Rule2024-29861
Fisheries of the Northeastern United States; Framework Adjustment 15 to the Monkfish Fishery Management Plan; Framework Adjustment 6 to the Spiny Dogfish Fishery Management Plan
Primary source
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Published
December 18, 2024
Effective
May 1, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is implementing regulations for Framework Adjustment 15 to the Monkfish Fishery Management Plan/Framework Adjustment 6 to the Spiny Dogfish Fishery Management Plan, which the New England and Mid- Atlantic Fishery Management Councils jointly recommended and NMFS approved. This action establishes area-based gear requirements for vessels fishing with gillnets in the monkfish fishery, starting on January 1, 2026, and for vessels fishing with gillnets in the spiny dogfish fishery starting on May 1, 2025. This action is necessary to minimize bycatch of Atlantic sturgeon in the monkfish and spiny dogfish fisheries to the extent practicable and fulfill requirements of the Biological Opinion on Ten Fishery Management Plans in the Greater Atlantic Region and the New England Fishery Management Council's Omnibus Habitat Amendment 2.
Full Text
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<title>Federal Register, Volume 89 Issue 243 (Wednesday, December 18, 2024)</title>
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[Federal Register Volume 89, Number 243 (Wednesday, December 18, 2024)]
[Rules and Regulations]
[Pages 102834-102839]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29861]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 241212-0325]
RIN 0648-BN01
Fisheries of the Northeastern United States; Framework Adjustment
15 to the Monkfish Fishery Management Plan; Framework Adjustment 6 to
the Spiny Dogfish Fishery Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS is implementing regulations for Framework Adjustment 15
to the Monkfish Fishery Management Plan/Framework Adjustment 6 to the
Spiny Dogfish Fishery Management Plan, which the New England and Mid-
Atlantic Fishery Management Councils jointly recommended and NMFS
approved. This action establishes area-based gear requirements for
vessels fishing with gillnets in the monkfish fishery, starting on
January 1, 2026, and for vessels fishing with gillnets in the spiny
dogfish fishery starting on May 1, 2025. This action is necessary to
minimize bycatch of Atlantic sturgeon in the monkfish and spiny dogfish
fisheries to the extent practicable and fulfill requirements of the
Biological Opinion on Ten Fishery Management Plans in the Greater
Atlantic Region and the New England Fishery Management Council's
Omnibus Habitat Amendment 2.
DATES: Effective May 1, 2025.
ADDRESSES: Copies of the Framework 15/Framework 6 document, including
the Regulatory Flexibility Act Analysis and other supporting documents
for the measures, are available from Dr. Cate O'Keefe, Executive
Director, New England Fishery Management Council, 50 Water Street, Mill
2, Newburyport, MA 01950 and Dr. Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery Management Council, 800 North State
Street, Suite 201, Dover, DE 19901. The Framework 15/Framework 6
document is also accessible via the internet at: <a href="https://www.nefmc.org/management-plans/monkfish">https://www.nefmc.org/management-plans/monkfish</a> or <a href="https://www.mafmc.org/dogfish">https://www.mafmc.org/dogfish</a>.
FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Policy
Analyst, (978) 281-9232.
SUPPLEMENTARY INFORMATION:
Background
The New England Fishery Management Council (New England Council)
and the Mid-Atlantic Fishery Management Council (Mid-Atlantic Council)
(collectively, the Councils) jointly manage both the Monkfish and Spiny
Dogfish Fishery Management Plans (FMP). The New England Council is the
administrative lead for the Monkfish FMP, while the Mid-Atlantic
Council is the lead for the Dogfish FMP.
NMFS issued a Biological Opinion on May 27, 2021, that considered
the effects of the authorization of two interstate fishery management
plans (ISFMP) and eight Federal FMPs, including the Monkfish and Spiny
Dogfish FMPs, on Endangered Species Act (ESA)-listed species and
designated critical habitat through a formal Section 7 consultation.
The Biological Opinion determined that NMFS's authorization of the
eight FMPs and two ISFMPs may adversely affect, but is not likely to
jeopardize, Atlantic sturgeon. The Biological Opinion included an
Incidental Take Statement and Reasonable and Prudent Measures (RPM)
with accompanying Terms and Conditions to minimize the impacts of
incidental take of Atlantic sturgeon. The RPMs required that NMFS
convene a working group to review all of the available information on
Atlantic sturgeon bycatch in the federally permitted large-mesh gillnet
fisheries and, by May 27, 2022, develop an Action Plan to reduce
Atlantic sturgeon bycatch in these fisheries by 2024.
