[Federal Register Volume 82, Number 208 (Monday, October 30, 2017)]
[Proposed Rules]
[Pages 50101-50104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23453]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 170828813-7813-01]
RIN 0648-BH15


Snapper-Grouper Fishery of the South Atlantic Region; Temporary 
Measures To Reduce Overfishing of Golden Tilefish

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

ACTION: Proposed temporary rule; request for comments.

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SUMMARY: This proposed temporary rule would implement interim measures 
to reduce overfishing of golden tilefish in Federal waters of the South 
Atlantic. Beginning in 2018, this temporary rule would reduce the total 
annual catch limit (ACL), the commercial and recreational sector ACLs, 
and the quotas for the hook-and-line and longline components of the 
commercial sector. This proposed temporary rule would be effective for 
180 days, although NMFS may extend the temporary rule's effectiveness 
for a maximum of an additional 186 days. The intended effect of this 
proposed temporary rule is to reduce overfishing of golden tilefish 
while the South Atlantic Fishery Management Council develops long-term 
management measures.

DATES: Written comments must be received by November 14, 2017.

ADDRESSES: You may submit comments on the proposed temporary rule, 
identified by ``NOAA-NMFS-2017-0111,'' by either of the following 
methods:
     Electronic submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal: http://www.regulations.gov. Go to www.regulations.gov/#!docketDetail;D=NOAA-
NMFS-2017-0111 click the ``Comment Now!'' icon, complete the required 
fields, and enter or attach your comments.
     Mail: Submit written comments to Karla Gore, NMFS 
Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL 
33701.
    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 a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in required fields if you wish to remain 
anonymous).
    Electronic copies of an environmental assessment (EA) supporting 
these interim measures may be obtained from the Southeast Regional 
Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/2017/golden_tilefish_interim/index.html. The EA includes a 
Regulatory Flexibility Act (RFA) analysis.

FOR FURTHER INFORMATION CONTACT: Karla Gore, NMFS Southeast Regional 
Office, telephone: 727-551-5753, or email: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery in the South 
Atlantic region is managed under the Fishery Management Plan for 
Snapper-Grouper Fishery of the South Atlantic Region (FMP) and includes 
golden tilefish, along with other snapper-grouper species. The FMP was 
prepared by the South Atlantic Fishery Management Council (Council) and 
is implemented by NMFS through regulations at 50 CFR part 622 under 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act).

Background

    The Magnuson-Stevens Act requires that NMFS and regional fishery 
management councils prevent overfishing and achieve, on a continuing 
basis, the optimum yield from federally managed fish stocks. These 
mandates are intended to ensure that fishery resources are managed for 
the greatest overall benefit to the nation, particularly with respect 
to providing food production and recreational opportunities, and 
protecting marine ecosystems.
    Golden tilefish are harvested by both commercial and recreational 
fishermen throughout the South Atlantic, although total landings are 
dominated by the commercial sector using bottom longline gear. Golden 
tilefish are also harvested commercially using hook-and-line gear, 
while the recreational

[[Page 50102]]

