[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)]
[Proposed Rules]
[Pages 48788-48792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20976]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 180720681-8681-01]
RIN 0648-BI38


Snapper-Grouper Fishery of the South Atlantic Region; Management 
Measures To End Overfishing of Golden Tilefish

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 to implement management measures described in 
Regulatory Amendment 28 to the Fishery Management Plan for the Snapper-
Grouper Fishery of the South

[[Page 48789]]

Atlantic Region (FMP), as prepared and submitted by the South Atlantic 
Fishery Management Council (Council). If implemented, this proposed 
rule would revise the commercial and recreational annual catch limits 
(ACLs) for golden tilefish. The purpose of this proposed rule is to end 
overfishing of golden tilefish while minimizing, to the extent 
practicable, adverse socio-economic effects and achieve optimum yield 
(OY) on a continuing basis in the South Atlantic.

DATES: Written comments must be received by October 12, 2018.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2018-0091,'' 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-2018-0091 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), 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 the environmental assessment (EA), which 
includes an initial regulatory flexibility analysis (IRFA), may be 
obtained from the Southeast Regional Office website 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 FMP and includes golden tilefish, 
along with other snapper-grouper species. The FMP was prepared by the 
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 OY 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 the majority of 
landings are attributed to the bottom longline 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 the golden tilefish stock was not subject to overfishing, and it 
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 (i.e., bottom longline 
and hook-and-line), and specified the ACLs based upon the determined 
allocation percentages, among other actions (78 FR 23858; April 23, 
2013). For golden tilefish, 97 percent of the combined (commercial and 
recreational sectors together) 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 of the commercial ACL 
available for the longline component. The recreational sector is 
allocated 3 percent of the combined 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. In May 2016, the Council's Scientific and 
Statistical Committee (SSC) reviewed the SEDAR 25 Update 2016 and 
indicated that the SEDAR 25 Update 2016 was based on the best 
scientific information available. The SSC provided an ABC 
recommendation to the Council at that time.
    During the Council's review of the SEDAR 25 Update 2016 in June 
2016, the Council stated their concerns over the large differences 
between SEDAR 25 and the SEDAR 25 Update 2016 in biological benchmarks 
such as the maximum sustainable yield calculations, social and economic 
consequences of the substantial reduction of the ABC (60 percent), and 
the unusually high buffer (34 percent) estimated between the ABC and 
the overfishing limit. Based on the Council's concerns over the 
differences between SEDAR 25 and the SEDAR 25 Update 2016, the NMFS 
Southeast Fisheries Science Center revised the SEDAR 25 Update 2016 to 
include a newly developed model. The SSC reviewed the revised 
assessment at their October 2017 meeting and did not recommend basing 
stock status and fishing level recommendations on the revised 
assessment, but rather on the SEDAR 25 Update 2016.
    In a letter dated January 4, 2017, NMFS notified the Council of the 
updated golden tilefish stock status determination that the stock is 
undergoing overfishing but is not overfished. 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 
within 2 years of such stock status notification. Therefore, the 
Council began development of a regulatory amendment to end overfishing 
of golden tilefish. However, the initial acceptable biological catch 
(ABC) recommendation from the Council's SSC was not available until 
late October 2017, which provided insufficient time for the Council and 
NMFS to develop and implement management measures to end overfishing of 
golden tilefish in time for the start of the 2018 fishing year on 
January 1, 2018. Consequently, 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 could be developed. A temporary rule, published in the Federal 
Register on January 2, 2018 (83 FR 65), reduced the combined ACL to 
323,000 lb (146,510 kg), gutted weight. This catch level was based on a 
projected yield at 75 percent of the yield produced by the fishing 
mortality rate at maximum sustainable yield, which was 362,000 lb 
(164,654 kg) whole weight, converted to gutted weight using a 
conversion factor of 1.12. On June 19, 2018 (83 FR 28387), the 
temporary rule was extended for an additional 186