NMFS initially issued the Action Plan on May 26, 2022, and revised
it on September 26, 2022, to incorporate feedback from the Councils and
public. The Councils subsequently developed this joint framework
action--Framework 15 to the Monkfish FMP and Framework 6 to the Dogfish
FMP--to address the recommendations of the Action Plan and fulfill the
requirements of the Biological Opinion.
Under the Magnuson-Stevens Fishery Conservation and Management Act,
we approve, disapprove, or partially approve measures that the Councils
propose, based on consistency with the Act and other applicable law. We
review proposed regulations for consistency with the FMP, plan
amendment, the Magnuson-Stevens Act and other applicable law, and
publish the proposed regulations, solicit public comment, and
promulgate the final regulations. We have approved all of the measures
in this joint framework action recommended by the Councils, as
described below. The measures implemented in this final rule:
<bullet> Require vessels fishing on a monkfish day-at-sea (DAS)
within the New Jersey Atlantic Sturgeon Bycatch Reduction Area to use
low-profile gillnet gear, beginning on January 1, 2026;
<bullet> Prohibit dogfish vessels fishing in the New Jersey
Atlantic Sturgeon Bycatch Reduction Area from leaving gillnet gear in
the water overnight during the months of May and November, effective
May 1, 2025; and
<bullet> Prohibit dogfish vessels fishing in the Delaware and
Maryland Atlantic Sturgeon Bycatch Reduction Area and Virginia Atlantic
Sturgeon Bycatch Reduction Area from leaving gillnet gear in the water
overnight from November through March, effective May 1, 2025.
Approved Measures
1. Low-Profile Gillnet Gear
The regulations implemented by this final rule require vessels
fishing on a Monkfish DAS within the New Jersey Atlantic Sturgeon
Bycatch Reduction Area that are using large mesh (i.e., greater than or
equal to 10 inches (25.4 centimeters (cm)) to use low-profile gillnet
gear, beginning on January 1, 2026. Low-profile gillnet gear is defined
in this final rule as having:
<bullet> Mesh size ranging from 12 to 13 inches (30.48 to 33.02
cm);
<bullet> Net height ranging from 6 to 8 meshes tall;
<bullet> Net length of 300 feet (91.44 meters (m));
<bullet> Tie-down length of less than or equal to 30 inches (76.2
cm);
[[Page 102835]]
<bullet> Tie-down spacing of 12 feet (3.66 m);
<bullet> Primary hanging ratio of 0.50;
<bullet> Twine size of 0.81 millimeters (mm); and
<bullet> Tie downs at every float to keep the float line down.
These characteristics are intended to reduce interaction with
Atlantic sturgeon by reducing the likelihood that Atlantic sturgeon
high in the water column will become entangled, by allowing smaller
sturgeon to swim through the larger mesh, and by allowing the larger
sturgeon to break the mesh.
The requirement to use low-profile gillnet gear within the New
Jersey Atlantic Sturgeon Bycatch Reduction Area will begin on January
1, 2026, as recommended by the Councils, to allow for the twine size to
be considered under Marine Mammal Protection Act (MMPA) provisions and
to provide time for affected members of the fishing industry to
transition to new gear. The definition of the low-profile gillnet gear
requires a twine size of 0.81 mm; however, this conflicts with current
Harbor Porpoise Take Reduction Plan (HPTRP) Regulations, which require
that large-mesh gillnet gear in the waters off the New Jersey
Management Area have a twine size at least 0.9 mm in diameter from
January 1 through April 30, except during April 1 through April 20 (50
CFR 229.34(b)(1)(ii)). The Harbor Porpoise Take Reduction Team (HPTRT)
was asked by the Councils to consider whether this requirement could be
modified to reduce the twine size required in the HPTRP regulations. On
June 28, 2024, the HPTRT received a presentation regarding the
potential impact of 0.81 mm mesh on harbor porpoise; the analysis
presented showed that allowing the 0.81-mm twine size would not be
anticipated to cause a statistically significant change in harbor
porpoise bycatch relative to current conditions. The HPTRT did not
voice any concerns over the proposed change in gear configuration nor
the analysis of possible effects.
The low-profile gillnet design is a new gear configuration for a
large majority of the fleet. The transition to the new gear will
require construction of new nets, which may take time on the part of
gear manufacturers, who are limited in number. Thus, delaying this
requirement until January 1, 2026, provides industry with the time
necessary to acquire and familiarize itself with the new selective
gear.
