[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Rules and Regulations]
[Pages 62508-62512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26317]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 180720681-8999-02]
RIN 0648-BI38
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery off the Southern Atlantic Region; Regulatory
Amendment 28
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues regulations to implement Regulatory Amendment 28
to the Fishery Management Plan for the Snapper-Grouper Fishery of the
South Atlantic Region (FMP) (Regulatory Amendment 28), as prepared and
submitted by the South Atlantic Fishery Management Council (Council).
This final rule revises the commercial and recreational annual catch
limits (ACLs) for golden tilefish in the South Atlantic. The purpose of
this final 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.
DATES: This final rule is effective on January 4, 2019.
ADDRESSES: Electronic copies of Regulatory Amendment 28 may be obtained
from the Southeast Regional Office website at http://sero.nmfs.noaa.gov. Regulatory Amendment 28 includes an environmental
assessment (EA), a Regulatory Flexibility Act (RFA) analysis, a
regulatory impact review (RIR), and a Fishery Impact Statement.
FOR FURTHER INFORMATION CONTACT: Karla Gore, telephone: 727-824-5305;
email: [email protected].
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic 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 through regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act).
NMFS issued a temporary rule to implement interim measures to
reduce the total annual catch limit (ACL), commercial and recreational
sector ACLs, and quotas for the hook-and-line and longline components
of the commercial sector on January 2, 2018 (83 FR 65). On June 19,
2018, NMFS extended the interim measures for an additional 186 days,
through January 3, 2019 (83 FR 28387). On September 27, 2018, NMFS
published a proposed rule for Regulatory Amendment 28 and requested
public comment (83 FR 48788). Regulatory Amendment 28 and the proposed
rule outline the rationale for the actions contained in this final
rule. A summary of the actions implemented by Regulatory Amendment 28
and this final rule is provided below.
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 was
not overfished. Based upon the results of SEDAR 25, the final rule for
Amendment 18B to the FMP specified ACL based upon the acceptable
biological catch (ABC) recommendation from the Council's Scientific and
Statistical Committee (SSC). The total ACL was distributed among the
sectors and commercial gear components (i.e., bottom longline and hook
and line) based on allocations specified in Amendment 18B (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 the SEDAR 25 stock assessment was
completed for golden tilefish using data through 2014 (SEDAR 25 Update
2016). In May 2016, the Council's SSC reviewed the updated assessment,
determined the assessment was based on the best scientific information
available, and provided an ABC recommendation. In a letter dated
January 4, 2017, NMFS notified the Council of the updated golden
tilefish stock status (SEDAR 25 Update 2016) 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. Therefore, the Council began development of an amendment to
end overfishing of golden tilefish. Because the ABC recommendation from
the Council's SSC was not available until late October 2017, there was
insufficient time for the Council and NMFS to develop and implement
management measures to end overfishing of golden tilefish by 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 through Regulatory
Amendment 28. A temporary rule, published in the Federal Register on
January 2, 2018 (83 FR 65), reduced the combined ACL based on a
projected yield at 75 percent of the yield produced by the fishing
mortality rate at maximum sustainable yield (F = 75%FMSY),
which was 362,000 lb (164,654 kg), whole weight. Converting this value
to gutted weight using a conversion factor of 1.12 provided a value of
323,000 lb (146,510
[[Page 62509]]
kg), gutted weight. On June 19, 2018 (83 FR 28387), the temporary rule
was extended for an additional 186 days, through January 3, 2019.
Management Measures Contained in This Final Rule
This final rule revises the combined ACL for golden tilefish to be
342,000 lb (155,129 kg), gutted weight. In May 2016, the Council's SSC
reviewed the SEDAR 25 assessment update 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 their
March 2018 meeting, the Council determined that they were willing to
accept a risk of overfishing at the level implemented through the
temporary interim rule (F = 75%FMSY) when the population is
at equilibrium. Thus, the Council requested the SSC recommend an ABC
based on F = 75%FMSY, which 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 to change
the ABC to the value at F = 75%FMSY. Therefore, the SSC's
most recent ABC recommendation was 362,000 lb (164,654 kg), whole
weight.
