[Federal Register Volume 82, Number 123 (Wednesday, June 28, 2017)]
[Proposed Rules]
[Pages 29263-29273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13390]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 160229161-7558-01]
RIN 0648-BF86


Fisheries of the Northeastern United States; Amendment 6 to the 
Tilefish 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 Amendment 6 to the 
Tilefish Fishery Management Plan. Amendment 6 was developed by the Mid-
Atlantic Fishery Management Council to establish management measures 
and 2017 harvest limits for the blueline tilefish fishery north of the 
Virginia/North Carolina border. These changes are intended to propose 
permanent management measures for this fishery, consistent with 
requirements of the Magnuson-Stevens Act.

DATES: Comments must be received on or before July 28, 2017.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2016-0025, 
by either of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0025, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: John K. Bullard, Regional Administrator, NMFS, 
Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, 
Gloucester, MA 01930. Mark the outside of the envelope: ``Comments on 
Blueline Tilefish Amendment.''
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are part of the 
public record and will generally be posted to www.regulations.gov 
without change. All personal identifying information (e.g., name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit confidential business information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments. Attachments to electronic 
comments will be accepted via Microsoft Word, Microsoft Excel, 
WordPerfect, or Adobe PDF file formats only.
    Copies of Amendment 6, and of the draft Environmental Assessment 
and preliminary Regulatory Impact Review (EA/RIR), are available from 
the Mid-Atlantic Fishery Management Council, 800 North State Street, 
Suite 201, Dover, DE 19901. The EA/RIR is also accessible via the 
Internet at: www.greateratlantic.fisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst, 
978-281-9341.

SUPPLEMENTARY INFORMATION:

Background

    This action proposes regulations to implement Amendment 6 to the 
Tilefish Fishery Management Plan (FMP). The Mid-Atlantic Fishery 
Management Council developed this amendment to establish management 
measures for the blueline tilefish fishery in Federal waters north of 
the Virginia/North Carolina border, consistent with the requirements of 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). The management measures contained in Amendment 6 are 
summarized below, with additional information and analysis are provided 
in the Environmental Assessment (EA) (see ADDRESSES).
    The blueline tilefish fishery in Federal waters south of the 
Virginia/North Carolina border is managed by the South Atlantic Fishery 
Management Council as part of its Snapper-Grouper FMP. The fishery in 
the Mid-Atlantic has historically been minor and not subject to Federal 
management. In 2014, a closure of the blueline tilefish fishery in the 
South Atlantic resulted in a significant increase in commercial fishing 
effort in the Mid-Atlantic region and a 20-fold increase in blueline 
tilefish landings. At the request of the Mid-Atlantic Council, we 
implemented emergency management measures in June 2015 (80 FR 31864; 
June 4, 2015), to control harvest of blueline tilefish and reduce the 
risk of overfishing on this stock. The emergency measures were extended 
(80 FR 74712; November 30, 2015) to give the Council time to develop 
long-term management measures through Amendment 6. As work on Amendment 
6 continued, we implemented additional interim measures (81 FR 39591; 
June 17, 2016) to control harvest during the peak fishing season in the 
summer and fall of 2016. Those interim measures expired December 14, 
2016. Although management measures in Mid-Atlantic Federal waters 
lapsed, harvest of blueline tilefish in this region is still restricted 
by regulations implemented by several Mid-Atlantic states. Amendment 6 
proposes to establish mechanisms and measures to ensure ongoing and 
consistent management of the blueline tilefish fishery in Federal 
waters north of the Virginia/North Carolina border.

Proposed Management Unit, FMP Objectives, Status Determination Criteria

    We are proposing the Council's recommendation of a management unit 
for blueline tilefish encompassing the U.S. Exclusive Economic Zone 
(EEZ) from the North Carolina/Virginia border (36.550278 N Latitude) 
extending north to the maritime boundary with Canada.

[[Page 29264]]

This management unit is consistent with the Council's existing 
management unit for golden tilefish.
    The Council chose to adopt the management objectives of the current 
Tilefish FMP to also apply for blueline tilefish, with the addition 
that ``management will reflect blueline tilefish's susceptibility of 
overfishing and the need of an analytical stock assessment.'' The 
management objectives of the Tilefish FMP, as most recently updated by 
Amendment 1 (74 FR 42580; August 24, 2009), are: (1) Prevent 
overfishing and rebuild the resource to the biomass that would support 
maximum sustainable yield (MSY); (2) prevent overcapitalization and 
limit new entrants; (3) identify and describe essential tilefish 
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 of tilefish in 
all fisheries.
    Section 303(a)(10) of the Magnuson-Stevens Act requires FMPs 
specify criteria for identifying when the fishery is overfished. 
Through Amendment 6, the Council has recommended to define stock status 
determination criteria for blueline tilefish based on the results of 
the most recent approved stock assessment, consistent with stocks 
managed under all of the Council's other FMPs. The Council's Scientific 
and Statistical Committee (SSC) determined the most recent stock 
assessment for blueline tilefish in the South Atlantic (SEDAR 32) does 
not adequately assess the Mid-Atlantic population. Therefore, the SEDAR 
32 assessment does not provide a basis for directly specifying stock 
status determination criteria, including an overfished definition, at 
this time. The Council is recommending accountability measures in this 
amendment that rely on a biomass (B) threshold to determine when the 
stock is overfished. The recommended accountability measure considers 
the blueline tilefish stock to be overfished when the ratio of B/
BMSY is less than 0.5. Until new criteria are available, we 
propose to accept this definition to fulfill the overfished definition 
requirement outlined in the Magnuson-Stevens Act. The Council 
anticipates new stock status determination criteria will be established 
through a stock assessment currently being jointly conducted by the 
South Atlantic and Mid-Atlantic Fishery Management Councils through the 
SouthEast Data, Assessment, and Review process (SEDAR 50). The 
assessment is due to be completed in August 2017.
    The Magnuson-Stevens Act also requires all FMPs contain measures 
which are ``necessary and appropriate for the conservation and 
management of the fishery to prevent overfishing.'' The Council's 
analysis in Amendment 6 indicates that there is insufficient scientific 
information currently available to establish a quantitative overfishing 
limit for the blueline tilefish population in the Mid-Atlantic. 
Analysis conducted by the Council's SSC found that constraining catch 
of Mid-Atlantic blueline tilefish to the recommended Acceptable 
Biological Catch (ABC) of 87,031 lb (39,476 kg) would be unlikely to 
result in overfishing. Because this harvest limit is set at a level 
sufficient to prevent overfishing, we proposed that it is consistent 
with the Magnuson-Stevens Act requirement at 303(a)(1)(A).

Proposed Permitting and Reporting Requirements

    We are proposing the following permitting and reporting 
requirements recommended by the Council as part of Amendment 6.

Commercial Vessels

    A commercial fishing vessel would be required to be issued an open-
access tilefish commercial vessel permit in order to retain and land 
blueline tilefish. This is the same vessel permit that is already used 
for vessels fishing for golden tilefish, and vessel owners and 
operators would be subject to the current requirements to have an 
operator permit and to maintain and submit Vessel Trip Reports (VTRs) 
for each fishing trip.

For-Hire Vessels

    Fishing vessels that carry recreational anglers for hire would be 
required to have an open-access tilefish charter/party vessel permit in 
order to fish for, retain, or land blueline tilefish. This is the same 
vessel permit that is already used for charter and party vessels that 
fish for golden tilefish, and vessel owners and operators would be 
subject to the current requirements to have an operator permit and to 
maintain and submit Vessel Trip Reports (VTRs) for each fishing trip.

Commercial Dealers

    A commercial seafood dealer must have a tilefish dealer permit in 
order to purchase, possess, or receive blueline tilefish harvested from 
the Tilefish Management Unit. This is the same dealer permit already in 
use for dealers of golden tilefish in the region.
    Details about permit requirements for commercial fishing vessels, 
party/charter vessels, vessel operators, and commercial dealers, 
including application forms, are available at: 
www.greateratlantic.fisheries.noaa.gov/aps/permits/index.html.

