

ng 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

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

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

ts. 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

nkfish 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

n 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

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.

oduction 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.

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)

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.

(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

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.

hich 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

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

ommittee 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.

sh 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.

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 that upgraded from a vessel size 2 (0.81 m2)).

Sec. 648.92 Effort-control program for monkfish limited access

vessels.

on 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 that upgraded from a vessel size 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).

ited 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.

pation 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.

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.

(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)

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

h 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.

(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.

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.

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

he 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

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:

l 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

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.

ultispecies 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.

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).

bination 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

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.

nkfish 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

ishing 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.

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

C 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

r 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

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

, 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

efore 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.

omprehensive 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

cess. 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:

e 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

and determines that the recommended management measures should be

issued as a final rule based on the factors specified in paragraph

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

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