[Federal Register Volume 83, Number 223 (Monday, November 19, 2018)]
[Proposed Rules]
[Pages 58219-58221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25089]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 181022971-01]
RIN 0648-BI57


Fisheries of the Northeastern United States; Mid-Atlantic 
Blueline Tilefish Fishery; 2019 and Projected 2020-2021 Specifications

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 specifications for the 2019 blueline tilefish 
fishery north of the North Carolina/Virginia border and projected 
specifications for 2020 and 2021. The proposed action is intended to 
establish 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. It is also intended to inform the 
public of these proposed specifications for the 2019 fishing year and 
projected specifications for 2020-2021.

DATES: Comments must be received by 5 p.m. local time, on December 4, 
2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2018-0115, by either of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal.
    1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0115,
    2. Click the ``Comment Now!'' icon, complete the required fields.
    3. Enter or attach your comments.
--OR--
    Mail: Submit written comments to Michael Pentony, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930. Mark the outside of the envelope: 
``Comments on the Proposed Rule for Blueline Tilefish Specifications.''
    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 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 the required fields if you wish to remain 
anonymous).
    A draft environmental assessment (EA) has been prepared for this 
action that describes the proposed measures and other considered 
alternatives, as well as provides an analysis of the impacts of the 
proposed measures and alternatives. Copies of the specifications 
document, including the EA and the Initial Regulatory Flexibility 
Analysis (IRFA), are available on request from Dr. Christopher M. 
Moore, Executive Director, Mid-Atlantic Fishery Management Council, 
Suite 201, 800 North State Street, Dover, DE 19901. These documents are 
also accessible via the internet at www.mafmc.org.

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

SUPPLEMENTARY INFORMATION:

Background

    The blueline tilefish fishery north of the North Carolina/Virginia 
border 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. Blueline 
tilefish south of the North Carolina/Virginia border are managed by the 
South Atlantic Fishery Management Council under the Snapper Grouper 
FMP.
    The Tilefish FMP requires the Mid-Atlantic Council to recommend 
acceptable biological catch (ABC), annual catch limit (ACL), annual 
catch target (ACT), total allowable landings (TAL), and other 
management measures for the commercial and recreational sectors of the 
fishery, for up to three years at a time. The Council's Scientific and 
Statistical Committee (SSC) provides an ABC recommendation to the 
Council to derive these catch limits. The Council makes recommendations 
to NMFS that cannot exceed the recommendation of its SSC. The Council's 
recommendations must include supporting documentation concerning the 
environmental, economic, and social impacts of the recommendations. We 
are responsible for reviewing these recommendations to ensure that they 
achieve the FMP objectives and are consistent with all applicable laws. 
Following review, NMFS publishes the final specifications in the 
Federal Register.
    A benchmark stock assessment was completed in late 2017 for the 
blueline tilefish population along the entire East Coast through the 
Southeast Data, Assessment, and Review process (SEDAR 50). Within the 
assessment, the coast-wide population was modeled separately north and 
south of Cape Hatteras, North Carolina, because of data limitations 
within the northern area. To assist in developing an ABC 
recommendation, the Mid- and South Atlantic Councils' SSCs, as well as 
staff from the NMFS Northeast and Southeast Fisheries Science Centers 
formed a joint subcommittee to examine available information for the 
region north of Cape

[[Page 58220]]

Hatteras, and to develop separate catch advice for each Councils' 
jurisdiction.
    At its March 2018 meeting, the Mid-Atlantic SSC reviewed the 
results from the SEDAR 50 benchmark stock assessment as well as 
additional work using the Data-Limited Methods Toolkit and derived a 
recommendation for acceptable biological catch (ABC) using the Mid-
Atlantic Council's risk policy. The resulting ABC was 179,500 lb (81.4 
mt) annually for 2019-2021 for the region north of Cape Hatteras. The 
SSC then followed the recommendation of the Joint Mid- and South 
Atlantic Blueline Tilefish Subcommittee to assign 56 percent of that 
ABC to the Mid-Atlantic Council (north of the VA/NC border) and 44 
percent to the South Atlantic Council. This percentage breakdown is 
based on the catch distribution from the 2017 Pilot Blueline Tilefish 
Longline Survey.
    The Mid-Atlantic Council took final action on 2019-2021 quota 
specifications for the blueline tilefish fishery at its April 2018 
meeting, and submitted its recommended specifications to us on August 
17, 2018. A summary of the Council's recommended specifications is 
shown below in Table 1.

Proposed Specifications

    The Council's recommendations are consistent with the SSC's 
recommended ABC, and represent an approximate 15-percent increase in 
ABC from 2018.

