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DOC/NOAA RIN: 0648-BN01 Publication ID: Fall 2024 
Title: Framework Adjustment 15 to the Monkfish Fishery Management Plan; Framework Adjustment 6 to the Spiny Dogfish Fishery Management Plan 
Abstract:

This action proposes to implement management measures included in Framework Adjustment 15 to the Monkfish Fishery Management Plan (FMP) & Framework Adjustment 6 to the Spiny Dogfish FMP (Framework 15) that were jointly developed by the New England Fishery Management Council and Mid-Atlantic Fishery Management Council to address bycatch of Atlantic sturgeon in the monkfish and dogfish gillnet fisheries. This action is being taken pursuant to the rulemaking authorities under section 303(c) of the Magnuson-Stevens Fishery Conservation and Management Act. On May 27, 2021, NMFS published a Biological Opinion that considered the effects of the authorization of ten fishery management plans and the New England Fishery Management Council’s Omnibus Essential Fish Habitat Amendment 2, on species listed under the Endangered Species Act, including all five distinct population segments of Atlantic Sturgeon, and designated critical habitat. The May 27, 2021 Biological Opinion included a Reasonable and Prudent Measure that required NMFS to convene a working group to review available information on Atlantic sturgeon bycatch in the federal large mesh gillnet fisheries and to develop an action plan by May 27, 2022 to reduce Atlantic sturgeon bycatch in these fisheries by 2024. The Councils received the Action Plan to Reduce Atlantic Sturgeon Bycatch in Federal Large Mesh Gillnet Fisheries in 2022, and jointly agreed to undertake rulemaking to address the recommendations in the plan, which has resulted in this action. The proposed rulemaking would set measures that reduce bycatch of Atlantic sturgeon in the federal gillnet fisheries for dogfish and monkfish. The Councils have yet to take final action, but measures currently under consideration include closure areas off of Southern New England, New Jersey, and the Mid-Atlantic and gear restrictions in these areas (in place of full closures) that would require the use of selective low-profile gillnet gear in the monkfish fishery and prohibitions on overnight soaks in the dogfish fishery.

 
Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 50 CFR 648   
Legal Authority: 16 U.S.C. 1801 et seq.   
Legal Deadline:
Action Source Description Date
Final  Statutory  The May 2021 Biological Opinion issued as part of an Endangered Species Act review of Ten FMPs requires the Agency to take action prior to the end of 2024.  12/31/2024 

Overall Description of Deadline: The May 2021 Biological Opinion issued as part of an Endangered Species Act review of Ten FMPs requires the Agency to take action prior to the end of 2024. The May 2021 Biological Opinion on Ten FMPs includes a Reasonable and Prudent Measure that requires NMFS to develop an Action Plan to reduce bycatch by 2024. This action would fulfill that requirement, so this action must be in place by 2024.

Timetable:
Action Date FR Cite
NPRM  08/12/2024  89 FR 65576   
NPRM Comment Period End  09/11/2024 
Final Action  12/00/2024 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Michael Pentony
Regional Administrator, Greater Atlantic Region
Department of Commerce
National Oceanic and Atmospheric Administration
55 Great Republic Drive,
Gloucester, MA 01930
Phone:978 281-9283
Email: michael.pentony@noaa.gov