[[Page 48790]]

days, through January 3, 2019. The measures in Regulatory Amendment 28, 
as described in this proposed rule, would replace the current interim 
measures outlined in the temporary rule and end overfishing of golden 
tilefish in the South Atlantic. It is necessary to ensure that this 
rule becomes effective before or by the temporary rule's expiration 
date, January 4, 2019. Failure to implement Regulatory Amendment 28 by 
the expiration of the temporary rule may risk overfishing of golden 
tilefish because ACLs will change back to pre-temporary rule levels and 
become much higher. This increase in ACLs may cause confusion among 
fishers and for law enforcement, especially when the ACLs will then 
lower again once this proposed rule is effective.
    As noted above, the Council's SSC reviewed the SEDAR 25 Update 2016 
assessment in May 2016 and provided fishing level recommendations based 
on a P* (probability of overfishing) value of 30 percent derived from 
the Council's ABC control rule. However, at the Council's March 2018 
meeting, the Council determined that they are willing to accept a risk 
of overfishing larger than P* = 30 percent. The Council determined that 
they were willing to accept a risk of overfishing at the ACL level 
previously implemented through the temporary rule. The ACL implemented 
through the temporary rule was equal to the yield at a fishing 
mortality rate (F) equal to 75 percent of the fishing mortality rate at 
the maximum sustainable yield (FMSY) when the population is at 
equilibrium. This new ABC value represented a level closer to a P* 
value of 40 percent. At their May 2018 meeting, the SSC reviewed the 
Council's request to revise the ABC recommendation and agreed with 
setting the ABC equal to the value at F = 75 percent FMSY when the 
population is at equilibrium. Therefore, the SSC's revised ABC 
recommendation was 362,000 lb (164,200 kg), whole weight. Although it 
is different than the conversion factor applied for the temporary rule, 
an updated conversion factor of 1.059, which was used in the SEDAR 25 
Update 2016 assessment and is considered the best scientific 
information available, results in an ABC of 342,000 lb (155,129 kg), 
gutted weight. This revised ABC recommendation forms the basis for the 
actions in Regulatory Amendment 28 and this proposed rule, which is 
intended to end overfishing of golden tilefish in the South Atlantic.