sector harvests at a much lower level than either component of the 
commercial sector. Using data through 2010, the golden tilefish stock 
was assessed in 2011 through the Southeast Data, Assessment, and Review 
(SEDAR) stock assessment process (SEDAR 25). SEDAR 25 results indicated 
that golden tilefish was not subject to overfishing, and was not 
overfished. Based upon the results of SEDAR 25, Amendment 18B to the 
FMP and its implementing final rule allocated the total ACL among the 
sectors and commercial gear components, and specified the ACLs based 
upon the allocation percentages, among other actions (78 FR 23858, 
April 23, 2013). For golden tilefish, 97 percent of the total ACL is 
allocated to the commercial sector, with 25 percent of the commercial 
ACL available for harvest by the hook-and-line component and 75 percent 
available for the longline component. The recreational sector is 
allocated three percent of the total ACL.
    In April 2016, an update to SEDAR 25 was completed for golden 
tilefish using data through 2014 (SEDAR 25 Update 2016). The SEDAR 25 
Update 2016 indicated that golden tilefish is undergoing overfishing 
but is not overfished. NMFS notified the Council of the updated stock 
status determination in a letter dated January 4, 2017. As mandated by 
the Magnuson-Stevens Act, NMFS and the Council must prepare and 
implement a plan amendment and regulations to end overfishing of golden 
tilefish.
    In May 2016, the Council's Scientific and Statistical Committee 
(SSC) reviewed the SEDAR 25 Update 2016 and provided fishing level 
recommendations for the stock. The SSC determined that the SEDAR 25 
Update 2016 was based on the best scientific information available. The 
Council received the results of the SEDAR 25 Update 2016 and the SSC 
recommendations in June 2016, and Council members stated their concern 
over the large differences in biological benchmarks between SEDAR 25 
and the SEDAR 25 Update 2016 and the much lower fishing level 
recommendations in the SEDAR 25 Update 2016. The Council subsequently 
requested that the SSC review the SEDAR 25 Update 2016, primarily as a 
result of their concerns about the socio-economic consequences of the 
large catch level reductions suggested by the SEDAR 25 Update 2016, and 
the large buffer recommended between the acceptable biological catch 
(ABC) and the overfishing limit.
    In May 2017, the SEDAR Steering Committee considered a Council 
request for another golden tilefish update assessment, which was 
intended to address the SEDAR 25 Update 2016 concerns raised by the 
Council and their SSC during their earlier reviews. While an update 
assessment could not be included in the SEDAR schedule for 2017, the 
Southeast Fisheries Science Center agreed to revise the SEDAR 25 Update 
2016 to address these Council concerns.
    The revised stock assessment for golden tilefish will be reviewed 
by the SSC at its October 2017 meeting, and the Council is scheduled to 
discuss the revised assessment results at their December 2017 meeting. 
The results of the revised assessment will be used to develop Amendment 
45 to the FMP, which is intended to end overfishing of golden tilefish 
with long-term management measures.
    The revised ABC recommendations from the Council's SSC will not be 
available until late October 2017, which provides insufficient time for 
the Council and NMFS to develop and implement management measures, 
respectively, to end overfishing of golden tilefish in time for the 
start of the 2018 fishing year on January 1, 2018. Therefore, in a 
letter to NMFS dated June 27, 2017, the Council requested that NMFS 
implement interim measures to immediately reduce overfishing of golden 
tilefish while long-term measures can be developed through Amendment 
45. For 2018, the Council recommended setting the total ACL at the 
projected yield at 75 percent of the yield produced by the fishing 
mortality rate at maximum sustainable yield, which would be 323,000 lb 
(146,510 kg), gutted weight, 361,760 lb (164,092 kg), round weight. The 
interim measures in a final temporary rule would be effective for 180 
days after the publication date in the Federal Register and may be 
extended for an additional 186 days. If NMFS does not extend the 
proposed interim measures beyond 180 days, the total and sector ACLs, 
as well as the quotas for the hook-and-line and longline components of 
the commercial sector would revert to their current values.

Management Measures Contained in This Proposed Temporary Rule

    During the effectiveness of this proposed temporary rule in 2018, 
the total ACL for golden tilefish would be 323,000 lb (146,510 kg), 
gutted weight, 361,760 lb (164,092 kg), round weight. This proposed 
temporary rule would also specify the commercial and recreational 
sector ACLs and component commercial quotas using the existing sector 
allocations of 97 percent commercial and 3 percent recreational, as 
well as 25 percent of the commercial ACL available for the hook-and-
line component and 75 percent available for the longline component. 
Therefore, during the effectiveness of this proposed temporary rule in 
2018, the commercial ACL would be 313,310 lb (142,115 kg), gutted 
weight. The commercial quota for the hook-and-line component would be 
78,328 lb (35,529 kg), gutted weight, and the commercial quota for the 
longline component would be 234,982 lb (106,586 kg), gutted weight. The 
recreational ACL during the effectiveness of this proposed temporary 
rule in 2018 would be 2,187 fish, which is equivalent to 9,690 lb 
(4,395 kg), gutted weight.
    The temporary reductions in the ACLs could result in earlier in-
season closures particularly for the commercial sector. The earlier 
closures would likely result in short-term adverse socio-economic 
effects. However, the temporary ACLs and quotas are expected to 
minimize future adverse socio-economic effects by potentially reducing 
future reductions in the ACLs and quotas required to end overfishing 
through Amendment 45. The temporary ACLs and quotas would also provide 
biological benefits to the golden tilefish stock by reducing the 
current levels of fishing mortality.

