[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