Private Recreational Vessels

    We propose to require private recreational anglers or vessels 
obtain a fishing permit to fish for or retain golden or blueline 
tilefish in the Tilefish Management Unit. However, additional 
development work is necessary before we can issue recreational tilefish 
permits or require private anglers to start reporting their catch. 
Potential factors being considered include: Whether to issue permits to 
individuals or vessels; whether to create a new recreational permit or 
create a new endorsement within the existing Highly Migratory Species 
permitting system; whether catch reporting should include all fish 
caught on a trip or just golden and blueline tilefish; and whether to 
develop a dedicated application for smartphones and tablets to report 
catch or use a web browser-based report.
    While this proposed rule does not include specific regulatory text 
to propose the specifics of a private angler/vessel permit and 
reporting system, we are generally proposing these measures for 
approval, and seek public comment on the issues mentioned above. If 
generally approved as part of Amendment 6, the specific permitting and 
reporting measures for private recreational anglers/vessels fishing for 
tilefish will be proposed at a later date with additional opportunity 
for public comment, consistent with requirements of the Administrative 
Procedure Act.

Proposed Possession Limits and Fishing Season

Commercial

    Commercial vessels would be limited to a maximum possession of 300 
lb (136 kg) of blueline tilefish per trip. Blueline tilefish could be 
gutted, but must to be landed with the head and fins naturally 
attached.

Recreational

    The proposed recreational blueline tilefish possession limit would 
depend on the type of vessel used. Anglers fishing from private vessels 
would be allowed to keep up to three blueline tilefish per person per 
trip. Anglers fishing from a for-hire vessel that has been issued a 
valid Tilefish Charter/Party Permit, but does not have a current U.S. 
Coast Guard safety inspection sticker could retain up to five blueline 
tilefish per person per trip. Finally, anglers on for-hire vessels that

[[Page 29265]]

have both a valid Tilefish Charter/Party Permit and a current U.S. 
Coast Guard safety inspection sticker could retain up to seven blueline 
tilefish per person per trip.
    The recreational fishery for blueline tilefish would be open from 
May 1 through October 31, annually. Recreational anglers would be 
prohibited from fishing for or possessing blueline tilefish outside of 
this season.

Proposed ABC Risk Policy, Annual Catch Limit Process, and Sector 
Allocations

    Section 303(a)(15) of the Magnuson-Stevens Act requires FMPs to 
establish a mechanism for specifying annual catch limits (ACLs), 
implementing regulations, or annual specifications to prevent 
overfishing. In addition, the Act requires the Council's SSC to provide 
it with ongoing scientific advice, including recommendations for ABC 
(see MSA 302(g)(1)(B)).
    Through Amendment 6, the Council opted to apply the same ABC 
control rules and risk policy it uses for other stocks it manages, 
described in the regulations at 50 CFR 648.20 and 648.21, respectively.
    The ACL process proposed for blueline tilefish under Amendment 6 
would be consistent with the specifications-setting process for other 
stocks managed by the Council. The Council's SSC would review the 
available scientific information, the ABC control rule, and other 
relevant information before making ABC recommendations to the Council 
for up to 3 years. The recommendations of the SSC would be reviewed by 
the existing Tilefish Monitoring Committee, which would provide 
recommendations to the Council and/or relevant committee to ensure the 
blueline tilefish specifications are not exceeded and to address any 
other operational aspects of the fishery. To establish specific harvest 
limits, the recommended ABC would be allocated, as described below, to 
establish separate ACLs for the commercial and recreational sectors of 
the fishery. These ACLs may be reduced to account for management 
uncertainty to establish Annual Catch Targets (ACTs). Finally, 
anticipated discards would be subtracted to determine the total 
allowable landings (TAL) amount for each sector. The Council would 
develop other management measures (seasons, trip limits, etc. as 
described above) that would be expected to meet the TAL and not exceed 
the ACL. If the Council re-establishes a research set-aside program, up 
to 3 percent of the TAL could be set aside in such a program.
    The Council used available catch records, including recreational 
catches reconstructed through a Council workshop through an iterative 
Delphi technique approach, to analyze options for allocating the 
allowable catch between the recreational and commercial sectors of the 
fishery. The Council opted to use the median catch percentages from 
2009-2013. As a result, we are proposing the Amendment 6 recommended 
allocation of 73 percent of the annual catch to the recreational 
fishery and 27 percent to the commercial fishery.

Proposed 2017 Specifications

    Table 1 outlines proposed catch limits for blueline tilefish for 
the 2017 fishing year. We would count landings of blueline tilefish in 
or from the Tilefish Management Unit that have already occurred in 2017 
against these limits when determining if a harvest limit has been met 
or exceeded.

                               Table 1--Proposed Blueline Tilefish Specifications
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          Specification                         Recreational                             Commercial
----------------------------------------------------------------------------------------------------------------
ABC..............................                              87,031 lb (39,476 kg).
                                  ------------------------------------------------------------------------------
ACLs.............................  63,533 lb (28,818 kg).................  23,498 lb (10,658 kg).
ACTs.............................  63,533 lb (28,818 kg).................  23,498 lb (10,658 kg).
TALs.............................  62,262 lb (28,242 kg).................  23,263 lb (10,552 kg).
----------------------------------------------------------------------------------------------------------------

Proposed Accountability Measures

    The Magnuson-Stevens Act requires that FMPs include measures to 
ensure accountability with ACLs, and NMFS has created guidelines for 
how management measures might meet this requirement (see Sec.  
600.310(g)). We propose different accountability measures (AMs) to 
address the particular needs of the commercial and recreational sectors 
of the fishery.
    Commercial blueline tilefish landings would be monitored during the 
fishing year based on dealer reports and other available information. 
If we determine the commercial TAL will be exceeded, we would close the 
commercial blueline tilefish fishery, prohibiting possession or landing 
blueline tilefish for sale for the remainder of the fishing year, 
through publication of a notice in the Federal Register. If the 
commercial catch of blueline tilefish exceeds the ACL, we would deduct 
the amount of the overage from the commercial ACL the following year.
    Catch data for the recreational fishery is much more uncertain than 
for the commercial fishery. We propose comparing a 3-year moving 
average of recreational catch to the 3-year average of the recreational 
ACL to determine whether the ACL has been exceeded and accountability 
measures for the recreational fishery are warranted. This would be 
phased in so that catch in 2017 would be compared to the 2017 ACL, and 
next year the average catch in 2017 and 2018 would be compared to the 
average ACL in 2017 and 2018. In subsequent years we would use 3-year 
moving averages. If this comparison shows the recreational ACL was 
exceeded, then the extent of the accountability measure would depend on 
the status of the stock and the significance of the overage.
    If the most recent estimate of biomass is below the BMSY 
threshold (i.e., the stock is overfished), the stock is under a 
rebuilding plan, or the biological reference points are unknown, and 
the recreational ACL has been exceeded, then in the following fishing 
year the recreational ACT would be reduced by the exact amount, in 
pounds, by which the most recent year's recreational catch estimate 
exceeded the most recent year's recreational ACL. Changes to management 
measures would also be considered through the specifications process to 
avoid future overages. If the most recent estimate of biomass is above 
BMSY (i.e., the stock is above the biomass target), then 
adjustments to the recreational management measures would be made in 
the following fishing year, but a reduction in the recreational ACT 
would not be necessary. If the stock biomass is between these extremes, 
the accountability measures would be scaled.
    If the most recent estimate of biomass is above the biomass 
threshold, but

[[Page 29266]]

below the biomass target (B/BMSY is greater than 0.5 but 
less than 1.0), and the stock is not under a rebuilding plan, then the 
severity of the payback would depend on the significance of the 
overage. If the recreational ACL was exceeded but the overall ABC was 
not, then adjustments to the recreational management measures would be 
made in the following fishing year, but a reduction in the recreational 
ACT would not be necessary. If the ABC was exceeded, in addition to 
adjusting the recreational management measures, a deduction from the 
recreational ACT would be made in the following fishing year. The size 
of the deduction would be proportional to the health of the stock. The 
ACT would be reduced by the amount of the overage (in pounds) 
multiplied by a payback coefficient. The payback coefficient would be 
the difference between the most recent estimate of biomass and 
BMSY (i.e., BMSY-B) divided by one-half of 
BMSY. This coefficient allows for a smaller deduction if the 
stock is close to the biomass target and a larger deduction the more 
the stock is below the target.