Future Action

    NMFS has determined that this proposed temporary rule is necessary 
to reduce overfishing of golden tilefish in the South Atlantic. NMFS 
will consider all public comments received on this proposed temporary 
rule in determining whether to proceed with a final temporary rule and, 
if so, whether any revisions to the final temporary rule would be 
appropriate. If NMFS issues a final temporary rule, it would be 
effective for not more than 180 days after the date of publication in 
the Federal Register, as authorized by section 305(c) of the Magnuson-
Stevens Act. The final temporary rule could be extended if NMFS 
publishes a temporary rule extension in the Federal Register for up to 
an additional 186 days, provided that the public has had an opportunity 
to comment on the rule, such as through this proposed temporary rule.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this proposed 
temporary rule is consistent with the Magnuson-Stevens Act, and other 
applicable laws, subject to further consideration after public comment.

[[Page 50103]]

    This proposed temporary rule has been determined to be not 
significant for purposes of Executive Order 12866.
    NMFS prepared an initial regulatory flexibility analysis (IRFA) for 
this proposed temporary rule, as required by section 603 of the RFA, 5 
U.S.C. 603. The IRFA describes the economic impact that this proposed 
temporary rule, if implemented, would have on small entities. A 
description of this proposed temporary rule, why it is being 
considered, and the objectives of, and legal basis for this proposed 
temporary rule are contained at the beginning of this section in the 
preamble and in the SUMMARY section of the preamble. A copy of the full 
analysis is available from the NMFS (see ADDRESSES). A summary of the 
IRFA follows.
    The Magnuson-Stevens Act provides the statutory basis for this 
rule. No duplicative, overlapping, or conflicting Federal rules have 
been identified. In addition, no new reporting, record-keeping, or 
other compliance requirements are introduced by this proposed temporary 
rule. Accordingly, this rule does not implicate the Paperwork Reduction 
Act.
    This proposed temporary rule, if implemented, would be expected to 
directly affect all commercial vessels that harvest South Atlantic 
golden tilefish under the FMP. The change in recreational ACL in this 
proposed temporary rule would not directly apply to or regulate charter 
vessel and headboat (for-hire) businesses. Any impact to the 
profitability or competitiveness of for-hire fishing businesses would 
be the result of changes in for-hire angler demand and would therefore 
be indirect in nature. The RFA does not consider recreational anglers, 
who would be directly affected by this proposed temporary rule, to be 
small entities, so they are outside the scope of this analysis and only 
the effects on commercial vessels were analyzed. For RFA purposes only, 
NMFS has established a small business size standard for businesses, 
including their affiliates, 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 affiliates), and has combined annual receipts not 
in excess of $11 million for all its affiliated operations worldwide.
    As of August 10, 2017, there were 544 vessels with valid or 
renewable Federal South Atlantic snapper-grouper unlimited permits, 114 
valid or renewable 225-lb trip limited permits, and 22 golden tilefish 
longline endorsements. The golden tilefish longline endorsement system 
started in 2013. From 2012 through 2016, an average of 23 longline 
vessels per year landed golden tilefish in the South Atlantic. These 
vessels, combined, averaged 255 trips per year in the South Atlantic on 
which golden tilefish were landed, and 182 trips taken in the South 
Atlantic on which no golden tilefish were harvested or in areas outside 
the South Atlantic. The average annual total dockside revenue (2016 
dollars) for these vessels combined was approximately $1.56 million 
from golden tilefish, $0.10 million from other species co-harvested 
with golden tilefish (on the same trips), and $0.43 million from trips 
in the South Atlantic on which no golden tilefish were harvested or in 