2. Overnight Soak Prohibitions
Within the New Jersey Atlantic Sturgeon Bycatch Reduction Area,
this action requires federally permitted spiny dogfish vessels fishing
with roundfish gillnets (i.e., not tie-down gillnets) with a mesh size
of 5 to 10 inches (12.7 to 25.4 cm) to remove nets from the water by 8
p.m. Eastern Time (ET) each day until 5 a.m. ET the following day. This
requirement will be in place from May 1 through May 31 and November 1
through November 30 of each year, beginning May 1, 2025. This seasonal
requirement is based on observer data showing that, of sturgeon takes
observed from 2017-2019 and 2021-2022, takes by dogfish vessels within
the New Jersey Atlantic Sturgeon Bycatch Reduction Area during May and
November accounted for a combined 23 percent of all observed takes by
dogfish vessels during the time period.
In the Delaware and Maryland Sturgeon Bycatch Area and in the
Virginia Atlantic Sturgeon Bycatch Reduction Area, this action requires
federally permitted spiny dogfish vessels fishing with roundfish
gillnets (i.e., not tie-down gillnets) with a mesh size of 5.25 to 10
inches (13.34 to 25.4 cm) to remove nets from the water by 8 p.m. ET
each day until 5 a.m. ET the following day. This requirement is in
place from November 1 through March 31 each year, beginning May 1,
2025. This seasonal requirement is based on observer data showing that,
of sturgeon takes observed from 2017-2019 and 2021-2022, takes by
dogfish vessels within the Delaware and Maryland Bycatch Reduction Area
and in the Virginia Sturgeon Bycatch Reduction Area from November
through March accounted for 59 percent of all observed takes by dogfish
vessel during the time period.
Implementing an overnight soak restriction for these vessels in the
Atlantic Sturgeon Bycatch Reduction Areas during these seasons is
expected to reduce the amount of Atlantic sturgeon bycatch, but the
amount of that reduction is not certain. Within these areas, the
overnight soak prohibitions effectively restrict the length of time
gillnets could be soaked by dogfish vessels to a maximum of 15 hours.
Bycatch mortality increases as soak time increases, and this
restriction will cap soak time at levels where mortality is lower. As a
result, the overnight soak prohibitions and the resulting reduction in
overall soak time in the fishery are expected to greatly reduce the
mortality of Atlantic sturgeon that are caught in nets within the
Atlantic Sturgeon Bycatch Reduction Areas.
Comments and Responses
We received a total of 32 comments during the public comment period
for the proposed rule. Of the 32 individual comments received, 17 were
unique comments, and 15 were a form letter with identical, or close to
identical, contents, but submitted by different individuals. Of the 32
individual comments received, 6 opposed the proposed measures, 1 fully
supported the proposed measures, 1 supported the action but suggested
improvements, and the remaining 25 suggested changes to the action, but
did not clearly offer either support or opposition for the action.
Comments in Support
Comment 1: One member of the public generally supported the
proposed measures, noting their agreement that Atlantic sturgeon
bycatch should be limited. The commenter also provided feedback on the
proposed rule. First, the commenter suggested that more information
should be provided regarding the population levels for Atlantic
sturgeon, monkfish, and spiny dogfish. The commenter also questioned
why shortnose sturgeon was not included in this action. Finally, the
commenter suggested additional modifications and requirements for large
mesh gillnet gear that they suggested would reduce bycatch of Atlantic
sturgeon. These were breakaway panels, net slack requirements, and
depth restrictions.
Response: NMFS agrees that reduction in Atlantic sturgeon bycatch
is important for marine conservation and stewardship. The Environmental
Assessment (EA) for this action (see ADDRESSES) contains detailed
information regarding target species (e.g., monkfish and dogfish),
Atlantic sturgeon, and other species affected and potentially affected
by the action (including shortnose sturgeon). Regarding additional gear
modifications suggested in the comment, the low-profile gillnet design
was derived from completed scientific work specifically focusing on
reducing Atlantic sturgeon bycatch in the gillnet fisheries. Additional
research would need to be conducted to determine the impact of the
modifications and requirements on sturgeon bycatch, other species, and
directed fisheries prior to consideration under the Council process for
implementation in the gillnet fisheries.
Comment 2: The Center for Biological Diversity commented that it
supports efforts to reduce and eliminate bycatch of marine species,
including Atlantic sturgeon. The Center for Biological
[[Page 102836]]
Diversity did not have specific comments regarding the measures being
proposed, but stated that we should more explicitly consider the
impacts of derelict fishing gear on the environment within the EA for
this action and within other analyses conducted by the agency.