Proposed Essential Fish Habitat (EFH)

    The Council recommends, and we propose to approve, the following 
EFH definition for different life stages of blueline tilefish based on 
the best available scientific information:
    Eggs and larvae: Blueline tilefish egg and larval EFH in the 
Greater Atlantic region is the water column on the outer continental 
shelf from eastern Georges Bank to the Virginia/North Carolina boundary 
in depths of 46-256 m (151-840 ft).
    Juveniles and adults: Blueline tilefish juvenile and adult EFH in 
the Greater Atlantic region is benthic habitats on the outer 
continental shelf from eastern Georges Bank to the Virginia/North 
Carolina boundary in depths of 46-256 m (151-840 ft) at bottom water 
temperatures which range from 8-18 [deg]C (46-64[emsp14] [deg]F). 
Blueline tilefish create horizontal or vertical burrows in sediments 
composed of silt, clay, and sand.
    The Council is currently conducting a comprehensive review of EFH 
designations and fishery impacts on habitat for all Council-managed 
species, including blueline tilefish. The EFH Review Fishery Management 
Action Team will review scientific and technical information on fish 
habitat and develop recommendations as to whether changes to the 
existing EFH descriptions and other habitat components of the FMPs are 
warranted. Based on this review, the Council may choose to modify its 
FMPs (e.g., revise EFH descriptions, designate Habitat Areas of 
Particular Concern, or implement other habitat management measures).

Proposed Framework Adjustment Measures

    Framework adjustments allow the Council to make changes to 
management measures that were previously considered in the FMP or FMP 
amendment through a more efficient process than a full FMP amendment. 
The Council recommends that actions currently able to be changed by a 
framework adjustment for golden tilefish could also be changed for 
blueline tilefish. In addition, changes to the blueline tilefish 
recreational/commercial allocations within the ranges previously 
considered by this action, could also be made through a framework 
adjustment. We propose the blueline tilefish management measures that 
could be changed by framework adjustment would be:
     Minimum fish size;
     Minimum hook size;
     Closed seasons;
     Closed areas;
     Gear restrictions or prohibitions;
     Permitting restrictions;
     Gear limits;
     Trip limits;
     Adjustments within existing ABC control rule levels;
     Adjustments to the existing Council risk policy;
     Introduction of new AMs, including sub ACTs;
     Annual specification quota setting process;
     Tilefish FMP Monitoring Committee composition and process;
     Description and identification of EFH;
     Fishing gear management measures that impact EFH;
     Habitat areas of particular concern;
     Set-aside quotas for scientific research;
     Changes, as appropriate, to the standardized bycatch 
reporting methodology, including the coefficient of variation-based 
performance standard, the means by which discard data are collected/
obtained, fishery stratification, the process for prioritizing observer 
sea-day allocations, reports, and/or industry-funded observers or 
observer set aside programs;
     Recreational management measures, including the bag limit, 
minimum fish size limit, seasons, and gear restrictions or 
prohibitions;
     Blueline tilefish recreational permitting and reporting 
requirements previously considered by the Council; and
     Blueline tilefish allocations between the commercial and 
recreational sectors of the fishery within the range of allocation 
alternatives considered by the Council in Amendment 6.
    Measures that require significant departures from previously 
contemplated measures or that are otherwise introducing new concepts 
may require a formal amendment of the FMP instead of a framework 
adjustment.
    Pursuant to section 303(c) of the Magnuson-Stevens Act, the Council 
has deemed that this proposed rule is necessary and appropriate for the 
purpose of implementing Amendment 6 to the Tilefish FMP. After the 
Council reviewed the proposed regulations, we decided to propose an 
additional regulation at Sec.  648.296(c) to clarify enforcement of the 
tilefish recreational possession limits.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Acting Assistant Administrator has determined that this proposed 
rule is consistent with the Tilefish FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law, subject to further 
consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. The Council prepared an analysis of the potential economic 
impacts of the action, which is included in the draft EA for this 
action and supplemented by information contained in the preamble of 
this proposed rule.
    For RFA purposes only, NMFS has established a small business size 
standard for businesses, including their affiliated operations, whose 
primary industry is commercial fishing (see 50 CFR 200.2). A business 
primarily engaged in commercial fishing (NAICS code 11411) is 
classified as a small business if it is independently owned and 
operated, is not dominant in its field of operation (including its 
affiliates), and has combined annual receipts not in excess of $11 
million for all its affiliated operations worldwide. The SBA has 
established size standards for all other major industry sectors in the 
U.S., including that for-hire fishing firms (NAICS code 487210) with 
receipts of up to $7.5 million are

[[Page 29267]]

defined as small, and seafood dealers/wholesalers (NAICS code 424460) 
are defined as small if they have fewer than 100 employees. Using these 
definitions, there are 4 large and 194 small entities (108 small 
commercial harvesting entities, 36 small for-hire entities, and 50 
small seafood dealers) that reported catching or purchasing blueline 
tilefish during 2013-2015.
    For the 108 small commercial harvesting entities, their total 
revenues for 2013-2015 averaged $649,948 while their blueline tilefish 
revenues averaged $1,826. Revenue data were not available for the 36 
small for-hire entities. However, during 2013-2015 the annual total 
number of fish kept by anglers on these vessels averaged 107,645 fish 
while the blueline tilefish kept averaged 560 fish. The 50 Federal 
dealers with blueline tilefish records averaged total annual purchases 
of $4.6 million during 2013-2015, while their average blueline tilefish 
purchases were just $9,543.
    Given the low number of small entities involved in the blueline 
tilefish fishery, and the small proportion of revenues/fish represented 
by blueline tilefish for these small entities, this action will not 
have a ``significant economic impact on a substantial number of small 
entities'' even if short term revenues are negatively affected for some 
entities. In addition, the proposed measures would not eliminate but 
only reduce fishing for blueline tilefish, and vessels and dealers 
would likely seek and be able to find ways to mitigate any possible 
revenue reductions related to restrictions on catch of blueline 
tilefish. As a result, an initial regulatory flexibility analysis is 
not required and none has been prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: June 21, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, 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

0
1. The authority citation for part 648 continues to read as follows:

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

0
2. In Sec.  648.1, revise paragraph (a) 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 (Scallop FMP); the Atlantic 
surfclam and ocean quahog fisheries (Atlantic Surfclam and Ocean Quahog 
FMP); the NE 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); the Atlantic 
bluefish fishery (Atlantic Bluefish FMP); the Atlantic herring fishery 
(Atlantic Herring FMP); the spiny dogfish fishery (Spiny Dogfish FMP); 
the Atlantic deep-sea red crab fishery (Deep-Sea Red Crab FMP); the 
golden and blueline tilefish fisheries (Tilefish FMP); and the NE skate 
complex fisheries (Skate FMP). These FMPs and the regulations in this 
part govern the conservation and management of the above named 
fisheries of the Northeastern United States.
* * * * *
0
3. Section 648.2 is amended as follows:
0
a. Add definition ``Blueline tilefish,''
0
b. Revise definition for paragraph 4, ``Fishing year,''
0
c. Add definition ``Golden tilefish,''
0
d. Revise definition for paragraph 2, ``Lessee,''
0
e. Revise definition for paragraph 2, ``Lessor,''
0
f. Revise definition ``Tilefish,''
0
g. Revise definition ``Tilefish FMP Monitoring Committee,'' and
0
h. Revise definition ``Tilefish Management Unit.''


Sec.  648.2   Definitions.

