[Federal Register Volume 83, Number 49 (Tuesday, March 13, 2018)]
[Rules and Regulations]
[Pages 10803-10807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04974]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 160229159-8236-02]
RIN 0648-BF85


Fisheries of the Northeastern United States; Framework 2 to the 
Tilefish Fishery Management Plan

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

ACTION: Final rule.

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[[Page 10804]]

SUMMARY: This final rule implements the management measures contained 
in Framework Adjustment 2 to the Tilefish Fishery Management Plan and 
adjusts the 2018 specifications for this fishery. The Mid-Atlantic 
Fishery Management Council developed Framework Adjustment 2 to improve 
and simplify the administration of the golden tilefish fishery. These 
changes include removing an outdated reporting requirement, proscribing 
allowed gear for the recreational fishery, modifying the commercial 
incidental possession limit, requiring commercial golden tilefish be 
landed with the head and fins attached, and revising how assumed 
discards are accounted for when setting harvest limits. Based on new 
regulations implemented by this rule, this action updates previously 
published specifications for the commercial golden tilefish fishery for 
2018 and projected specifications for 2019 and 2020.

DATES: This rule is effective April 12, 2018, except for the amendment 
to Sec.  648.7(b)(2)(ii), which is effective March 13, 2018.

ADDRESSES: Copies of Framework 2 and the Environmental Assessment (EA), 
with its associated Finding of No Significant Impact (FONSI) and the 
Regulatory Impact Review (RIR), are available from the Mid-Atlantic 
Fishery Management Council, 800 North State Street, Suite 201, Dover, 
DE 19901.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final rule may be submitted to the Greater Atlantic Regional Fisheries 
Office, 55 Great Republic Drive, Gloucester, MA 01930, and by email to 
[email protected], or fax to 202-395-7285

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

SUPPLEMENTARY INFORMATION:

Background

    This action implements Framework Adjustment 2 to the Tilefish 
Fishery Management Plan (FMP). The Mid-Atlantic Fishery Management 
Council developed this framework to improve and simplify management 
measures for the golden 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). We published a proposed rule for this action on October 
23, 2017 (82 FR 48967), with a comment period through November 7, 2017. 
See Comments and Responses section for more information.

Framework Adjustment 2 Measures

Interactive Voice Response System (IVR) Reporting Requirement Removal

    Commercial fishing vessels that land golden tilefish under the 
individual fishing quota (IFQ) system are currently required to report 
each trip within 48 hours of landing through our IVR system. The 
Council originally created this reporting requirement when the fishery 
was managed under three permit categories, each with a sector-specific 
annual landing limit. The IVR system provided timely landing reports to 
track quota use and allowed managers to close a permit category if the 
annual landing cap was reached. When the Council changed the management 
of the fishery to an IFQ system, it retained the IVR system to allow 
additional monitoring of landings. Improvements in electronic dealer-
reported landings and other data streams have rendered this IVR report 
redundant, and the data are no longer used to monitor quotas. This 
action eliminates this unnecessary reporting requirement.

Recreational Fishing Gear Limit

    In recent years, the Council has received reports of recreational 
fishermen using ``mini-longline'' gear with a large number of hooks to 
target tilefish. The Council is concerned the use of this gear could 
result in increased dead discards of tilefish if fishermen catch more 
than the eight-fish per person bag limit using this type of gear. The 
Magnuson-Stevens Act list of authorized gear types at 50 CFR 600.75(v) 
already restricts the recreational fishery to rod and reel and spear 
gear. However, to avoid any potential confusion and clarify the amount 
of gear allowed, this action codifies that rod and reel with a maximum 
of five hooks per rod is the only authorized recreational tilefish gear 
for use in the Mid-Atlantic. Anglers could use either a manual or an 
electric reel.

Commercial Golden Tilefish Landing Condition

    The commercial tilefish fishery typically lands fish in a head-on, 
gutted condition. However, quotas and possession limits are in whole 
(round) weight. This requires the fishing industry to use a conversion 
factor to change landed weight to whole weight to comply with 
incidental possession limits and IFQ allocations. This action requires 
commercially-caught golden tilefish to be landed with the head and fins 
attached, although they could be gutted. By requiring this, we can more 
reliably specify and monitor landing limits and quotas in landed 
weight, eliminating the need to use a conversion factor. This will 
simplify catch accounting and improve compliance for individuals 
participating in the commercial tilefish fishery.