Response: We note the Center for Biological Diversity's support of
the action to reduce bycatch of Atlantic sturgeon. NMFS does not expect
the measures in this action to have a measurable impact on the
incidence of derelict fishing gear either positively or negatively,
though some reduction in derelict fishing gear may result if fishing
effort is reduced. As such, we have determined that there is no need to
update the EA for this action in response to this comment.
Comments in Opposition Comment 3: One member of the public opposed
regulations for the fishing industry in general.
Response: While NMFS acknowledges the commenter's concern,
regulations are the means by which measures contained in an FMP can be
implemented and effectuated. Such regulations can be developed by the
agency on its own, pursuant to the authority of MSA section 305(d), or,
as here, through Council-recommended regulations pursuant to section
303(c). NMFS is required by section 304(b) of the MSA to evaluate
proposed regulations pertaining to the fishing industry that are
submitted by the Councils pursuant to section 303(c) that are deemed to
be necessary and appropriate to implement an FMP. NMFS reviews such
submitted regulations to determine whether they are consistent with the
FMP, the MSA, and other applicable law. As stated in the
Classifications section of this final rule, the NMFS Assistant
Administrator determined that this final rule is consistent with the
Monkfish and Spiny Dogfish FMPs, other provisions of the Magnuson-
Stevens Act, and other applicable law. As such, NMFS is promulgating
these regulations to implement Frameworks 15 and 6.
Comment 4: Two members of the public commented that no action
(Alternative 1 in the EA) should be the preferred alternative and the
action included in this rule (Alternative 5) should not be implemented.
One of the commenters stated that the impacts of no action could be
positive for Atlantic sturgeon compared to the other alternatives.
Response: NMFS disagrees that no action should be taken and that
Alternative 5 is not supported by the impact analysis. Alternative 5 is
expected to reduce Atlantic sturgeon bycatch and mortality in the
gillnet fishery compared to taking no action. The measures implemented
in this action, Alternative 5, balance as much bycatch reduction for
Atlantic sturgeon as possible with as minimal potential impacts on the
monkfish and spiny dogfish fisheries as possible. Other alternatives
that were not included in the proposed rule also would be expected to
reduce Atlantic sturgeon bycatch. Alternatives 2 through 4 would reduce
the bycatch of Atlantic sturgeon more than any other alternatives.
However, they would also have more negative impacts on the monkfish and
dogfish fisheries than other alternatives because they would prevent
operation of the monkfish and spiny dogfish fisheries entirely during
certain times of the year in the Atlantic Sturgeon Bycatch Reduction
Areas. Alternative 5 allows for the continued operation of the monkfish
and spiny dogfish fisheries within the Atlantic sturgeon bycatch
reduction areas, thereby reducing bycatch and mortalities while also
minimizing socioeconomic impacts on the monkfish and spiny dogfish
fisheries.
Low-Profile Gillnet Requirement
Comment 5: One member of the public stated that the proposed
regulations should not explicitly name the low-profile gillnet, arguing
that giving the gear a specific name will result in confusion.
Response: NMFS disagrees that a specific name assigned to the gear
type would result in confusion. There are already several examples of
selective gear types defined in the regulations, including Ruhle Trawl
Sec. 648.80(a)(9)(ii), Rope Separator Trawl Sec. 648.84(e), and
Large-Mesh Belly Panel Trawl Sec. 648.84(f), and there is no evidence
that significant confusion has resulted from that practice. Defining
the low-profile gillnet gear allows for a clear definition of the gear
configuration in the regulations and makes it easier to distinguish it
from other gillnet gear. This also simplifies future modifications to
the specific gear and its required configurations, should they become
necessary.
Comment 6: Two members of the fishing industry, including one HPTRT
member, commented about the potential interactions between, and
possible inadvertent economic impacts of, the HPTRP regulations that
would require a different minimum twine size than the low-profile
gillnet gear minimum twine size. Regarding the HPTRP regulations, the
commenters expressed concern that the 0.81-mm twine size was included
in the definition for low profile gillnet gear while HPTRP regulations
are currently in place include a 0.9-mm minimum twine size. The
commenters assert that if nothing is done to resolve the conflict in
these sets of regulations, then an inadvertent fishery closure could
occur, incurring negative economic impacts typically associated with
fishery closure. The commenters recommended a delay to January 1, 2027,
to resolve this issue.