* * * * *
    Blueline tilefish means Caulolatilus microps.
* * * * *
    Fishing year means:
* * * * *
    (4) For the golden tilefish fishery, from November 1 through 
October 31 of the following year.
* * * * *
    Golden tilefish means Lopholatilus chamaeleonticeps.
* * * * *
    Lessee means:
* * * * *
    (2) A person or entity eligible to hold golden tilefish IFQ 
allocation, who receives temporarily transferred golden tilefish IFQ 
allocation, as specified at Sec.  648.294(e)(1).
    Lessor means:
* * * * *
    (2) An IFQ allocation permit holder who temporarily transfers 
golden tilefish IFQ allocation, as specified at Sec.  648.294(e)(1).
* * * * *
    Tilefish means golden tilefish and blueline tilefish, collectively, 
unless otherwise noted.
    Tilefish FMP Monitoring Committee means a committee made up of 
staff representatives of the MAFMC, the NMFS Greater Atlantic Regional 
Fisheries Office, the Northeast Fisheries Science Center, up to three 
state representatives (the New England states having one representative 
and the Mid-Atlantic states having a maximum of two representatives) 
and one non-voting industry member. The MAFMC Executive Director or his 
designee chairs the committee.
    Tilefish Management Unit means an area of the Atlantic Ocean from 
the latitude of the VA and NC border (36[deg]33.36' N. Lat.), extending 
eastward from the shore to the outer boundary of the exclusive economic 
zone and northward to the United States-Canada border in which the 
United States exercises exclusive jurisdiction over all golden tilefish 
(Lopholatilus chamaeleonticeps) and blueline tilefish (Caulolatilus 
microps) fished for, possessed, caught or retained in or from such 
area.
* * * * *
0
4. In Sec.  648.4, paragraphs (a)(12)(i), (a)(12)(ii), and (b)(1)(i) 
are revised to read as follows:


Sec.  648.4   Vessel permits.

    (a) * * *
    (12) Tilefish vessels.
    (i) Commercial vessel permits. Any vessel of the United States must 
have been issued, under this part, and carry on board, a valid 
commercial vessel permit to fish for, possess, or land golden tilefish 
or blueline tilefish for a commercial purpose, in or from the Tilefish 
Management Unit.
    (A) A commercial vessel must fish under the authorization of a 
golden tilefish IFQ allocation permit, issued pursuant to Sec.  
648.294, to possess, or land golden tilefish in excess of the trip 
limit as specified under Sec.  648.295(a).
    (B) [Reserved]
    (ii) Party and charter vessel permits. Any party or charter vessel 
must have been issued, under this part, a Federal Charter/Party vessel 
permit to fish for either golden tilefish or blueline tilefish in the 
Tilefish Management Unit, if it carries passengers for hire. Such 
vessel must observe the recreational

[[Page 29268]]

possession limits as specified at Sec.  648.296 and the prohibition on 
sale.
* * * * *
    (b) Permit conditions. (1)(i) Any person who applies for and is 
issued or renews a fishing permit under this section agrees, as a 
condition of the permit, that the vessel and the vessel's fishing 
activity, catch, and pertinent gear (without regard to whether such 
fishing occurs in the EEZ or landward of the EEZ; and without regard to 
where such fish or gear are possessed, taken, or landed); are subject 
to all requirements of this part, unless exempted from such 
requirements under this part. All such fishing activities, catch, and 
gear will remain subject to all applicable state requirements. Except 
as otherwise provided in this part, if a requirement of this part and a 
management measure required by a state or local law differ, any vessel 
owner permitted to fish in the EEZ for any species managed under this 
part, except tilefish, must comply with the more restrictive 
requirement. Except as otherwise provided in this part, if a 
requirement of this part and a management measure required by a state 
or local law differ, any vessel owner permitted to fish in the tilefish 
management unit for tilefish managed under this part must comply with 
the more restrictive requirement. Owners and operators of vessels 
fishing under the terms of a summer flounder moratorium, scup 
moratorium, or black sea bass moratorium; or a spiny dogfish or 
bluefish commercial vessel permit, must also agree not to land summer 
flounder, scup, black sea bass, spiny dogfish, or bluefish, 
respectively, in any state after NMFS has published a notification in 
the Federal Register stating that the commercial quota for that state 
or period has been harvested and that no commercial quota is available 
for the respective species. A state not receiving an allocation of 
summer flounder, scup, black sea bass, or bluefish, either directly or 
through a coast-wide allocation, is deemed to have no commercial quota 
available. Owners and operators of vessels fishing under the terms of 
the tilefish commercial permit must agree not to land golden tilefish 
or blueline tilefish after NMFS has published a notification in the 
Federal Register stating that the respective quota for the golden 
tilefish incidental fishery and/or the commercial blueline tilefish 
fishery has been harvested, as described in Sec.  648.295, unless 
landing golden tilefish authorized under a golden tilefish IFQ 
allocation permit. Owners or operators fishing for surfclams and ocean 
quahogs within waters under the jurisdiction of any state that requires 
cage tags are not subject to any conflicting Federal minimum size or 
tagging requirements. If a surfclam and ocean quahog requirement of 
this part differs from a surfclam and ocean quahog management measure 
required by a state that does not require cage tagging, any vessel 
owners or operators permitted to fish in the EEZ for surfclams and 
ocean quahogs must comply with the more restrictive requirement while 
fishing in state waters. However, surrender of a surfclam and ocean 
quahog vessel permit by the owner by certified mail addressed to the 
Regional Administrator allows an individual to comply with the less 
restrictive state minimum size requirement, as long as fishing is 
conducted exclusively within state waters.
* * * * *
0
5. In Sec.  648.5, paragraph (a) is revised to read as follows:


Sec.  648.5  Operator permits.

    (a) General. Any operator of a vessel fishing for or possessing: 
Atlantic sea scallops, NE multispecies, spiny dogfish, monkfish, 
Atlantic herring, Atlantic surfclam, ocean quahog, Atlantic mackerel, 
squid, butterfish, scup, black sea bass, or Atlantic bluefish, 
harvested in or from the EEZ; golden tilefish or blueline tilefish 
harvested in or from the EEZ portion of the Tilefish Management Unit; 
skates harvested in or from the EEZ portion of the Skate Management 
Unit; or Atlantic deep-sea red crab harvested in or from the EEZ 
portion of the Red Crab Management Unit, issued a permit, including 
carrier and processing permits, for these species under this part, must 
have been issued under this section, and carry on board, a valid 
operator permit. An operator's permit issued pursuant to part 622 or 
part 697 of this chapter satisfies the permitting requirement of this 
section. This requirement does not apply to operators of recreational 
vessels.
* * * * *
0
6. In Sec.  648.6, paragraph (a)(1) is revised to read as follows:


Sec.  648.6  Dealer/processor permits.

    (a) General. (1) All dealers of NE multispecies, monkfish, skates, 
Atlantic herring, Atlantic sea scallop, Atlantic deep-sea red crab, 
spiny dogfish, summer flounder, Atlantic surfclam, ocean quahog, 
Atlantic mackerel, squid, butterfish, scup, bluefish, golden tilefish, 
blueline tilefish, and black sea bass; Atlantic surfclam and ocean 
quahog processors; Atlantic hagfish dealers and/or processors, and 
Atlantic herring processors or dealers, as described in Sec.  648.2; 
must have been issued under this section, and have in their possession, 
a valid permit or permits for these species.
* * * * *
0
7. In Sec.  648.14, paragraph (u) is revised to read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (u) Golden and blueline tilefish. It is unlawful for any person 
owning or operating a vessel to do any of the following:
    (1) Permit requirements--(i) Operator permit. Operate, or act as an 
operator of, a vessel with a tilefish permit, or a vessel fishing for 
or possessing golden or blueline tilefish in or from the Tilefish 
Management Unit, unless the operator has been issued, and is in 
possession of, a valid operator permit. This requirement does not apply 
to operators of private recreational vessels.
    (ii) Dealer permit. Purchase, possess, receive for a commercial 
purpose; or attempt to purchase, possess, or receive for a commercial 
purpose; as a dealer, or in the capacity of a dealer, golden or 
blueline tilefish that were harvested in or from the Tilefish 
Management Unit, without having been issued, and in possession of, a 
valid tilefish dealer permit.
    (iii) Vessel permit. (A) Sell, barter, trade, or otherwise transfer 
from a vessel; or attempt to sell, barter, trade, or otherwise transfer 
from a vessel; for a commercial purpose, other than solely for 
transport on land, any golden or blueline tilefish, unless the vessel 
has been issued a commercial tilefish permit, or unless the tilefish 
were harvested by a vessel without a commercial tilefish permit that 
fished exclusively in State waters.
    (B) Operate a vessel that takes recreational fishermen for hire to 
fish for golden or blueline tilefish in the Tilefish Management Unit 
without a valid Tilefish Charter/Party Vessel Permit, as required in 
Sec.  648.4(a)(12)(i).
    (2) Possession and landing. (i) Fish for, possess, retain, or land 
golden or blueline tilefish, unless:
    (A) The tilefish are being fished for or were harvested in or from 
the Tilefish Management Unit by a vessel holding a valid tilefish 
permit under this part, and the operator on board such vessel has been 
issued an operator permit that is on board the vessel.
    (B) The tilefish were harvested by a vessel that has not been 
issued a tilefish permit and that was fishing exclusively in State 
waters.
    (C) The tilefish were harvested in or from the Tilefish Management 
Unit by