Commercial Golden Tilefish Possession Limit

    When the Council created the tilefish IFQ system, it allocated a 
separate quota and commercial possession limit of 500 lb (227 kg) to 
allow small landings of tilefish caught by non-IFQ vessels targeting 
other species. In recent years, there have been increasing reports of 
non-IFQ vessels specifically targeting golden tilefish to land the 
maximum commercial incidental possession limit. In an effort to ensure 
that the incidental fishery functions as originally intended, this 
action modifies the commercial possession limit to ensure that vessels 
are targeting other species, and only incidentally catching golden 
tilefish. This action adjusts the commercial golden tilefish landing 
limit to: 500 lb (227 kg) or 50 percent, by weight, of all fish, 
including the golden tilefish, on board the vessel, whichever is less.

Individual Fishing Quota Authorized Vessels

    Tilefish IFQ allocation holders may authorize one or more vessels 
to land tilefish under their allocation. All golden tilefish landed by 
those vessels are then deducted from that allocation. We do not 
currently have a mechanism for a vessel to attribute golden tilefish 
landings from a single trip to more than one IFQ allocation. To create 
such a system would increase reporting burden on vessels and dealers, 
and add complexity to the IFQ accounting and cost recovery systems. In 
order to maintain simple and efficient administration of the IFQ 
fishery, this action prohibits a vessel from being authorized to land 
tilefish under multiple IFQ allocations on the same trip. A vessel 
could still change IFQ allocations over the course of the year while 
only being authorized by one IFQ allocation at a time. In addition, IFQ 
allocation holders can lease quota to maintain flexibility in 
harvesting their allocation.

Assumed Discards in Quota-Setting Process

    The current specification process sets the annual catch limit (ACL) 
equal to the acceptable biological catch (ABC). The ACL is adjusted to 
address any management uncertainty to set an annual catch target (ACT), 
then assumed discards of golden tilefish are deducted from the ACT to 
generate the total

[[Page 10805]]

allowable landings (TAL). The incidental fishery is then allocated 5 
percent of the TAL, and the remaining 95 percent of the TAL is divided 
among the IFQ shareholders based on their individual quota holdings. 
However, discarding golden tilefish is prohibited in the IFQ fishery. 
As a result, observed discards occur almost entirely in the incidental 
fishery. This action adjusts the specification process to allocate the 
ACT between the incidental and IFQ fisheries using the 5- and 95-
percent split. Sector-specific assumed discards are then deducted to 
establish sector-specific TALs. The IFQ TAL is then allocated to the 
individual IFQ shareholders.

Updated Specifications

    On November 7, 2017, we published a final rule (82 FR 51578) 
setting specifications for the 2018 commercial golden tilefish fishery 
and announcing projected specifications for the 2019 and 2020 fishing 
years. As discussed in that rule, the specifications were based on the 
regulations that were effective at the time but were anticipated to be 
revised if Framework 2 was fully implemented. Table 1 shows the 2018 
golden tilefish specifications as implemented by the November 7, 2017, 
rule and new specification values that result from this rule. When this 
rule becomes effective, we will adjust each IFQ allocation based on the 
new higher IFQ TAL. Table 2 shows updated projected specifications for 
the 2019 and 2020 fishing years.

               Table 1--Changes to 2018 Golden Tilefish Specifications as a Result of This Action
----------------------------------------------------------------------------------------------------------------
                                                          As implemented                    Framework 2
                                                 ---------------------------------------------------------------
                                                    million lb          mt          million lb          mt
----------------------------------------------------------------------------------------------------------------
Overfishing Limit...............................           2.332           1,058           2.332           1,058
ABC.............................................           1.636             742           1.636             742
ACL.............................................           1.636             742           1.636             742
IFQ ACT.........................................              NA              NA           1.554             705
Incidental ACT..................................              NA              NA           0.082              37
TAL.............................................           1.627             738              NA              NA
IFQ TAL.........................................           1.546             701           1.554             705
Incidental TAL..................................           0.081              37           0.072              33
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                     Table 2--Updated Projected 2019 and 2020 Golden Tilefish Specifications
----------------------------------------------------------------------------------------------------------------
                                                               2019                            2020
                                                 ---------------------------------------------------------------
                                                    million lb          mt          million lb          mt
----------------------------------------------------------------------------------------------------------------
Overfishing Limit...............................           2.421           1,098           2.291           1,039
ABC.............................................           1.636             742           1.636             742
ACL.............................................           1.636             742           1.636             742
IFQ ACT.........................................           1.554             705           1.554             705
Incidental ACT..................................           0.082              37           0.082              37
IFQ TAL.........................................           1.554             705           1.554             705
Incidental TAL..................................           0.072              33           0.072              33
----------------------------------------------------------------------------------------------------------------