Response: NMFS expects that the delay in effectiveness of the low-
profile gillnet requirement to January 1, 2026, will provide sufficient
time to resolve the concerns raised by this commenter, and disagrees
that a delay to January 1, 2027, would be necessary at this time.
On June 28, 2024, the HPTRT met and received information regarding
all of the characteristics of the low-profile gillnet, including the
0.81-mm twine size, and the potential impacts of said gear on take of
harbor porpoise. The team did not voice any concerns over the proposed
change in gear configuration or the analysis presented on possible
effects. We expect to propose future alteration of the HPTRP
regulations to accommodate the twine size included in the low-profile
gillnet requirement in this action.
Further, the 0.81-mm twine size was derived from the scientific
research used to inform the development of this action; the inclusion
of 0.81-mm twine size in the low-profile gillnet design is essential to
ensuring that the gear is most effective at reducing bycatch of
Atlantic sturgeon. Removing the twine size specification from the gear
definition would be expected to reduce the efficacy of these
regulations in reducing Atlantic sturgeon bycatch, which is the primary
goal of this action.
Other General Comments
Comment 7: One member of the public questioned whether an
interaction with an Atlantic sturgeon that is released alive should
qualify as a take, instead stating that a take should only be when an
Atlantic sturgeon is killed and landed.
Response: NMFS disagrees with the assertion by this commenter that
a take should only be when an Atlantic sturgeon is killed and landed.
Atlantic sturgeon is protected under the ESA, and the ESA is explicit
in its definition of take. The ESA defines ``take'' to mean ``to
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or
collect, or to attempt to engage in any such conduct.'' 16 U.S.C.
1532(19). Non-lethal, incidental interaction with Atlantic sturgeon
caused by fisheries activity falls into the definition of take as
defined under the ESA.
[[Page 102837]]
Comment 11: One member of the public commented that the action
should consider the impact of offshore wind development on monkfish and
dogfish.
Response: The EA for this action includes a summary of the expected
impacts of offshore wind energy development on monkfish and dogfish
that considered all stages of wind energy development, including
initial site assessment, construction activities, and the completed
wind fields. Each of these could potentially result in a variety of
direct and indirect impacts on the affected species and their marine
habitat. The analysis concludes that the impacts could range from no
impact to moderate negative. However, the impact of offshore wind
energy development on monkfish and dogfish do not change the need for
this action to reduce bycatch of Atlantic sturgeon in the monkfish and
dogfish gillnet fisheries. The analysis can be found in the Cumulative
Effects Analysis (CEA), Section 6.7.2.2.1, of the EA supporting this
action (see ADDRESSES).
Comment 12: One member of the public commented on offshore wind
development in relation to the status of North Atlantic right whales.
Response: The relationship between offshore wind development and
the status of North Atlantic right whales is outside the scope of this
rulemaking.
Economic Impacts
We received several comments from the public regarding the
potential economic impacts of this action on the monkfish and spiny
dogfish fisheries. These comments often made overlapping or
interrelated points. To reduce repetition and ensure ease of
readability, these comments and responses have been summarized and
addressed by issue, rather than by individual comment.
Comment 13: We received 17 comment letters, including those from
the Sustainable Fisheries Association (SFA) and 14 members of the
fishing industry who submitted comments mirroring the language used by
the SFA, that urged a delayed effectiveness for the overnight soak
prohibitions that were proposed. The most commonly requested date for a
delayed effectiveness of this action was May 1, 2025, the start of
fishing year 2025. Each comment cited economic concerns and costs
relating to adjustments to fishing behavior, including changes to mesh
sizes, which vessels would need to make in order to come into
compliance with the overnight soak prohibition regulations. Commenters
asserted that, should the overnight soak prohibition go into effect
before May 1, 2025, there would either not be enough time for vessel
owners to comply with the regulations, or the cost of doing so would be
prohibitively high in a short span of time. As a result, the commenters
stated that they would likely not fish during the seasonal restriction
if no delay was provided. Commenters noted that the dogfish fishery is
dependent on a small number of processors and a relatively small market
that could be negatively impacted by the overnight soak prohibition if
implemented shortly after this rule publishes and before May 1, 2025.
They expressed concern that doing so could result in the loss of
markets and processors for the foreseeable future.