areas outside the South Atlantic. Total average annual revenue from all 
species harvested by longline vessels harvesting golden tilefish in the 
South Atlantic was approximately $2.10 million, or approximately 
$92,000 per vessel. Longline vessels generated approximately 74 percent 
of their total revenues from golden tilefish. For the same period, an 
average of 82 vessels per year landed golden tilefish using other gear 
types (mostly hook-and-line) in the South Atlantic. These vessels, 
combined, averaged 483 trips per year in the South Atlantic on which 
golden tilefish were landed, and 2,862 trips taken in the South 
Atlantic on which no golden tilefish were harvested or in areas outside 
the South Atlantic. The average annual total dockside revenue (2016 
dollars) for these 82 vessels was approximately $0.36 million from 
golden tilefish, $0.66 million from other species co-harvested with 
golden tilefish (on the same trips in the South Atlantic), and $4.13 
million from trips in the South Atlantic on which no golden tilefish 
were harvested or in areas outside the South Atlantic. The total 
average annual revenue from all species harvested by these 82 vessels 
was approximately $5.16 million, or approximately $62,000 per vessel. 
Approximately seven percent of these vessels' total revenues came from 
golden tilefish. Based on the foregoing revenue information, all 
commercial vessels using longlines or other gear types (mostly hook-
and-line) affected by the proposed temporary rule may be assumed to be 
small entities.
    Because all entities expected to be directly affected by this 
proposed temporary rule are assumed to be small entities, NMFS has 
determined that this proposed temporary rule would affect a substantial 
number of small entities. For the same reason, the issue of 
disproportionate effects on small versus large entities does not arise 
in the present case.
    Reducing the South Atlantic stock ACL for golden tilefish would 
reduce the specific ACLs for the commercial and recreational sectors. 
These ACL reductions would result in ex-vessel revenue losses of 
approximately $229,000 for hook-and-line vessels and $600,000 for 
longline vessels over the entire 2018 fishing year. Ex-vessel revenue 
reductions for the commercial sector would result in profit reductions, 
although this is more likely for longline vessels as they are more 
dependent on golden tilefish than hook-and-line vessels.
    The following discusses the alternatives that were not selected as 
preferred by the Council.
    Four alternatives, including the preferred alternative as described 
above, were considered for reducing the stock and sector ACLs for South 
Atlantic golden tilefish. The first alternative, the no action 
alternative, would maintain the current economic benefits to all 
participants in the South Atlantic golden tilefish component of the 
snapper-grouper fishery. This alternative, however, would not address 
the need to curtail continued overfishing of the stock, very likely 
leading into the adoption of more stringent measures in the near 
future. The second alternative would reduce the ACLs more than the 
preferred alternative, and thus would be expected to result in larger 
revenue (and profit) losses to the commercial sector. The third 
alternative would establish higher ACLs than the preferred alternative. 
Although this alternative would result in lower revenue losses to the 
commercial sector, the ACLs it would establish may not be low enough to 
address the overfishing status of the stock. To an extent, this 
alternative would leave open a greater likelihood of implementing more 
stringent measures when more long-term management actions are 
implemented in Amendment 45.

List of Subjects in 50 CFR Part 622

    Annual catch limit, Fisheries, Fishing, Golden tilefish, South 
Atlantic.

    Dated: October 23, 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 622 is 
proposed to be amended as follows:

[[Page 50104]]

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

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

0
2. In Sec.  622.190, suspend paragraphs (a)(2)(i) through (iii) and add 
paragraphs (a)(2)(iv) through (vi) to read as follows:


Sec.  622.190  Quotas.