Management Measures Contained in This Proposed Rule

    This proposed rule would revise the combined ACL for golden 
tilefish to be 342,000 lb (155,129 kg), gutted weight. The combined ACL 
is equal to the SSC's final ABC recommendation of the yield at F = 75 
percent FMSY. This proposed 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 allocating 25 percent of the commercial ACL to 
the hook-and-line component and 75 percent of the commercial ACL to the 
longline component. Therefore, the commercial ACL (equivalent to the 
commercial quota) would be 331,740 lb (150,475 kg), gutted weight. The 
commercial ACL for the hook-and-line component would be 82,935 lb 
(37,619 kg), gutted weight, and the commercial ACL for the longline 
component would be 248,805 lb (112,856 kg), gutted weight. The 
recreational ACL would be 2,316 fish. The ACL values in this proposed 
rule would remain in effect in future years unless changed by the South 
Atlantic Fishery Management Council.
    The current accountability measures (AMs) for golden tilefish 
require that a sector or commercial gear component close for the 
remainder of the fishing year if its respective ACL is reached or 
projected to be reached. The reductions in the sector and commercial 
gear-component ACLs could result in earlier in-season closures, 
particularly for the commercial sector as a result of an ACL being 
reached or projected to be reached during a fishing year. These 
closures would likely result in short-term adverse socio-economic 
effects. However, the reduction in the ACLs in this proposed rule is 
expected to end overfishing of golden tilefish and will likely minimize 
future adverse socio-economic effects. Adhering to sustainable harvest 
through an ACL based on information from the most recent stock 
assessment (SEDAR 25 2016 Update) is expected to be more beneficial to 
fishermen and fishing communities in the long term because catch limits 
would be based on the current conditions, even if the updated stock 
assessment information indicates that reduced ACLs are appropriate to 
sustain the stock. The reduction in the ACLs in this proposed rule 
would also provide biological benefits (such as protections against 
recruitment failure) to the golden tilefish stock by reducing the 
current levels of fishing mortality. The revised ACL values in 
Regulatory Amendment 28 and this proposed rule are based on the best 
scientific information available.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
Assistant Administrator has determined that this proposed rule is 
consistent with Regulatory Amendment 28, the FMP, 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 (E.O.) 12866. This rule is not an E.O. 
13771 regulatory action because this rule is not significant under E.O. 
12866.
    NMFS prepared an IRFA for this proposed rule, as required by 
section 603 of the Regulatory Flexibility Act (RFA), 5 U.S.C. 603. The 
IRFA describes the economic impact that this proposed rule, if 
implemented, would have on small entities. A description of the 
proposed rule, why it is being considered, and the objectives of, and 
legal basis for, this proposed 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 
proposed 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 rule. Accordingly, this proposed rule does not implicate the 
Paperwork Reduction Act.
    This proposed rule, if implemented, would be expected to directly 
affect federally permitted commercial fishermen fishing for golden 
tilefish in the South Atlantic. Recreational anglers fishing for golden 
tilefish would also be directly affected by this proposed rule, but 
anglers are not considered business entities under the RFA. For-hire 
vessels would also be affected by this rule, but only in an indirect 
way. Thus, only the effects on federally permitted snapper-grouper 
commercial fishing vessels will be discussed. For RFA purposes only, 
the 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

[[Page 48791]]