Response: NMFS finds that the request from the public to delay
effectiveness of the overnight soak prohibitions is reasonable and
justified, and that change is reflected in the May 1, 2025,
effectiveness date of this final rule. In making this determination,
NMFS considered the economic implications raised by members of the
public in comparison to the potential impacts on Atlantic sturgeon that
might occur as a result of the delay. NMFS agrees with the argument
that a standard 30-day delayed effectiveness under the Administrative
Procedure Act (APA) may not be sufficient time for industry to adjust
to the regulations being put into place by this final action.
A delay in effectiveness to May 1, 2025, would only eliminate the
seasonal overnight soak prohibition in the Delaware and Maryland
Atlantic Sturgeon Bycatch Reduction Areas from a date 30 days after the
publication of this final rule through March 31, 2025. Though the
measures being approved in this final action do address Atlantic
sturgeon bycatch in the monkfish and dogfish fisheries, the negative
impacts to Atlantic sturgeon that might occur as a result of losing 3
to 4 months of the overnight soak prohibition are unlikely to be
significant. These impacts do not justify implementation after only a
30-day delayed effectiveness given the weight of the economic concerns
that have been raised by the public.
NMFS also notes that delayed effectiveness for gear related
measures is not a novel concept; the low-profile gillnet gear
requirement in the New Jersey Atlantic Sturgeon Bycatch Reduction Area
approved in this very action is delayed until January 1, 2026. The
rationale for that delay was also in part to provide time necessary for
industry to adapt to the regulations being implemented. It would be
inconsistent to accept that rationale when implementing measures that
affect one fishery, while rejecting it for measures implemented for
another, closely related fishery.
Finally, the Atlantic States Marine Fisheries Commission is
currently developing complementary action to address Atlantic sturgeon
bycatch by state-only permitted vessels within the footprint of the
Atlantic Sturgeon Bycatch Reduction Areas being put into place by this
action. A delay in effectiveness to May 1, 2025, reduces or avoids the
potential for mismatched implementation of these regulations and
simplifies enforcement.
Comment 14: We received seven comments that requested that the
overnight soak prohibition in the Delaware and Maryland Atlantic
Sturgeon Bycatch Reduction Area and Virginia Atlantic Sturgeon Bycatch
Reduction Area be effective for mesh sizes greater than 5.25 inches to
10 inches (13.34 to 25.4 cm), rather than for mesh sizes 5.25 inches to
10 inches (13.34 to 25.4 cm). The commenters want to be able to use
5.25-inch (13.34-cm) mesh and noted that there would be a high cost for
vessels to switch gear to less than 5.25-inch (13.34-cm) gear so that
they could continue to fish in the areas.
Response: NMFS is not changing the overnight soak prohibitions in
the Delaware and Maryland Atlantic Sturgeon Bycatch Reduction Area and
the Virginia Atlantic Sturgeon Bycatch Reduction Area in response to
these comments. The Councils' process fully considered what range of
mesh sizes the prohibitions would apply to during the development of
this action, including at Advisory Panel, Joint Committee, and Council
meetings. The Councils were deliberate in their selection of mesh sizes
that would be subject to these regulations in order to most effectively
address Atlantic sturgeon bycatch and mortality. These comments
provided no information that would justify deviation from the range of
mesh sizes recommended by the Councils. NMFS also notes that to address
the economic impact of replacing gear, it is delaying the effective
date of the measures until May 1, 2025. Vessel owners replace gillnets
over time because of wear and tear or loss. The delay in effectiveness
to May 1, 2025, allows vessel owners a longer time frame to voluntarily
replace gillnets due to usual wear and tear with gear that uses smaller
mesh, should they so choose, prior to the effective date of the
overnight soak prohibition.
Comment 15: Four comments were received that generally stated that
this action would result in the weakening or overall loss of the
impacted fisheries
[[Page 102838]]
and associated businesses. Two commenters additionally noted that,
under National Standard 7, the MSA requires ``normal and prudent
measures'' do not impose a financial burden, and that the costs
associated with needing to replace standard gillnet gear with low-
profile gillnet gear would be significant.
Response: NMFS disagrees with the implication that this action is
inconsistent with National Standard 7, which states that ``Conservation
and management measures shall, where practicable, minimize costs and
avoid unnecessary duplication.'' National Standard 7 guidelines also
establish that the supporting analyses for FMPs should demonstrate that
the benefits of fishery regulation are real and substantial relative to
added costs, including costs to the industry for compliance. The EA
includes an analysis of impacts to small entities for the purposes of
the Regulatory Flexibility Act, which does expect some cost to industry
as it complies with the regulations within this action.
As described in the EA (see ADDRESSES), the action in this rule
strikes a balance between ESA requirements to reduce sturgeon bycatch
and the economic impact on the monkfish and dogfish fisheries.