This combined ACL specified in Regulatory Amendment 28 is equal to
the Council's SSC ABC recommendation of 362,000 lb (164,654 kg), whole
weight, when converted to gutted weight. The SEDAR 25 Update (2016) for
golden tilefish used a whole weight to gutted weight conversion factor
of 1.059, but the interim rule used a conversion value of 1.12. At
their June 2018 meeting, the Council indicated that a conversion factor
of 1.059 rather than a 1.12 was more appropriate to convert the ABC
recommendation from whole weight to gutted weight. Both SEDAR 25 Update
2016 and the 1.059 conversion factor constitute the best scientific
information available for golden tilefish. The SSC's ABC recommendation
forms the basis for the actions in Regulatory Amendment 28 and this
final rule, which is expected to end overfishing of golden tilefish in
the South Atlantic.
This final rule also specifies 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, through this final rule, the commercial ACL
(equivalent to the commercial quota) is 331,740 lb (150,475 kg), gutted
weight. The commercial ACL for the hook-and-line component is 82,935 lb
(37,619 kg), gutted weight, and the commercial ACL for the longline
component is 248,805 lb (112,856 kg), gutted weight. The recreational
ACL is 2,316 fish.
The reduction in the ACLs in this final rule is expected to end
overfishing of golden tilefish and minimize future adverse socio-
economic effects. Adhering to sustainable harvest through an ACL based
on information from the most recent stock assessment (Southeast Data
Assessment and Review (SEDAR) 25 2016 Update) is expected to be more
beneficial to fishers and fishing communities in the long term because
catch limits are based on the current conditions. The reduction in the
ACLs in this final rule is expected to provide biological benefits
(such as protections against recruitment failure) to the golden
tilefish stock by reducing the levels of fishing mortality. The revised
ACL values in Regulatory Amendment 28 and implemented through this
final rule are based on the best scientific information available.
The measures in Regulatory Amendment 28, as described in this final
rule, replace the current interim measures outlined in the temporary
rule. Failure to implement Regulatory Amendment 28 by the expiration of
the temporary rule (January 4, 2019) may risk overfishing of golden
tilefish because ACLs will revert to higher levels in place prior to
implementation of the temporary rule, and those levels exceed the SSC's
most recent ABC recommendation. In addition, implementing Regulatory
Amendment 28 by the expiration date of the temporary rule will avoid
confusion among fishers and law enforcement with changing catch levels.
Comments and Responses
During the public comment period, NMFS received a total of 10
comments on Regulatory Amendment 28 and the proposed rule from
individuals and fishing organizations. Of these, three comments
supported the need for protection of golden tilefish, with which NMFS
agrees. Two comments generally expressed support for golden tilefish
harvest by the recreational sector and complained of increasing costs,
but those comments were not directed to the ACL changes contained in
the proposed rule; thus, they are considered to be outside the scope of
Regulatory Amendment 28. Two additional comments were entirely
unrelated to golden tilefish harvest and were, therefore, also outside
the scope of Regulatory Amendment 28. Comments that were beyond the
scope of Regulatory Amendment 28 and the proposed rule, are not
addressed further in this final rule. Comments that specifically relate
to the actions contained in the Regulatory Amendment 28 and the
proposed rule, as well as NMFS' respective responses, are summarized
below.
Comment 1: Regulatory Amendment 28 does not adequately consider the
socio-economic impacts that will disproportionately impact the small
fishing communities that are affected by the South Atlantic fishing
industry.
Response: As described in the EA and the for Regulatory Amendment
28 and the proposed rule, the ACL reductions are necessary to end
overfishing of golden tilefish in the South Atlantic. The Council and
NMFS have adequately considered the socio-economic impacts through the
socio-economic impact analysis developed in Regulatory Amendment 28 for
implementing this final rule. NMFS conducted a RIR, an Initial
Regulatory Flexibility Analysis (IRFA), and a Final Regulatory
Flexibility Analysis (FRFA) that analyze the expected impacts of the
actions in the regulatory amendment on the commercial and recreational
sectors engaged in fishing for South Atlantic golden tilefish.
NMFS expects the reductions to the ACLs and quotas will result in
adverse, short-term economic effects. These effects will apply directly
on the participants of the golden tilefish commercial and recreational
sectors and indirectly on the supporting industries, such as dealers,
tackle and bait shops, and fishing communities. However, Regulatory
Amendment 28 and this final rule will likely minimize future adverse
socio-economic effects by ending overfishing of South Atlantic golden
tilefish and preventing the stock from being overfished.