in excess of $11 million for all its affiliated operations worldwide.
    From 2012 through 2016, an average of 23 longline vessels per year 
landed golden tilefish from the South Atlantic. The golden tilefish 
longline endorsement system started in 2013. Endorsed vessels, 
combined, averaged 255 trips per year in the South Atlantic on which 
golden tilefish were landed, and 182 other trips that were either in 
the South Atlantic but no golden tilefish were caught or took place in 
other areas (Gulf or Mid-Atlantic) that caught any species including 
golden tilefish. The average annual total dockside revenue (2016 
dollars) for these vessels combined was approximately $1.56 million 
from golden tilefish, approximately $0.10 million from other species 
co-harvested with golden tilefish (on the same trips), and 
approximately $0.43 million from other trips by these vessels on trips 
in the South Atlantic on which no golden tilefish were harvested or on 
trips which occurred in other areas. Total average annual revenue from 
all species harvested by longline vessels landing 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 golden tilefish were not harvested or trips that took place in 
other areas and caught any species including golden tilefish. The 
average annual total dockside revenue (2016 dollars) for these 82 
vessels was approximately $0.36 million from golden tilefish, 
approximately $0.66 million from other species co-harvested with golden 
tilefish (on the same trips in the South Atlantic), and approximately 
$4.13 million from the other trips taken by these vessels. 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 7 percent of these vessels' total revenues came from 
golden tilefish.
    Based on the foregoing revenue information, all commercial vessels 
using longlines or hook-and-line affected by the proposed rule may be 
assumed to be small entities. Because all entities expected to be 
directly affected by this proposed rule are assumed to be small 
entities, NMFS has determined that this proposed rule would affect a 
substantial number of small entities. However, since all affected 
entities are small entities, the issue of disproportionate effects on 
small versus large entities does not arise in the present case.
    The proposed rule would reduce the combined stock ACL, and 
consequently the specific ACLs for the commercial and recreational 
sectors as well as the longline and hook-and-line component ACLs for 
the commercial sector. The longline and hook-and-line components of the 
commercial sector would be expected to lose approximately $592,000 and 
$217,000, respectively, in annual ex-vessel revenues. This would very 
likely translate to profit reductions for both the longline and hook-
and-line components, particularly for longline vessels as they are more 
dependent on golden tilefish. As noted above, golden tilefish account 
for about 74 percent of longline vessel revenues and 7 percent of hook-
and-line vessel revenues. There is a good possibility ACLs may be 
changed in the future if the proposed rule were successful in 
addressing the overfishing condition for the South Atlantic golden 
tilefish. Economic benefits would ensue if the ACLs are subsequently 
increased.
    The following discussion analyzes the alternatives that were 
considered by the Council, including those that were not selected as 
preferred by the Council. Unlike the preferred alternative, most of the 
other alternatives would provide for varying ACLs over 6 years, at 
least. For this reason, a 6-year period is considered for comparing 
alternatives. Over a 6-year period, the preferred alternative would be 
expected to reduce revenues by approximately $3.02 million for the 
longline segment and $1.11 million for the hook-and-line segment of the 
commercial sector, using a 7 percent discount rate.
    Ten alternatives, including the preferred alternative as described 
above, were considered for reducing the South Atlantic golden tilefish 
ACLs. 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, thereby increasing the likelihood that more 
stringent measures would need to be implemented in the near future.
    With one exception, all the other alternatives would result in 
larger revenue losses to the longline and hook-and-line vessels than 
the preferred alternative. Alternatives that would result in larger 
revenue losses than the preferred alternative would provide for lower 
ACLs over a 6-year period. Total losses over 6 years from these 
alternatives would range from $3.17 million to $4.29 million for 
longline vessels and from $1.16 million to $1.83 million for hook-and-
line vessels. The alternative with lower attendant revenue losses than 
the preferred alternative would be expected to reduce total ex-vessel 
revenues by approximately $2.65 million for longline vessels and $0.97 
million for hook-and-line vessels over 6 years. Relative to the 
preferred alternative, this alternative would result in larger ex-
vessel revenue losses initially but lower revenue losses in subsequent 
years, because the ACLs in subsequent years would be greater than those 
of the preferred alternative. Both alternatives would be expected to 
result in early harvest closure, and in the first fishing year, harvest 
closure under the preferred alternative would occur at a later date 
than that of the other alternative. The reverse may be expected for the 
subsequent years. The Council considered the preferred alternative as 
affording the best means to end overfishing of golden tilefish in the 
South Atlantic, because it is based on the best scientific information 
available.

List of Subjects in 50 CFR Part 622

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

    Dated: September 21, 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 622 is 
proposed to be amended as follows:

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. Amend Sec.  622.190 by revising paragraph (a)(2 to read as follows:


Sec.  622.190   Quotas.

* * * * *
    (a) * * *
    (2) Golden tilefish. (i) Commercial sector (hook-and-line and 
longline components combined)--331,740 lb (150,475 kg).
    (ii) Hook-and-line component--82,935 lb (37,619 kg).

[[Page 48792]]

    (iii) Longline component--248,805 lb (112,856 kg).
* * * * *
0
3. Amend Sec.  622.193 by revising paragraph (a) to read as follows


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

    (a) Golden tilefish--(1) Commercial sector--(i) Hook-and-line 
component. If commercial hook-and-line 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)(ii), 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).
    (ii) Longline component. If commercial longline landings for golden 
tilefish, as estimated by the SRD, reach or are projected to reach the 
longline commercial ACL (commercial quota) specified in Sec.  
622.190(a)(2)(iii), 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).
    (iii) If all 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)(i), and 
the combined commercial and recreational ACL of 342,000 lb (155,129 kg) 
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.
    (2) Recreational sector. (i) If recreational landings of golden 
tilefish, as estimated by the SRD, reach or are projected to reach the 
recreational ACL of 2,316 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 specified of 2,316 fish, 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 342,000 lb (155,129 kg) 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. 2018-20976 Filed 9-26-18; 8:45 am]
 BILLING CODE 3510-22-P