Overnight soak prohibitions for the dogfish fishery and the requirement
for the monkfish fishery to use low-profile gillnet gear in times and
areas with high Atlantic sturgeon take were selected over more
restrictive time and area closures that would have prevented all
fishing by the monkfish and spiny dogfish fisheries in those places and
times. These measures allow the fishery to continue to operate in a
manner that reduces impacts to Atlantic sturgeon. Further, delays in
the effective date of this action are designed to, as much as possible,
mitigate costs incurred by the need to purchase new gear to comply with
the new regulations.
The measures in this action represent the most flexible set of
regulations under consideration while still fulfilling requirements to
reduce Atlantic sturgeon bycatch. As such, this action is consistent
with National Standard 7 of the MSA.
Changes From the Proposed Action
In this final rule, we have made a small number of changes to the
proposed implementing regulations. These changes clarify the proposed
regulatory text, but are not substantive in terms of modifying the
proposed measures. After consulting with the Councils, in this final
rule, we make the following changes to the proposed implementing
regulations:
<bullet> Revise the proposed text at Sec. 648.14(s)(2)(iv) to
replace the word ``Violate'' with ``Fail to comply with.'' This change
makes the regulation consistent with other regulatory text in Sec.
648.14.
<bullet> Revise the proposed text at Sec. 648.91(d)(2)(i) to more
clearly reference the regulations defining and implementing the Mid-
Atlantic Exemption Area at 648.80(c)(5).
Classification
Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that this final rule is
consistent with the Monkfish and Spiny Dogfish FMPs, other provisions
of the Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
During development of this action, NMFS reached out to Tribal
representatives from the coastal Tribes in the Greater Atlantic Region
to seek whether they wanted to engage on this Framework. No response
was received, and as such, NMFS has determined that this action would
not have a substantial direct effect on one or more Indian Tribes, on
the relationship between the Federal Government and Indian Tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian Tribes; therefore, consultation with Tribal
officials under E.O.13175 is not required, and the requirements of
sections (5)(b) and (5)(c) of E.O. 13175 also do not apply. A Tribal
summary impact statement under section (5)(b)(2)(B) and section
(5)(c)(2)(B) of E.O. 13175 is not required and has not been prepared.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. Although we received comments
on the economic impacts of the proposed action, these comments did not
change the factual basis for this certification. Comments on the
economic impacts, and responses to those comments, are included in the
Comments and Responses section of this final rule. As a result, a
regulatory flexibility analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing.
Dated: December 12, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
648 as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. Amend Sec. 648.2, by adding in alphabetical order the definition
for ``low-profile gillnet gear'' to read as follows:
Sec. 648.2 Definitions.
* * * * *
Low-profile gillnet gear means monkfish gillnets that are
constructed with the following characteristics designed to reduce
interaction with Atlantic sturgeon: 12 to 13 inch (30.48 to 33.02 cm)
diamond mesh; Net height of 6 to 8 meshes; Net length of 300 feet
(91.44 m); Tie-down length less than or equal to 30 inches (76.2 cm);
Tie-down spacing of 12 feet (3.66 m); Primary hanging ratio of 0.50
(i.e., the length of webbing is twice that of the length of line used);
Twine size of 0.81 mm; and the net is tied at every float to keep the
float line down.
* * * * *
0
3. Amend Sec. 648.14, by adding paragraphs (m)(3)(iii) and (s)(2)(iv)
to read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(m) * * *
(3) * * *
(iii) Fail to comply with the New Jersey Atlantic Sturgeon Bycatch
Reduction Area requirements specified at Sec. 648.91(d).
* * * * *
(s) * * *
(2) * * *
(iv) Area requirements. Fail to comply with the Atlantic Sturgeon
Bycatch Reduction Areas requirements specified at Sec. 648.234(a).
* * * * *
0
4. Amend Sec. 648.91, by adding paragraph (d) to read as follows:
Sec. 648.91 Monkfish regulated mesh areas and restrictions on gear
and methods of fishing.
* * * * *
[[Page 102839]]
(d) New Jersey Atlantic Sturgeon Bycatch Reduction Area--(1) Area
Definition: The New Jersey Dogfish and Monkfish Atlantic Sturgeon
Bycatch Reduction Area is defined by straight lines connecting the
following points in the order stated:
Table 1 to Paragraph (d)
------------------------------------------------------------------------
Point N lat. W long.