NMFS has determined that all entities directly affected by the
management measures outlined in Regulatory Amendment 28 and this final
rule are small entities as this term is defined in the Classification
section of this rule, so that disproportionate impacts on small versus
large entities are not expected to occur. However, effects on affected
entities will not be uniform. In general, the larger the sector (e.g.,
commercial sector) or commercial component's (e.g., longline fishermen)
percentage of the allocation, the greater the short-term adverse
economic impacts will be. In addition, the more dependent a location or
fishing community is on fishing for golden tilefish, the greater the
adverse impacts
[[Page 62510]]
will be on an area's fishing participants and supporting industries.
Comment 2: Why is the commercial ACL, listed in weight,
significantly greater than the recreational ACL, which is given in
numbers of fish?
Response: The commercial ACL is greater than the recreational ACL
because 97 percent of the total ACL is allocated to the commercial
sector and 3 percent to the recreational sector. The sector allocations
were specified in 2010 (75 FR 82280; December 30, 2010). Regulatory
Amendment 28 and this final rule revise the ACL for golden tilefish
based on the ABC recommendation from the Council's SSC, but do not
change the allocation of the ACL among the commercial and recreational
sectors. This allocation was previously determined by the Council and
NMFS to be fair and equitable, based on landings data, and considered
the least disruptive to economic and social environments. The
commercial ACL is further allocated into commercial quotas with 75
percent to the commercial longline sector and 25 percent to the
commercial hook-and-line sector, as established in 2013 through
Amendment 18B to the FMP (78 FR 23858; April 23, 2013). These quota
allocations were also based on commercial landings data, as more of the
commercial harvest is from the commercial longline component than the
hook-and-line component.
The commercial allocation is listed in pounds (lb) of gutted weight
(gw) and the recreational allocation is in numbers of fish. To convert
the recreational ACL into numbers of fish, the recreational landings
data collected through the Marine Recreational Information Program and
Southeast Region Headboat Survey were used to calculate the average
weight of South Atlantic golden tilefish. From 2012-2016, the average
weights of recreational golden tilefish have ranged annually from 4.21
lb, gw to 5.11 lb, gw. Using these 5 years of data (2012-2016) provides
an average weight of 4.43 lb, gw. Therefore, a conversion factor of
4.43 lb, gw per fish is used for converting the South Atlantic golden
tilefish recreational ACL into numbers of fish.
Comment 3: There needs to be better data collected on golden
tilefish instead of continuing to use limited existing data applied in
inconsistent methods because it is irresponsible with the goal of
achieving MSY.
Response: NMFS determined that the data used in Regulatory
Amendment 28 represents the best scientific information available and
that the data used in SEDAR 25 2016 Update is applied neither
inconsistently nor irresponsibly. NMFS notes that Regulatory Amendment
28 and the final rule respond to the latest stock assessment for golden
tilefish in the South Atlantic (SEDAR 25 Update 2016). The SEDAR 25
Update 2016 concluded that the stock is undergoing overfishing, but is
not overfished.
The SEDAR 25 participants outlined the research needs for the
golden tilefish stock assessment and these are contained in the SEDAR
25 Assessment Report. The next golden tilefish stock assessment, which
will include a review of all existing data, is scheduled to begin in
2019.
The golden tilefish stock of the South Atlantic was assessed
through the SEDAR process, which is a peer-reviewed cooperative effort
to assess the status of stocks in the jurisdictions of the South
Atlantic, Caribbean, and Gulf of Mexico Fishery Management Councils; as
well as NMFS' Southeast Fisheries Science Center and Southeast Regional
Office, and the NMFS Highly Migratory Species Division; and the
Atlantic and Gulf States Marine Fisheries Commissions. SEDAR also
relies on state agencies and universities throughout the region for
research, data collection, and stock assessment expertise. Fishery-
dependent and independent data were utilized in the stock assessment.
All of the data sources used are further described in the SEDAR 25
Update 2016, which is available on the SEDAR website at http://sedarweb.org. The SEDAR website also provides supporting documentation
that describes data collection programs and research findings.