Comments and Responses

    We received two comments on the proposed rule. One comment did not 
mention or relate to the proposed measures or fishing in any way and is 
not discussed further. The other commenter supported all of the 
proposed measures and stated the changes would benefit all participants 
in the fishery.

Changes From the Proposed Rule

    There are no changes to the measures from the proposed rule. 
However, a final rule published on November 15, 2017 (82 FR 52851), 
made changes to some of the same regulatory paragraphs as this rule. As 
a result, the regulatory text in this action reflects the current CFR.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
Administrator, Greater Atlantic Region, NMFS, has determined that this 
final rule is consistent with the Tilefish FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866. Because this rule is not significant 
under Executive Order 12866, this rule is not an Executive Order 13771 
regulatory action.
    Pursuant to 5 U.S.C. 553(d)(1), this rule is not subject to the 30-
day delayed effectiveness provision of the Administrative Procedure Act 
because the change to 50 CFR 648.7(a)(2)(ii) relieves the restriction 
requiring tilefish IFQ vessels to report each fishing trip through the 
IVR system. As explained above, this reporting requirement is redundant 
and no longer used for monitoring catch. A delay in effectiveness of 
this change would unnecessarily continue this reporting burden with no 
benefit to the industry, the tilefish resource, or the government. All 
other aspects of this rule are subject to a 30-day delay in 
effectiveness.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification and no information has arisen leading to a 
different conclusion. As a result, a regulatory flexibility analysis 
was not required and none was prepared.
    This final rule contains a revision to a collection-of-information 
requirement subject to the Paperwork Reduction Act (PRA), which has 
been approved by OMB under control number 0648-0590. Public reporting 
burden for the IVR reporting requirement is estimated to average 2 
minutes for each IVR response, including the time for reviewing 
instructions, searching

[[Page 10806]]

existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. This rule 
removes this reporting burden. Send comments regarding these burden 
estimates or any other aspect of this data collection, including 
suggestions for reducing the burden, to NMFS (see ADDRESSES) and by 
email to [email protected], or fax to 202-395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: March 7, 2018.
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 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.


Sec.  648.7   [Amended]

0
2. In Sec.  648.7, paragraph (b)(2)(ii) is removed and reserved.

0
3. In Sec.  648.14, paragraphs (u)(2)(vi) and (viii) are revised and 
paragraph (u)(2)(ix) is added to read as follows:


Sec.  648.14   Prohibitions.

* * * * *
    (u) * * *
    (2) * * *
    (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)(3), unless fishing under a valid tilefish IFQ 
allocation permit as specified in Sec.  648.294(a), or engaged in 
recreational fishing.
* * * * *
    (viii) Land or possess golden or 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.
    (ix) Engage in recreational fishing for golden tilefish with 
fishing gear that is not compliant with the gear restrictions specified 
at Sec.  648.296.
* * * * *

0
4. In Sec.  648.291, paragraph (a) introductory text and paragraph 
(a)(1) are 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 ACTs for the individual fishing quota (IFQ) and incidental 
sectors of the fishery 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) ACT allocation. (i) The ACT shall be less than or equal to the 
ACL.
    (ii) 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.
    (iii) The Tilefish Monitoring Committee shall allocate 5 percent of 
the ACT to the incidental sector of the fishery and the remaining 95 
percent to the IFQ sector.
* * * * *

0
5. In Sec.  648.292, paragraphs (a)(1) through (a)(4) are revised to 
read as follows:


Sec.  648.292   Tilefish specifications.

