[Federal Register Volume 66, Number 29 (Monday, February 12, 2001)]
[Proposed Rules]
[Pages 9814-9815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3546]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[I.D. 011101A]
RIN 0648-AF87


Fisheries of the Northeastern United States; Tilefish Fishery 
Management Plan

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability of a fishery management plan; request 
for comments.

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SUMMARY: NMFS announces that the Mid-Atlantic Fishery Management 
Council (Council) has submitted the Tilefish Fishery Management Plan 
(FMP) for Secretarial review and is requesting comments from the 
public. The FMP would initiate Federal management of golden tilefish 
(Lopholatilus chamaeleonticeps) (tilefish) under the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act). The 
overall goal of the FMP is to rebuild tilefish so that the optimum 
yield can be obtained from this resource.

DATES: Comments must be received not later than 5 p.m., Eastern 
Standard Time, on April 13, 2001.

ADDRESSES: Comments on the FMP should be sent to Patricia A. Kurkul, 
Regional Administrator, 1 Blackburn Drive, Gloucester, MA 01930-2298. 
Mark the outside of the envelope, ``Comments on Tilefish FMP.'' 
Comments may also be sent via facsimile (fax) to (978) 281-9135. 
Comments will not be accepted if submitted via e-mail or the Internet.
    Copies of the FMP, its regulatory impact review, initial regulatory 
flexibility analysis, final environmental impact statement, and 
supporting documents are available from Daniel T. Furlong, Executive 
Director, Mid-Atlantic Fishery Management Council, Room 2115, Federal 
Building, Dover, DE 19904-6790.

FOR FURTHER INFORMATION CONTACT: Myles Raizin, Fishery Policy Analyst, 
(978) 281-9104, e-mail at [email protected], fax at (978) 281-9135.

SUPPLEMENTARY INFORMATION: FMPs and amendments must meet the 
requirements of the Magnuson-Stevens Act as well as a number of other 
Federal laws and regulations. The FMP has been developed to meet all 
Federal requirements and contains all the required elements of an FMP. 
In particular, the FMP addresses the Magnuson-Stevens Act requirement 
that an FMP be developed for overfished species and that targets and 
thresholds for stock size and fishing mortality be established.
    A recent NMFS stock assessment indicates that the tilefish stock 
north of North Carolina is at a low biomass level and is overexploited. 
Total tilefish biomass in 1998 was estimated to be 6.8 million lb (3.1 
million kg), which is about 35 percent of the biomass (B) that would 
produce maximum sustainable yield (MSY) or BMSY. Biomass-
based fishing mortality (F) was estimated to be 0.45, which is about 
double the F at MSY (FMSY) of 0.22. Total landings in 1998 
were 2.7 million lb (1.2 million kg) and significantly below the 
estimated MSY of 4.2 million lb (1.9 million kg). Current fishing 
mortality rates are unsustainable, as indicated by a shift in the 
exploitation pattern towards smaller fish.
    The management unit for the FMP is defined as all golden tilefish 
under United States jurisdiction in the Atlantic Ocean north of the 
Virginia/North Carolina border. Tilefish south of the Virginia/North 
Carolina border are currently managed as part of the Fishery Management 
Plan for the Snapper-Grouper Fishery prepared by the South Atlantic 
Fishery Management Council. The fishing year for tilefish would be the 
12-month period beginning with the implementation date of the FMP.
    To meet the overall goal of the FMP, the Council adopted the 
following objectives: (1) Prevent overfishing and rebuild the resource 
to the biomass that would support MSY; (2) prevent overcapitalization 
and limit new entrants; (3) identify and describe essential fish 
habitat; and (4) collect necessary data to develop, monitor, and assess 
biological, economic, and social impacts of management measures 
designed to prevent overfishing and to reduce bycatch in all fisheries.
    The FMP would establish: (1) An overfishing definition; (2) a 10-
year rebuilding schedule; (3) permit and reporting requirements for 
commercial vessels, operators, and dealers; (4) an FMP Monitoring 
Committee; (5) a framework adjustment process; (6) a commercial quota 
to be divided into full-time, part-time, and incidental categories; (7) 
a trip limit for the incidental category (non-longline); (8) a limited 
entry scheme for the full-time and part-time quota categories; and (9) 
an identification and description of essential fish habitat (EFH) for 
tilefish.