------------------------------------------------------------------------
NJ1................................ 40[deg]24' 73[deg]54'
NJ2................................ 40[deg]9' 73[deg]24'
NJ3................................ 39[deg]30' 73[deg]51'
NJ4................................ 39[deg]48' 74[deg]12'
NJ1................................ 40[deg]24' 73[deg]54'
------------------------------------------------------------------------
(2) Restrictions in the New Jersey Atlantic Sturgeon Bycatch
Reduction Area. Effective year round beginning on January 1, 2026,
vessels may not fish with gillnet gear under a Monkfish DAS within the
New Jersey Atlantic Sturgeon Bycatch Reduction Area unless:
(i) A vessel is fishing on a monkfish-only DAS within the MA
Exemption Area and in accordance with the requirements set forth at
Sec. 648.80(c)(5)(ii), with roundfish gillnets with a mesh size equal
to or greater than 5 inches (12.7 cm) and less than 10 inches (25.4
cm).
(ii) A vessel is fishing with low profile gillnet gear, as defined
in Sec. 648.2.
0
5. Add Sec. 648.234 to read as follows:
Sec. 648.234 Gear restrictions.
(a) New Jersey Atlantic Sturgeon Bycatch Reduction Area--(1) Area
Definition: The New Jersey Dogfish and Monkfish Atlantic Sturgeon
Bycatch Reduction Area is defined by straight lines connecting the
following points in the order stated:
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Point N lat. W long.
------------------------------------------------------------------------
NJ1................................ 40[deg]24' 73[deg]54'
NJ2................................ 40[deg]9' 73[deg]24'
NJ3................................ 39[deg]30' 73[deg]51'
NJ4................................ 39[deg]48' 74[deg]12'
NJ1................................ 40[deg]24' 73[deg]54'
------------------------------------------------------------------------
(2) From May 1 through May 31 and November 1 through November 30 of
each year, vessels issued a Federal spiny dogfish permit must remove
gillnet gear with a mesh size equal to or greater than 5 inches (12.7
cm) and less than 10 inches (25.4 cm) from within the New Jersey
Atlantic Sturgeon Bycatch Reduction Area from 8 p.m. eastern time each
day through 5 a.m. eastern time the following day.
(b) Delaware and Maryland Atlantic Sturgeon Bycatch Reduction
Area--(1) Area Definition: The Delaware and Maryland Atlantic Sturgeon
Bycatch Reduction Area is defined by straight lines connecting the
following points in the order stated:
Table 2 to Paragraph (b)
------------------------------------------------------------------------
Point N lat. W long.
------------------------------------------------------------------------
DM1................................ 38[deg]27' 75[deg]60'
DM2................................ 38[deg]21' 74[deg]48'
DM3................................ 37[deg]30' 75[deg]12'
DM4................................ 37[deg]48' 75[deg]30'
DM1................................ 38[deg]27' 75[deg]60'
------------------------------------------------------------------------
(2) Requirements: From November 1 through March 31 of each year,
vessels issued a Federal spiny dogfish permit must remove roundfish
gillnets with a mesh size equal to or greater than 5.25 inches (13.3
cm) and less than 10 inches (25.4 cm) from the water within the
Delaware and Maryland Atlantic Sturgeon Bycatch Reduction Area from 8
p.m. eastern time each day through 5 a.m. eastern time the following
day.
(c) Virginia Atlantic Sturgeon Bycatch Reduction Area--(1) Area
Definition: The Virginia Atlantic Sturgeon Bycatch Reduction Area is
defined by straight lines connecting the following points in the order
stated:
Table 3 to Paragraph (c)
------------------------------------------------------------------------
Point N lat. W long.
------------------------------------------------------------------------
37[deg]18'......................... 75[deg]54'
VA2................................ 36[deg]48' 75[deg]36'
VA3................................ 36[deg]33' 75[deg]51'
VA4................................ 36[deg]54' 76[deg]6'
VA1................................ 37[deg]18' 75[deg]54'
------------------------------------------------------------------------
(2) Requirements: From November 1 through March 31 of each year,
vessels issued a Federal spiny dogfish permit must remove roundfish
gillnets with a mesh size equal to or greater than 5.25 inches (13.3
cm) and less than 10 inches (25.4 cm) from the water within the
Virginia Atlantic Sturgeon Bycatch Reduction Area from 8 p.m. eastern
time each day through 5 a.m. eastern time in the following day.
[FR Doc. 2024-29861 Filed 12-17-24; 8:45 am]
BILLING CODE 3510-22-P
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