                                            Table 1--Proposed and Projected Blueline Tilefish Specifications
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                                                     2018                               Proposed 2019                       Projected 2020-2021
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ABC--North of NC/VA line..........  87,031 lb (39.5 mt)...................  100,520 lb (45.6 mt).................  100,520 lb (45.6 mt)
Recreational ACL/ACT..............  63,533 (28.8 mt)......................  73,380 (33.3 mt).....................  73,380 (33.3 mt)
Commercial ACL/ACT................  23,498 lb (10.6 mt)...................  27,140 lb (12.3 mt)..................  27,140 lb (12.3 mt)
Recreational TAL..................  62,262 lb (28.2 mt)...................  71,912 lb (32.6 mt)..................  71,912 lb (32.6 mt)
Commercial TAL....................  23,263 lb (10.5 mt)...................  26,869 lb (12.2 mt)..................  26,869 lb (12.2 mt)
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    The Mid-Atlantic Council recommended increasing the commercial 
possession limit from 300 (136 kg) to 500 lb (227 kg) to assist the 
commercial fishery in harvesting the full commercial TAL. The Council 
was concerned that if fishing effort increases substantially, the small 
commercial TAL could be landed quickly at the 500-lb (227-kg) limit. To 
mitigate that concern, the Council included an inseason trigger, 
authorizing the Regional Administrator to reduce the possession limit 
to 300 lb (136 kg) per trip when 70 percent of the TAL has been landed.
    The Council proposed no change to the recreational fishery beyond 
the increase to the recreational TAL (Table 1). The recreational 
fishery is open from May 1 through October 31 of each year and closed 
from November 1 through April 30. The bag limit for blueline tilefish 
depends on the type of fishing vessel being used. On a private boat, 
each angler may keep up to three blueline tilefish. On an U.S. Coast 
Guard uninspected for-hire vessel (charter boat), each angler may keep 
up to five blueline tilefish. On an U.S. Coast Guard inspected for-hire 
vessel (party boat), each angler may keep up to seven blueline 
tilefish.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), the NMFS 
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 Regulatory Flexibility Act purposes, NOAA's National Marine 
Fisheries Service has established a size standard for small 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 small 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 $11.0 million for all its affiliated operations 
worldwide. The Small Business Administration has established size 
standards for all other major industry sectors in the U.S., including 
defining for-hire fishing firms (NAICS code 487210) as small when their 
receipts are less than $7.5 million.
    The measures proposed in this action apply to vessels that hold a 
Federal permit for blueline tilefish. Some entities own multiple 
vessels with tilefish permits. In 2017, 2,028 separate vessels held 
tilefish permits. Those vessels were owned by 1,519 entities. Using the 
size definitions above, 1,508 are small business entities, comprised of 
886 small commercial fishing entities, 242 small for-hire entities, and 
380 had no revenue in 2017 (but are considered small businesses). For 
those small businesses with revenues, their average total revenues were 
$0.55 million in 2017.
    This action would increase the blueline tilefish commercial total 
allowable landings (TAL) from 23,263 lb (10.5 mt) to 26,869 lb (12.2 
mt) (about 15 percent) and increase the commercial trip limit from 300 
lb (136 kg) to 500 lb (227 kg) per trip. The trip limit would reduce to 
300 lb (136 kg) when 70 percent of the commercial quota has been 
landed. The recreational TAL would increase from 62,262 lb (28.2 mt) to 
71,912 lb (32.6 mt) (about 15 percent). Therefore, the potential impact 
of this action on small entities is positive, but limited by the 
relatively low TAL.
    Given the small potential economic impact of the management 
measures proposed, this action will not have a significant economic 
impact on a substantial number of small entities.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.


[[Page 58221]]


    Dated: November 13, 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 
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.  648.295, paragraphs (b)(1) and (2) are revised to read as 
follows:


Sec.  648.295  Tilefish commercial trip limits and landing condition.

* * * * *
    (b) * * *
    (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 500 lb (227 kg) of gutted blueline 
tilefish per trip in or from the Tilefish Management Unit.
    (2) In-season adjustment of possession limit. The Regional 
Administrator will monitor the harvest of the blueline tilefish 
commercial TAL based on dealer reports and other available information.
    (i) When 70 percent of the blueline tilefish commercial TAL will be 
landed, the Regional Administrator will publish a notice in the Federal 
Register notifying vessel and dealer permit holders that, effective 
upon a specific date, the blueline tilefish commercial possession limit 
is reduced to 300 lb (136 kg) of gutted blueline tilefish per trip in 
or from the Tilefish Management Unit.
    (ii) When 100 percent of the blueline tilefish commercial TAL will 
be landed, the Regional Administrator will 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. No vessel may 
retain or land blueline tilefish in or from the Tilefish Management 
Unit.
* * * * *
[FR Doc. 2018-25089 Filed 11-16-18; 8:45 am]
 BILLING CODE 3510-22-P