[[Page 29269]]

a vessel, other than a Charter/Party vessel, that is engaged in 
recreational fishing.
    (ii) Land or possess golden or blueline tilefish harvested in or 
from the Tilefish Management Unit, in excess of either:
    (A) The relevant commercial trip limit specified at Sec.  648.295, 
unless possessing golden tilefish authorized pursuant to a valid 
tilefish IFQ allocation permit, as specified in Sec.  648.294(a).
    (B) The relevant recreational possession limit specified at Sec.  
648.296, if engaged in recreational fishing including charter/party 
vessels.
    (iii) Land golden tilefish harvested in or from the Tilefish 
Management Unit in excess of that authorized under a tilefish IFQ 
allocation permit as described at Sec.  648.294(a).
    (iv) Fish for golden or blueline tilefish inside and outside of the 
Tilefish Management Unit on the same trip.
    (v) Discard golden tilefish harvested in or from the Tilefish 
Management Unit, as defined in Sec.  648.2, unless participating in 
recreational fishing, as defined in Sec.  648.2, or while fishing 
subject to a trip limit pursuant to Sec.  648.295(a).
    (vi) Land or possess golden tilefish in or from the Tilefish 
Management Unit, on a vessel issued a valid tilefish permit under this 
part, after the incidental golden tilefish fishery is closed pursuant 
to Sec.  648.295(a)(2), unless fishing under a valid tilefish IFQ 
allocation permit as specified in Sec.  648.294(a), or engaged in 
recreational fishing.
    (vii) Land or possess blueline tilefish in or from the Tilefish 
Management Unit, on a vessel issued a valid tilefish permit under this 
part, after the commercial blueline tilefish fishery is closed pursuant 
to Sec.  648.295(b)(2), unless engaged in recreational fishing.
    (viii) Land or possess blueline tilefish in or from the Tilefish 
Management Unit, on a vessel issued a valid commercial tilefish permit 
under this part, that do not have the head and fins naturally attached 
to the fish.
    (3) Transfer and purchase. (i) Purchase, possess, or receive for a 
commercial purpose, other than solely for transport on land; or attempt 
to purchase, possess, or receive for a commercial purpose, other than 
solely for transport on land; golden or blueline tilefish caught by a 
vessel without a tilefish permit, unless the tilefish were harvested by 
a vessel without a tilefish permit that fished exclusively in State 
waters.
    (ii) Purchase or otherwise receive for commercial purposes golden 
or blueline tilefish caught in the EEZ from outside the Tilefish 
Management Unit unless otherwise permitted under 50 CFR part 622.
    (4) Presumption. For purposes of this part, the following 
presumption applies: All golden or blueline tilefish retained or 
possessed on a vessel issued any permit under Sec.  648.4 are deemed to 
have been harvested in or from the Tilefish Management Unit, unless the 
preponderance of all submitted evidence demonstrates that such tilefish 
were harvested by a vessel fishing exclusively in State waters.
* * * * *
0
8. Part 648 Subpart N heading is revised to read as follows:

Subpart N--Management Measures for the Golden Tilefish and Blueline 
Tilefish Fisheries

* * * * *
0
9. Section 648.290 is revised to read as follows:


Sec.  648.290  Tilefish Annual Catch Limits (ACL).

    (a) Golden tilefish. The Tilefish Monitoring Committee shall 
recommend to the MAFMC an ACL for the commercial golden tilefish 
fishery, which shall be equal to the ABC recommended by the SSC.
    (1) [Reserved]
    (2) Periodicity. The tilefish commercial ACL may be established on 
an annual basis for up to 3 years at a time, dependent on whether the 
SSC provides single or multiple-year ABC recommendations.
    (b) Blueline tilefish. The Tilefish Monitoring Committee shall 
recommend to the MAFMC separate ACLs for the commercial and 
recreational blueline tilefish fisheries, the sum total of which shall 
be equal to the ABC recommended by the SSC.
    (1) Sector allocations. The ACL for the commercial sector of the 
blueline tilefish fishery shall be 27 percent of the ABC, and the ACL 
for the recreational sector of the fishery shall be 73 percent of the 
ABC.
    (2) Periodicity. The blueline tilefish commercial and recreational 
ACLs may be established on an annual basis for up to 3 years at a time, 
dependent on whether the SSC provides single or multiple-year ABC 
recommendations.
    (c) Performance review. The Tilefish Monitoring Committee shall 
conduct a detailed review of golden tilefish and blueline tilefish 
fishery performance relative to the appropriate sector ACLs at least 
every 5 years.
    (1) If an ACL is exceeded with a frequency greater than 25 percent 
(i.e., more than once in 4 years or in any 2 consecutive years), the 
Tilefish Monitoring Committee will review fishery performance 
information and make recommendations to the MAFMC for changes in 
measures intended to ensure ACLs are not as frequently exceeded.
    (2) The MAFMC may specify more frequent or more specific ACL 
performance review criteria as part of a stock rebuilding plan 
following a determination that either the golden tilefish or blueline 
tilefish stock has become overfished.
    (3) Performance reviews shall not substitute for annual reviews 
that occur to ascertain if prior year ACLs have been exceeded, but may 
be conducted in conjunction with such reviews.
* * * * *
0
10. Section 648.291 is revised to read as follows:


Sec.  648.291  Tilefish Annual Catch Targets (ACT).

    (a) Golden tilefish. The Tilefish Monitoring Committee shall 
identify and review the relevant sources of management uncertainty to 
recommend an ACT as part of the golden tilefish specification process. 
The Tilefish Monitoring Committee recommendations shall identify the 
specific sources of management uncertainty that were considered, 
technical approaches to mitigating these sources of uncertainty, and 
any additional relevant information considered in the ACT 
recommendation process.
    (1) Sectors. The ACT shall be less than or equal to the ACL. The 
Tilefish Monitoring Committee shall include the fishing mortality 
associated with the recreational fishery in its ACT recommendations 
only if this source of mortality has not already been accounted for in 
the ABC recommended by the SSC. The Tilefish Monitoring Committee shall 
recommend any reduction in catch necessary to address sector-specific 
management uncertainty, consistent with paragraph (a) of this section.
    (2) Periodicity. ACTs may be established on an annual basis for up 
to 3 years at a time, dependent on whether the SSC provides single or 
multiple-year ABC recommendations.
    (b) Blueline tilefish. The Tilefish Monitoring Committee shall 
identify and review the relevant sources of management uncertainty to 
recommend ACTs for the commercial and recreational fishing sectors as 
part of the blueline tilefish specification process. The Tilefish 
Monitoring Committee recommendations shall identify the specific 
sources of management uncertainty that were considered,

[[Page 29270]]

technical approaches to mitigating these sources of uncertainty, and 
any additional relevant information considered in the ACT 
recommendation process.
    (1) Sectors. Commercial and recreational specific ACTs shall be 
less than or equal to the sector-specific ACLs. The Tilefish Monitoring 
Committee shall recommend any reduction in catch necessary to address 
sector-specific management uncertainty, consistent with paragraph (b) 
of this section.
    (2) Periodicity. ACTs may be established on an annual basis for up 
to 3 years at a time, dependent on whether the SSC provides single or 
multiple-year ABC recommendations.
    (c) Performance review. The Tilefish Monitoring Committee shall 
conduct a detailed review of golden tilefish and blueline tilefish 
fishery performance relative to the appropriate ACTs in conjunction 
with any ACL performance review, as outlined in Sec.  648.290(c)(1) 
through (3).
* * * * *
0
11. Section 648.292 is revised to read as follows:


Sec.  648.292  Tilefish specifications.