    (a) * * *
    (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) for the IFQ and/or incidental sectors of the fishery 
require modification to respond to any changes to the golden tilefish 
stock's biological reference points or to ensure any applicable 
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 IFQ and/or 
incidental TAL will not be exceeded. Based on that review, the 
Monitoring Committee will recommend golden tilefish ACL, ACTs, and TALs 
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 both the IFQ and the incidental sectors of the 
fishery 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 both the IFQ and the incidental sectors of the fishery, 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 for both the IFQ and 
the incidental sectors of the fishery. After considering public 
comments, NMFS will publish a final rule in the Federal Register to 
implement the golden tilefish ACL, ACTs, TALs 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 TALs for both the IFQ 
and the incidental sectors of the fishery for each fishing year will be 
specified pursuant to paragraph (a)(1) of this section.
    (ii) The sum of the sector-specific TAL and the estimated sector-
specific discards shall be less than or equal to the ACT for that 
sector of the fishery.
    (3) TAL allocation. For each fishing year, up to 3 percent of the 
incidental and IFQ TALs may be set aside for the purpose of funding 
research. The remaining IFQ TAL will be allocated to the individual IFQ 
permit holders as described in Sec.  648.294(a).

[[Page 10807]]

    (4) Adjustments to the quota. If the incidental harvest exceeds the 
incidental TAL for a given fishing year, the incidental trip limit 
specified at Sec.  648.295(a)(2) 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.
* * * * *

0
6. In Sec.  648.293, paragraph (a)(1) is revised to read as follows:


Sec.  648.293   Tilefish accountability measures.

    (a) * * *
    (1) Commercial incidental fishery closure. See Sec.  648.295(a)(3).
* * * * *

0
7. In Sec.  648.294, paragraph (b)(4) is revised to read as follows:


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

* * * * *
    (b) * * *
    (4) IFQ vessel. (i) All Federal vessel permit numbers listed on the 
IFQ allocation permit are authorized to possess golden tilefish 
pursuant to the IFQ allocation permit.
    (ii) 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:
    (A) The vessel name and permit number, and
    (B) 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.
    (iii) A vessel listed on the IFQ allocation permit is authorized to 
possess golden tilefish pursuant to the subject permit, until the end 
of the fishing year or until NMFS receives written notification from 
the IFQ allocation permit holder to remove the vessel.
    (iv) A single vessel may not be listed on more than one IFQ 
allocation permit at the same time.
    (v) A copy of the IFQ allocation permit must be carried on board 
each vessel so authorized to possess IFQ golden tilefish.
* * * * *

0
8. Amend Sec.  648.295 by:
0
a. Revising the section heading;
0
b. Revising paragraphs (a) and (b)(1); and
0
c. Adding paragraph (c).
    The revisions and addition read as follows:


Sec.  648.295   Tilefish commercial trip limits and landing condition.

    (a) Golden tilefish--(1) IFQ landings. Any golden tilefish landed 
by a vessel fishing under an IFQ allocation permit as specified at 
Sec.  648.294(a), on a given fishing trip, count as landings under the 
IFQ allocation permit.
    (2) Incidental trip limit for vessels not fishing under an IFQ 
allocation. Any vessel of the United States fishing under a tilefish 
vessel permit, as described at Sec.  648.4(a)(12), unless the vessel is 
fishing under a tilefish IFQ allocation permit, is prohibited from 
possessing more than:
    (i) 500 lb (226.8 kg) of golden tilefish at any time, or
    (ii) 50 percent, by weight, of the total of all species being 
landed; whichever is less.
    (3) 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 gutted blueline tilefish per trip in or from the Tilefish 
Management Unit.
* * * * *
    (c) Landing condition. Commercial golden or blueline tilefish must 
be landed with head and fins naturally attached, but may be gutted.

0
9. In Sec.  648.296, the section heading and paragraph (a) are revised 
to read as follows:


Sec.  648.296   Tilefish recreational possession limits and gear 
restrictions.

    (a) Golden tilefish. (1) 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.
    (2) Any vessel engaged in recreational fishing may not retain 
golden tilefish, unless exclusively using rod and reel fishing gear, 
with a maximum limit of five hooks per rod. Anglers may use either a 
manual or an electric reel.
* * * * *
[FR Doc. 2018-04974 Filed 3-12-18; 8:45 am]
 BILLING CODE 3510-22-P