* * * * *
    (a) * * *
    (2) * * *
    (iv) Hook-and-line and longline components combined--313,310 lb 
(142,115 kg).
    (v) Hook-and-line component--78,328 lb (35,529 kg).
    (vi) Longline component--234,982 lb (106,586 kg).
* * * * *
0
3. In Sec.  622.193, suspend paragraphs (a)(1)(i), (ii), and (iii), and 
(a)(2), and add paragraphs (a)(1)(iv), (v), and (vi), and (a)(3) to 
read as follows:


Sec.  622.193  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

    (a) * * *
    (1) * * *
    (iv) Hook-and-line component. If commercial landings for golden 
tilefish, as estimated by the SRD, reach or are projected to reach the 
commercial ACL (commercial quota) specified in Sec.  622.190(a)(2)(v), 
the AA will file a notification with the Office of the Federal Register 
to close the hook-and-line component of the commercial sector for the 
remainder of the fishing year. Applicable restrictions after a 
commercial quota closure are specified in Sec.  622.190(c).
    (v) Longline component. If commercial landings for golden tilefish, 
as estimated by the SRD, reach or are projected to reach the commercial 
ACL (commercial quota) specified in Sec.  622.190(a)(2)(vi), the AA 
will file a notification with the Office of the Federal Register to 
close the longline component of the commercial sector for the remainder 
of the fishing year. After the commercial ACL for the longline 
component is reached or projected to be reached, golden tilefish may 
not be fished for or possessed by a vessel with a golden tilefish 
longline endorsement. Applicable restrictions after a commercial quota 
closure are specified in Sec.  622.190(c).
    (vi) If commercial landings of golden tilefish, as estimated by the 
SRD, exceed the commercial ACL (including both the hook-and-line and 
longline component quotas) specified in Sec.  622.190(a)(2)(iv), and 
the combined commercial and recreational ACL of 323,000 lb (146,510 
kg), gutted weight, 361,760 lb (164,092 kg), round weight, is exceeded 
during the same fishing year, and golden tilefish are overfished based 
on the most recent Status of U.S. Fisheries Report to Congress, the AA 
will file a notification with the Office of the Federal Register to 
reduce the commercial ACL for that following fishing year by the amount 
of the commercial ACL overage in the prior fishing year.
* * * * *
    (3) Recreational sector. (i) If recreational landings of golden 
tilefish, as estimated by the SRD, reach or are projected to reach the 
recreational ACL of 2,187 fish, the AA will file a notification with 
the Office of the Federal Register to close the recreational sector for 
the remainder of the fishing year regardless if the stock is 
overfished, unless NMFS determines that no closure is necessary based 
on the best scientific information available. On and after the 
effective date of such a notification, the bag and possession limits 
for golden tilefish in or from the South Atlantic EEZ are zero.
    (ii) If recreational landings of golden tilefish, as estimated by 
the SRD, exceed the recreational ACL, then during the following fishing 
year recreational landings will be monitored for a persistence in 
increased landings, and if necessary, the AA will file a notification 
with the Office of the Federal Register to reduce the length of the 
recreational fishing season and the recreational ACL by the amount of 
the recreational ACL overage, if the species is overfished based on the 
most recent Status of U.S. Fisheries Report to Congress, and if the 
combined commercial and recreational ACL of 323,000 lb (146,510 kg), 
gutted weight, 361,760 lb (164,092 kg), round weight, is exceeded 
during the same fishing year. The AA will use the best scientific 
information available to determine if reducing the length of the 
recreational fishing season and recreational ACL is necessary. When the 
recreational sector is closed as a result of NMFS reducing the length 
of the recreational fishing season and ACL, the bag and possession 
limits for golden tilefish in or from the South Atlantic EEZ are zero.
* * * * *
[FR Doc. 2017-23453 Filed 10-27-17; 8:45 am]
BILLING CODE 3510-22-P