    (a) Golden Tilefish. The golden tilefish fishing year is the 12-
month period beginning with November 1, annually.
    (1) Annual specification process. The Tilefish Monitoring Committee 
shall review the ABC recommendation of the SSC, golden tilefish 
landings and discards information, and any other relevant available 
data to determine if the golden tilefish ACL, ACT, or total allowable 
landings (TAL) requires modification to respond to any changes to the 
golden tilefish stock's biological reference points or to ensure that 
the rebuilding schedule is maintained. The Monitoring Committee will 
consider whether any additional management measures or revisions to 
existing measures are necessary to ensure that the TAL will not be 
exceeded. Based on that review, the Monitoring Committee will recommend 
golden tilefish ACL, ACT, and TAL to the Tilefish Committee of the 
MAFMC. Based on these recommendations and any public comment received, 
the Tilefish Committee shall recommend to the MAFMC the appropriate 
golden tilefish ACL, ACT, TAL, and other management measures for a 
single fishing year or up to 3 years. The MAFMC shall review these 
recommendations and any public comments received, and recommend to the 
Regional Administrator, at least 120 days prior to the beginning of the 
next fishing year, the appropriate golden tilefish ACL, ACT, TAL, the 
percentage of TAL allocated to research quota, and any management 
measures to ensure that the TAL will not be exceeded, for the next 
fishing year, or up to 3 fishing years. The MAFMC's recommendations 
must include supporting documentation, as appropriate, concerning the 
environmental and economic impacts of the recommendations. The Regional 
Administrator shall review these recommendations, and after such 
review, NMFS will publish a proposed rule in the Federal Register 
specifying the annual golden tilefish ACL, ACT, TAL and any management 
measures to ensure that the TAL will not be exceeded for the upcoming 
fishing year or years. After considering public comments, NMFS will 
publish a final rule in the Federal Register to implement the golden 
tilefish ACL, ACT, TAL and any management measures. The previous year's 
specifications will remain effective unless revised through the 
specification process and/or the research quota process described in 
paragraph (a)(5) of this section. NMFS will issue notification in the 
Federal Register if the previous year's specifications will not be 
changed.
    (2) Total Allowable Landings (TAL). (i) The TAL for each fishing 
year will be specified pursuant to paragraph (a)(1) of this section.
    (ii) The sum of the TAL and the estimated discards shall be less 
than or equal to the ACT.
    (3) TAL allocation. For each fishing year, up to 3 percent of the 
golden tilefish TAL may be set aside for the purpose of funding 
research. Once a research amount, if any, is set aside, the golden 
tilefish TAL will first be reduced by 5 percent to adjust for the 
incidental catch. The remaining TAL will be allocated to the individual 
IFQ permit holders as described in Sec.  648.294(a).
    (4) Adjustments to the quota. If the incidental harvest exceeds 5 
percent of the golden tilefish TAL for a given fishing year, the 
incidental trip limit specified at Sec.  648.295(a)(1) may be reduced 
in the following fishing year. If an adjustment is required, a 
notification of adjustment of the quota will be published in the 
Federal Register.
    (5) Research quota. See Sec.  648.22(g).
    (b) Blueline tilefish. The blueline tilefish fishing year is the 
calendar year beginning on January 1, annually.
    (1) Recommended measures. Based on annual review, the Tilefish 
Monitoring Committee shall recommend to the Tilefish Committee of the 
MAFMC measures to ensure that the ACLs specified by the process 
outlined in Sec.  648.290(b), including:
    (i) Total Allowable Landings (TAL) for both the commercial and 
recreational sectors for each fishing year, where the sum of the TAL 
and sector-specific estimated discards shall be less than or equal to 
the sector ACT;
    (ii) Research quota for both the commercial and recreational 
sectors set from a range of 0 to 3 percent of the TAL, as described in 
paragraph (b)(3) of this section;
    (iii) Commercial trip limit;
    (iv) Commercial minimum fish size;
    (v) Recreational possession limit;
    (vi) Recreational minimum fish size;
    (vii) Recreational season;
    (viii) Retention requirements; and/or
    (ix) Any other measure needed to ensure the ACLs are not exceeded.
    (2) Annual specification process. The Tilefish Committee of the 
MAFMC shall review the recommendations of the Tilefish Monitoring 
Committee. Based on these recommendations and any public comment 
received, the Tilefish Committee shall recommend to the MAFMC the 
appropriate ACL, ACT, TAL, and other management measures for the 
blueline tilefish commercial and recreational sectors for a single 
fishing year or up to 3 years. The MAFMC shall review these 
recommendations and any public comments received, and recommend to the 
Regional Administrator, at least 120 days prior to the beginning of the 
next fishing year, the appropriate blueline tilefish ACLs, ACTs, TALs, 
the percentage of TAL allocated to research quota, and any management 
measures to ensure that the sector ACLs will not be exceeded, for the 
next fishing year, or up to 3 fishing years. The MAFMC's 
recommendations must include supporting documentation, as appropriate, 
concerning the environmental and economic impacts of the 
recommendations. The Regional Administrator shall review these 
recommendations, and after such review, NMFS will publish a proposed 
rule in the Federal Register specifying the annual blueline tilefish 
ACL, ACT, TAL and any management measures for the blueline tilefish 
commercial and recreational sectors to ensure that the sector ACLs will 
not be exceeded for the upcoming fishing year or years. After 
considering public comments, NMFS will publish a final rule in the 
Federal Register to implement the blueline tilefish commercial and 
recreational ACLs, ACTs, TALs and any management measures. The previous 
year's specifications will remain effective unless revised through the 
specification process and/or the

[[Page 29271]]

research quota process described in paragraph (b)(3) of this section. 
NMFS will issue notification in the Federal Register if the previous 
year's specifications will not be changed.
    (3) Research quota. See Sec.  648.22(g).
* * * * *
0
12. Section 648.293 is revised to read as follows:


Sec.  648.293  Tilefish accountability measures.

