[Federal Register Volume 83, Number 208 (Friday, October 26, 2018)]
[Rules and Regulations]
[Pages 54055-54056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23431]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 180808738-8738-01]
RIN 0648-XG417


Fisheries of the Northeastern United States; Golden Tilefish 
Fishery; 2019 Specifications

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

ACTION: Temporary final rule.

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SUMMARY: We are finalizing specifications for the 2019 commercial 
golden tilefish fishery, including the annual catch and total allowable 
landings limits. This action establishes allowable harvest levels and 
other management measures to prevent overfishing while allowing optimum 
yield, consistent with the Magnuson-Stevens Fishery Conservation and 
Management Act and the Tilefish Fishery Management Plan.

DATES: Effective November 1, 2018, through October 31, 2019.

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

SUPPLEMENTARY INFORMATION: 

Background

    The golden tilefish fishery is managed by the Mid-Atlantic Fishery 
Management Council under the Tilefish Fishery Management Plan (FMP), 
which outlines the Council's process for establishing annual 
specifications. Regulations implementing the Tilefish FMP appear at 50 
CFR part 648, subparts A and N, which require the Council to recommend 
acceptable biological catch (ABC), annual catch limit (ACL), annual 
catch target (ACT), total allowable landings (TAL), and other 
management measures, for up to three years at a time. On September 7, 
2017, NMFS proposed 2018 specifications for the golden tilefish fishery 
and announced projected specifications for 2019 and 2020 based on 
Council recommendations (82 FR 42266). Public comment was accepted 
through September 22, 2017. We published a final rule implementing the 
2018 specifications on November 7, 2017 (82 FR 51578).
    On October 23, 2017, we published a proposed rule (82 FR 48967) to 
implement Framework Adjustment 2 to the Tilefish FMP, and accepted 
public comment through November 7, 2017. A final rule implementing 
Framework 2 was published on March 13, 2018 (83 FR 10803). One 
provision of Framework 2 changed how assumed discards are accounted for 
in the specifications setting process. As a result, the Framework 2 
final rule adjusted the previously published 2018 specifications and 
projected specifications for 2019 and 2020 (Table 1). Additional 
background information regarding the development of these 
specifications was provided in these rules and is not repeated here.

                                                   Table 1--Summary of Golden Tilefish Specifications
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                                                                       2018                         Final 2019                    Projected 2020
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                                                                mt          million lb          mt          million lb          mt          million lb
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Overfishing Limit.......................................           1,058           2.332           1,098           2.421           1,039           2.291
ABC.....................................................             742           1.636             742           1.636             742           1.636
ACL.....................................................             742           1.636             742           1.636             742           1.636
IFQ ACT.................................................             705           1.554             705           1.554             705           1.554
Incidental ACT..........................................              37           0.082              37           0.082              37           0.082
IFQ TAL.................................................             705           1.554             705           1.554             705           1.554
Incidental TAL..........................................              33           0.072              33           0.072              33           0.072
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    At the end of each fishing year, we evaluate catch information and 
determine if the ACL has been exceeded. If the ACL is exceeded, the 
regulations at 50 CFR 648.293 require a pound-for-pound reduction in a 
subsequent fishing year. During fishing year 2018, there were no annual 
catch limit or total allowable landings overages. Also, there is no new 
biological information that would require altering the projected 2019 
specifications. Because no overages have occurred, we are announcing 
the final specifications for fishing year 2019, as projected in the 
Framework 2 rule, and outlined above in Table 1.
    As in previous years, no golden tilefish quota has been allocated 
for research set-aside. All other management measures in the golden 
tilefish fishery will remain unchanged for the 2018-2020 fishing years. 
The incidental trip limit will stay at 500 lb (226.8 kg), or 50 
percent, by weight, of all species being landed, including tilefish; 
whichever is less. The recreational catch limit will remain eight fish 
per-angler, per-trip. Annual IFQ allocations will be issued to 
individual quota shareholders in mid-October, before the November 1 
start of the fishing year.
    The fishery management plan allows for the previous year's 
specifications to remain in place until replaced by a subsequent 
specifications action (rollover provision). As a result, the 2018 
specifications remain in effect until replaced by the 2019 
specifications included in this rule.
    We will publish notice in the Federal Register of any revisions to 
these specifications if an overage occurs in 2019 that would require 
adjusting the 2020 projected specifications. We will provide notice of 
the final 2020 specifications prior to the November 1, 2019, start of 
the 2020 fishing year.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this rule is 
consistent with the Tilefish FMP, other provisions of the Magnuson-
Stevens Act, and other applicable law.
    The Assistant Administrator for Fisheries, NOAA (AA), finds it is 
impracticable, unnecessary, and contrary to the public interest to 
provide for prior notice and an opportunity for public comment, 
pursuant to authority set forth at U.S.C. 553(b)(B). The proposed rules 
for the 2018-2020

[[Page 54056]]

specifications and Framework 2 provided the public with the opportunity 
to comment on the projected specifications for 2019 and 2020, and the 
specifications for fishing year 2019 remain the same as projected in 
the Framework 2 rulemaking. All comments received were addressed in the 
respective final rules for the 2018-2020 specifications and Framework 
2. Similarly, the need to implement these measures in a timely manner 
for the start of the golden tilefish fishing year, constitutes good 
cause under authority contained in 5 U.S.C. 553(d)(3), to establish an 
effective date less than 30 days after date of publication. The public 
and fishing industry participants expect this action because we 
previously alerted the public in the proposed and final rules that we 
would conduct this review in interim years of the status quo multi-year 
specifications and announce the final quota prior to the start of the 
fishing year on November 1.
    This rule is exempt from review under Executive Order 12866 because 
this action contains no implementing regulations.
    This rule does not duplicate, conflict, or overlap with any 
existing Federal rules.
    A final regulatory flexibility analysis (FRFA) was prepared for the 
2018-2020 specifications final rule. That analysis included the 
potential impacts of the projected specifications for 2019 and 2020, 
and no new information has arisen that would change the conclusions 
drawn in that previous analysis. Because advance notice and the 
opportunity for public comment are not required for this action under 
the Administrative Procedure Act, or any other law, the analytical 
requirements of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
do not apply to this rule. Therefore, no new regulatory flexibility 
analysis is required and none has been prepared.
    This action does not contain a collection of information 
requirement for the purposes of the Paperwork Reduction Act.

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

    Dated: October 23, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-23431 Filed 10-25-18; 8:45 am]
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