Overfishing Definition

    The Magnuson-Stevens Act requires each fishery management plan to 
specify objective and measurable status determination criteria for 
identifying when stocks or stock complexes are overfished. Status 
determination criteria for tilefish would specify a maximum fishing 
mortality rate (F) threshold and minimum stock size threshold. The 
maximum F threshold would be specified as FMSY, and the 
minimum biomass threshold would be specified as 1/2 BMSY. 
Guidelines for the Magnuson-Stevens Act National Standards suggest that 
a risk-averse fishing mortality rate

[[Page 9815]]

target and a biomass target be specified. The Council adopted a target 
fishing mortality rate consistent with the recommended rebuilding 
schedule for tilefish. The FMP specifies a target stock biomass equal 
to BMSY.

EFH Definition

    The Magnuson-Stevens Act requires fishery management plans to 
identify EFH and to address habitat issues such as description of non-
fishing and fishing threats. EFH designations for tilefish under the 
FMP would be reviewed and, if needed, updated at least every 5 years. 
The FMP provides the authority to implement new or amended measures 
through a framework process.

Permits for Commercial Vessels, Operators, and Dealers

    Vessel owners desiring to fish for tilefish within the EEZ with the 
intent to sell, transport, or deliver for sale, any tilefish taken from 
the EEZ, would be required to obtain a Federal commercial vessel 
permit. Any individual who operates a vessel for the purpose of fishing 
commercially for tilefish would be required to obtain an operator's 
permit. Any vessel fishing commercially for tilefish would be required 
to have on board at least one operator who holds an operator's permit. 
Any dealer of tilefish would be required to have a permit.

Reporting Requirements for Commercial Vessels, Operators and 
Dealers

    Federal commercial permit holders would be required to submit 
completed logbooks within 15 days of the end of the reporting month in 
order to monitor the fishery. Dealers with permits issued pursuant to 
the FMP would be required to submit weekly landings reports. Dealers 
would also be required to use the NMFS interactive voice response 
reporting system. Dealers would be required to report all purchases of 
tilefish, regardless of whether a vessel possesses a valid commercial 
permit issued by NMFS. Buyers who do not purchase directly from vessels 
would not be required to submit reports under this provision. The 
processing sector would be required to submit the Processed Product 
Report, as is required in all Northeast FMPs.

Tilefish Monitoring Committee (Monitoring Committee)

    The Monitoring Committee would be a joint committee made up of 
staff representatives of the Council, the NMFS Northeast Regional 
Office, the NMFS Northeast Fisheries Science Center, state 
representatives, and an industry member. The Monitoring Committee would 
annually review the best available data and make recommendations to the 
Council through its Tilefish Committee regarding annual specifications 
and management measures consistent with the rebuilding schedule for the 
tilefish fishery.

Framework Adjustment Process

    In addition to the annual specification setting procedure, the 
Council could add or modify management measures through a framework 
adjustment process. This adjustment procedure would allow the Council 
to add or modify management measures through an expedited process while 
allowing opportunities for public review.

Commercial Quota

    Landings for each of the next 10 fishing years would be set at 
1.995 million lb (905,172 kg). The quota would be divided among three 
categories: Incidental, part-time, and full-time. The full-time 
category would in turn be divided into two tiers. Placement of a vessel 
into a full-time or part-time category is based on qualifying criteria 
that reflect historical and present participation in the fishery. The 
incidental permit, which is open access, would allow vessels to retain 
up to 300 lb (138 kg) of tilefish per trip. The ``target'' estimate of 
landings for the incidental category (5 percent of the total allowable 
landings (TAL)) would first be subtracted from the TAL and then the 
remainder of the TAL would be divided among the full-time tier 1 
category, which would receive 66 percent; the full-time tier 2 
category, which would receive 15 percent; and the part-time category, 
which would receive 19 percent.

Stock Rebuilding Schedule

    The rebuilding schedule in the FMP would have a 50-percent 
probability of rebuilding the tilefish stock to Bmsy in 10 years. The 
rebuilding schedule would reduce F from the 1998 level of 0.45, to 0.31 
in the first year of the FMP. The rebuilding plan would allow for a 
constant harvest of 1.995 million lb (905,172 kg) per year for 10 
years, beginning in 2001.

Public Comments

    Public comments are being solicited on the FMP through the end of 
the comment period (see DATES). A proposed rule that would implement 
the FMP may be published in the Federal Register for public comment 
following NMFS' evaluation under Magnuson-Stevens Act procedures. 
Public comments on the proposed rule must be received by the end of the 
comment period on the FMP in order to be considered in the approval/
disapproval decision on the FMP. All comments received by the end of 
the comment period on the FMP, whether specifically directed to the FMP 
or the proposed rule to implement the FMP, will be considered the 
approval/disapproval decision on the FMP. All comments received on the 
FMP or on the proposed rule will be responded to in the preamble to the 
final rule.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: February 6, 2001.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-3546 Filed 2-9-01; 8:45 am]
BILLING CODE 3510-22-S