    (a) Golden tilefish. (1) Commercial incidental fishery closure. See 
Sec.  648.295(a)(2).
    (2) Commercial ACL overage evaluation. If the golden tilefish ACL 
is exceeded, the amount of the ACL overage that cannot be directly 
attributed to IFQ allocation holders having exceeded their IFQ 
allocation will be deducted from the golden tilefish ACL in the 
following fishing year. All overages directly attributable to IFQ 
allocation holders will be deducted from the appropriate IFQ 
allocation(s) in the subsequent fishing year, as required by Sec.  
648.294(f).
    (b) Blueline tilefish. (1) Commercial fishery closure. See Sec.  
648.295(b)(2).
    (2) Commercial ACL overage evaluation. The commercial sector ACL 
will be evaluated based on a single-year examination of total catch 
(landings and discards).
    (i) Commercial landings overage repayment. Landings in excess of 
the commercial ACL will be deducted from the commercial ACL for the 
following year.
    (ii) Non-landing accountability measure. In the event that the 
commercial ACL has been exceeded and the overage has not been 
accommodated through the landings-based AM, then the exact amount by 
which the commercial ACL was exceeded, in pounds, will be deducted, as 
soon as possible, from the applicable subsequent single fishing year 
commercial ACL.
    (3) Recreational ACL overage evaluation. The recreational sector 
ACL will be evaluated based on a 3-year moving average comparison of 
total catch (landings and discards). Both landings and dead discards 
will be evaluated in determining if the 3-year average recreational 
sector ACL has been exceeded. The 3-year moving average will be phased 
in over the first 3 years, beginning with 2017: Total recreational 
total catch from 2017 will be compared to the 2017 recreational sector 
ACL; the average total catch from both 2017 and 2018 will be compared 
to the average of the 2017 and 2018 recreational sector ACLs; the 
average total catch from 2017, 2018, and 2019 will be compared to the 
average of the 2017, 2018, and 2019 recreational sector ACLs and, for 
all subsequent years, the preceding 3-year average recreational total 
catch will be compared to the preceding 3-year average recreational 
sector ACL.
    (4) Recreational accountability measures (AM). If the recreational 
ACL is exceeded, then the following procedure will be followed:
    (i) If biomass is below threshold, the stock is under rebuilding, 
or biological reference points are unknown. If the most recent estimate 
of biomass is below the BMSY threshold (i.e., B/
BMSY is less than 0.5), the stock is under a rebuilding 
plan, or the biological reference points (B or BMSY) are 
unknown, and the recreational ACL has been exceeded, then the exact 
amount, in pounds, by which the most recent year's recreational catch 
estimate exceeded the most recent year's recreational ACL will be 
deducted in the following fishing year, or as soon as possible 
thereafter, once catch data are available, from the recreational ACT, 
as a single-year adjustment. Changes to management measures would also 
be considered through the specifications process to avoid future 
overages.
    (ii) If biomass is above the threshold, but below the target, and 
the stock is not under rebuilding. If the most recent estimate of 
biomass is above the biomass threshold (B/BMSY is greater 
than 0.5), but below the biomass target (B/BMSY is less than 
1.0), and the stock is not under a rebuilding plan, then the following 
AMs will apply:
    (A) If the recreational ACL has been exceeded. If the Recreational 
ACL has been exceeded, then adjustments to the recreational management 
measures, taking into account the performance of the measures and 
conditions that precipitated the overage, will be made in the following 
fishing year, or as soon as possible thereafter, once catch data are 
available, as a single-year adjustment.
    (B) If the ABC has been exceeded. If the ABC has been exceeded, 
then a single-year adjustment to the recreational ACT will be made in 
the following fishing year, or as soon as possible thereafter, once 
catch data are available, as described below. In addition, adjustments 
to the recreational management measures, taking into account the 
performance of the measures and conditions that precipitated the 
overage, will be made in the following year.
    (1) Adjustment to recreational ACT. If an adjustment to the 
following year's recreational ACT is required, then the ACT will be 
reduced by the exact amount, in pounds, of the product of the overage, 
defined as the difference between the recreational catch and the 
recreational ACL, and the payback coefficient.
    (2) Payback coefficient. The payback coefficient is the difference 
between the most recent estimate of biomass and BMSY (i.e., 
BMSY-B) divided by one-half of BMSY.
    (iii) If biomass is above target. If the most recent estimate of 
biomass is above BMSY (i.e., B/BMSY is greater 
than 1.0), then adjustments to the recreational management measures, 
taking into account the performance of the measures and conditions that 
precipitated the overage, will be made in the following fishing year, 
or as soon as possible thereafter, once catch data are available, as a 
single-year adjustment.
* * * * *
0
13. Section 648.294 is amended to read as follows by:
0
a. Revising the section heading;
0
b. Revising paragraphs (a)(1) and (a)(2);
0
c. Revising paragraph (b)(1) introductory text and paragraph (b)(4);
0
d. Revising paragraphs (e)(3)(ii), (e)(3)(iii), and (e)(4);
0
e. Revising paragraph (f);
0
f. Revising paragraph (g); and
0
g. Revising paragraphs (h)(1), (h)(2)(ii), and (h)(4)(i).


Sec.  648.294  Golden tilefish individual fishing quota (IFQ) program.

    (a) IFQ allocation permits. (1) After adjustments for incidental 
catch, research set-asides, and overages, as appropriate, pursuant to 
Sec.  648.292(a)(3), the Regional Administrator shall divide the 
remaining golden tilefish TAL among the IFQ quota shareholders who held 
IFQ quota share as of September 1 of a given fishing year. Allocations 
shall be made by applying the IFQ quota share percentages that exist on 
September 1 of a given fishing year to the IFQ TAL pursuant to Sec.  
648.292(a)(3), subject to any deductions for overages pursuant to 
paragraph (f) of this section. Amounts of IFQ allocation of 0.5 lb 
(0.23 kg) or smaller created by this calculation shall be rounded 
downward to the nearest whole number, and amounts of IFQ allocation 
greater than 0.5 lb (0.23 kg) shall be rounded upward to the nearest 
whole number, so that annual IFQ allocations are specified in whole 
pounds.
    (2) Allocations shall be issued in the form of an annual IFQ 
allocation permit. The IFQ allocation permit shall specify the quota 
share percentage held by the IFQ allocation permit holder and the total 
pounds of golden tilefish that the

[[Page 29272]]

IFQ allocation permit holder is authorized to harvest.
* * * * *
    (b) Application--(1) General. Applicants for a permit under this 
section must submit a completed application on an appropriate form 
obtained from NMFS. The application must be filled out completely and 
signed by the applicant. Each application must include a declaration of 
all interests in IFQ quota shares and IFQ allocations, as defined in 
Sec.  648.2, listed by IFQ allocation permit number, and must list all 
Federal vessel permit numbers for all vessels that an applicant owns or 
leases that would be authorized to possess golden tilefish pursuant to 
the IFQ allocation permit. The Regional Administrator will notify the 
applicant of any deficiency in the application.
* * * * *
    (4) IFQ Vessel. All Federal vessel permit numbers that are listed 
on the IFQ allocation permit are authorized to possess golden tilefish 
pursuant to the IFQ allocation permit until the end of the fishing year 
or until NMFS receives written notification from the IFQ allocation 
permit holder that the vessel is no longer authorized to possess golden 
tilefish pursuant to the subject permit. An IFQ allocation permit 
holder who wishes to authorize an additional vessel(s) to possess 
golden tilefish pursuant to the IFQ allocation permit must send written 
notification to NMFS. This notification must include the vessel name 
and permit number, and the dates on which the IFQ allocation permit 
holder desires the vessel to be authorized to land golden tilefish 
pursuant to the IFQ allocation permit. A copy of the IFQ allocation 
permit must be carried on board each vessel so authorized to possess 
IFQ golden tilefish.
* * * * *
    (e) * * *
    (3) * * *
    (ii) A transfer of IFQ allocation or quota share will not be 
approved by the Regional Administrator if it would result in an entity 
holding, or having an interest in, a percentage of IFQ allocation 
exceeding 49 percent of the total golden tilefish adjusted TAL.
    (iii) For the purpose of calculating the appropriate IFQ cost 
recovery fee, if the holder of an IFQ allocation leases additional IFQ 
allocation, the quantity and value of golden tilefish landings made 
after the date the lease is approved by the Regional Administrator are 
attributed to the transferred quota before being attributed to the 
allocation holder's base IFQ allocation, if any exists. In the event of 
multiple leases, landings would be attributed to the leased allocations 
in the order the leases were approved by the Regional Administrator. As 
described in paragraph (h) of this section, a tilefish IFQ quota share 
allocation holder shall incur a cost recovery fee, based on the value 
of landings of golden tilefish authorized under the allocation holder's 
annual tilefish IFQ allocation, including allocation that is leased to 
another IFQ allocation permit holder.
    (4) Application for an IFQ allocation transfer. Any IFQ allocation 
permit holder applying for either permanent transfer of IFQ quota share 
or temporary transfer of annual IFQ allocation must submit a completed 
IFQ Allocation Transfer Form, available from NMFS. The IFQ Allocation 
Transfer Form must be submitted to the NMFS Greater Atlantic Regional 
Fisheries Office at least 30 days before the date on which the 
applicant desires to have the IFQ allocation transfer effective. The 
Regional Administrator shall notify the applicants of any deficiency in 
the application pursuant to this section. Applications for permanent 
IFQ quota share allocation transfers must be received by September 1 to 
be processed and effective before annual IFQ allocations are issued for 
the next fishing year. Applications for temporary IFQ allocation 
transfers must be received by October 10 to be processed for the 
current fishing year.
* * * * *
    (f) IFQ allocation overages. If an IFQ allocation is exceeded, 
including by amounts of golden tilefish landed by a lessee in excess of 
a temporary transfer of IFQ allocation, the amount of the overage will 
be deducted from the IFQ shareholder's allocation in the subsequent 
fishing year(s). If an IFQ allocation overage is not deducted from the 
appropriate allocation before the IFQ allocation permit is issued for 
the subsequent fishing year, a revised IFQ allocation permit reflecting 
the deduction of the overage shall be issued by NMFS. If the allocation 
cannot be reduced in the subsequent fishing year because the full 
allocation has already been landed or transferred, the IFQ allocation 
permit will indicate a reduced allocation for the amount of the overage 
in the next fishing year.
    (g) IFQ allocation acquisition restriction. No person or entity may 
acquire more than 49 percent of the annual adjusted golden tilefish 
TAL, specified pursuant to Sec.  648.294, at any point during a fishing 
year. For purposes of this paragraph, acquisition includes any 
permanent transfer of IFQ quota share or temporary transfer of annual 
IFQ allocation. The calculation of IFQ allocation for purposes of the 
restriction on acquisition includes IFQ allocation interests held by: A 
company in which the IFQ holder is a shareholder, officer, or partner; 
an immediate family member; or a company in which the IFQ holder is a 
part owner or partner.
    (h) * * *
    (1) Payment responsibility. Each tilefish IFQ allocation permit 
holder with quota share shall incur a cost recovery fee annually, based 
on the value of landings of golden tilefish authorized under his/her 
tilefish IFQ allocation, including allocation that he/she leases to 
another IFQ allocation permit holder. The tilefish IFQ allocation 
permit holder is responsible for paying the fee assessed by NMFS.
    (2) * * *
    (ii) Calculating fee percentage. The recoverable costs determined 
by the Regional Administrator will be divided by the total ex-vessel 
value of all golden tilefish IFQ landings during the cost recovery 
billing period to derive a fee percentage. Each IFQ allocation permit 
holder with quota share will be assessed a fee based on the fee 
percentage multiplied by the total ex-vessel value of all landings 
under his/her IFQ allocation permit, including landings of allocation 
that was leased to another IFQ allocation permit holder.
    (A) The ex-vessel value for each pound of golden tilefish landed by 
an IFQ allocation permit holder shall be determined from Northeast 
Federal dealer reports submitted to NMFS, which include the price per 
pound paid to the vessel at the time of dealer purchase.
    (B) The cost recovery fee percentage shall not exceed 3 percent of 
the total value of golden tilefish landings, as required under section 
304(d)(2)(B) of the Magnuson-Stevens Act.
* * * * *
    (4) * * *
    (i) At any time thereafter, notify the IFQ allocation permit holder 
in writing that his/her IFQ allocation permit is suspended, thereby 
prohibiting landings of tilefish above the incidental limit, as 
specified at Sec.  648.295(a).
* * * * *
0
14. Section 648.295 is revised to read as follows:


Sec.  648.295   Tilefish commercial trip limits.

    (a) Golden tilefish. (1) Incidental trip limit for vessels not 
fishing under an IFQ allocation. Any vessel of the United States 
fishing under a tilefish permit, as described at Sec.  648.4(a)(12), is 
prohibited from possessing more than 500 lb (226.8

[[Page 29273]]

kg) of golden tilefish at any time, unless the vessel is fishing under 
a tilefish IFQ allocation permit, as specified at Sec.  648.294(a). Any 
golden tilefish landed by a vessel fishing under an IFQ allocation 
permit, on a given fishing trip, count as landings under the IFQ 
allocation permit.
    (2) In-season closure of the incidental fishery. The Regional 
Administrator will monitor the harvest of the golden tilefish 
incidental TAL based on dealer reports and other available information, 
and shall determine the date when the incidental golden tilefish TAL 
has been landed. The Regional Administrator shall publish a notice in 
the Federal Register notifying vessel and dealer permit holders that, 
effective upon a specific date, the incidental golden tilefish fishery 
is closed for the remainder of the fishing year.
    (b) Blueline tilefish. (1) Commercial possession limit. Any vessel 
of the United States fishing under a tilefish permit, as described at 
Sec.  648.4(a)(12), is prohibited from possessing more than 300 lb (136 
kg) of blueline tilefish per trip in or from the Tilefish Management 
Unit. Commercial blueline tilefish must be landed with head and fins 
naturally attached, but may be gutted.
    (2) In-season closure of the commercial fishery. The Regional 
Administrator will monitor the harvest of the blueline tilefish 
commercial TAL based on dealer reports and other available information, 
and shall determine the date when the blueline tilefish commercial TAL 
will be landed. The Regional Administrator shall publish a notice in 
the Federal Register notifying vessel and dealer permit holders that, 
effective upon a specific date, the blueline tilefish commercial 
fishery is closed for the remainder of the fishing year.
* * * * *
0
15. Section 648.296 is revised to read as follows:


Sec.  648.296   Tilefish recreational possession limits.

    (a) Golden Tilefish. Any person fishing from a vessel that is not 
fishing under a tilefish commercial vessel permit issued pursuant to 
Sec.  648.4(a)(12), may land up to eight golden tilefish per trip. 
Anglers fishing onboard a charter/party vessel shall observe the 
recreational possession limit.
    (b) Blueline Tilefish. (1) Private recreational vessels. Any person 
fishing from a vessel that is not fishing under a tilefish commercial 
or Charter/Party vessel permit issued pursuant to Sec.  648.4(a)(12), 
may land up to three blueline tilefish per trip.
    (2) Uninspected for-hire vessels. Anglers fishing onboard a for-
hire vessel under a tilefish Charter/Party vessel permit issued 
pursuant to Sec.  648.4(a)(12), which has not been issued a valid U.S. 
Coast Guard Certificate of Inspection may land up to five blueline 
tilefish per person per trip.
    (3) Inspected for-hire vessels. Anglers fishing onboard a for-hire 
vessel under a tilefish Charter/Party vessel permit issued pursuant to 
Sec.  648.4(a)(12), which has been issued a valid U.S. Coast Guard 
Certificate of Inspection may land up to seven blueline tilefish per 
person per trip.
    (c) Enforcement. Tilefish harvested by vessels subject to the 
possession limits with more than one person on board may be pooled in 
one or more containers. Compliance with the golden tilefish possession 
limit will be determined by dividing the number of golden tilefish on 
board by the number of persons on board. Compliance with the blueline 
tilefish possession limit will be determined by dividing the number of 
blueline tilefish on board by the number of persons on board. The 
captain and crew of a party or charter boat are not counted in 
determining the possession limit. If there is a violation of the 
possession limit on board a vessel carrying more than one person, the 
violation shall be deemed to have been committed by the owner and 
operator of the vessel.
* * * * *
0
16. In Sec.  648.299, revise paragraphs (a)(1)(xix), (a)(1)(xx), and 
(a)(1)(xxi), and add paragraphs (a)(1)(xxii) and (a)(1)(xxiii) to read 
as follows:


Sec.  648.299   Tilefish framework specifications.

    (a) * * *
    (1) * * *
    (xix) Recreational management measures, including the bag limit, 
minimum fish size limit, seasons, and gear restrictions or 
prohibitions;
    (xx) Golden tilefish IFQ program review components, including 
capacity reduction, safety at sea issues, transferability rules, 
ownership concentration caps, permit and reporting requirements, and 
fee and cost-recovery issues;
    (xxi) Blueline tilefish recreational permitting and reporting 
requirements previously considered by the MAFMC; and
    (xxiii) Blueline tilefish allocations to the commercial and 
recreational sectors of the fishery within the range of allocation 
alternatives considered by the MAFMC in Amendment 6.
    (xxii) Measures that require significant departures from previously 
contemplated measures or that are otherwise introducing new concepts 
may require a formal amendment of the FMP instead of a framework 
adjustment.
* * * * *
[FR Doc. 2017-13390 Filed 6-27-17; 8:45 am]
BILLING CODE 3510-22-P