The Council received the results of the assessment update from
their SSC in June 2016, and Council members expressed concern over the
large differences in biological benchmarks and fishing level
recommendations between SEDAR 25 Update 2016 and SEDAR 25.
Subsequently, the Council requested an updated stock assessment for
golden tilefish.
To address the Council's concerns, in May 2017, the SEDAR Steering
Committee agreed to revise the SEDAR 25 Update 2016, because a new
golden tilefish stock assessment could not be completed in 2017. The
SSC reviewed the 2017 revision to the SEDAR 25 Update 2016 at their
October 2017 meeting and determined that it was unsuitable for
management. Therefore, the best scientific information available for
golden tilefish remains the SEDAR 25 Update 2016.
Classification
The Regional Administrator for the NMFS Southeast Region has
determined that this final rule is consistent with Regulatory Amendment
28, the Magnuson-Stevens Act, and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866. This final rule is not an E.O. 13771
regulatory action because this rule is not significant under E.O.
12866.
In compliance with section 604 of the RFA, NMFS prepared a Final
Regulatory Flexibility Analysis (FRFA) for this final rule. The FRFA
incorporates the IRFA, a summary of the significant economic issues
raised by public comments, NMFS' responses to those comments, and a
summary of the analyses completed to support the action. The FRFA
follows.
A description of this final rule, and its rationale, objectives,
and legal basis are contained at the beginning of this section in the
preamble and in the SUMMARY section of the preamble. The Magnuson-
Stevens Act provides the statutory basis for this final 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 final rule. Accordingly,
this final rule does not implicate the Paperwork Reduction Act.
No comments specific to the IRFA were received from the public or
from the Chief Counsel for the Advocacy of the Small Business
Administration; however, there are comments that have socio-economic
implications, and they are addressed in the Comments and Responses
section, specifically in Comment 1.
No changes to the proposed rule were made in response to public
comments. NMFS agrees that the Council's recommendation for the action
will best achieve their objectives for this final rule while
minimizing, to the extent practicable, the adverse effects on
fishermen, support industries, and associated communities.
NMFS expects this final rule will directly affect all commercial
vessels that harvest South Atlantic golden tilefish under the FMP. The
change in the recreational ACL in this final rule will not directly
affect or regulate for-hire businesses. Any impact to the profitability
or competitiveness of for-hire fishing businesses will be the result of
changes in for-hire angler demand and will therefore be indirect in
nature. Under the RFA, recreational anglers who will be directly
affected by this final rule, are not considered small entities, so they
are outside the scope of this analysis and only the effects on
[[Page 62511]]
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.
From 2012 through 2016, an average of 23 longline vessels per year
landed golden tilefish from the South Atlantic. The Federal golden
tilefish longline endorsement to the snapper-grouper permit started in
2013 upon implementation of the final rule for Amendment 18B to the
snapper-grouper FMP (78 FR 23858; April 23, 2013). Endorsed vessels,
combined, averaged 255 trips per year in the South Atlantic on which
golden tilefish were landed, and 182 other trips that took place either
in the South Atlantic (but no golden tilefish were caught) or in other
areas (Gulf of Mexico 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 gear affected by this final rule may
be considered to be small entities. Because all entities expected to be
directly affected by this final rule are assumed to be small entities,
NMFS has determined that this final rule will 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.
This final rule will reduce the combined stock ACL, and
consequently the ACLs for the commercial and recreational sectors as
well as the longline and hook-and-line component ACLs of the commercial
sector. The longline and hook-and-line components of the commercial
sector will be expected to lose approximately $592,000 ($25,739 per
vessel) and $217,000 ($2,646 per vessel) respectively, in annual ex-
vessel revenues. This will 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. The
ACLs may be changed in the future if this final rule is successful in
addressing the overfishing condition for the South Atlantic golden
tilefish. Economic benefits would ensue if the ACLs are subsequently
increased based on an improved stock status.
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, six 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. To carry out a 6-year comparison, the ACL under the
preferred alternative is kept constant for 6 years. It is noted that a
stock assessment for golden tilefish would be completed in 2019, so the
Council may opt to revise the ACL in 2020 or later. Over a 6-year
period with constant ACL, the preferred alternative will be expected to
reduce revenues by approximately $3.02 million for the longline
component and $1.11 million for the hook-and-line component 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 end 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 closures as a result of reaching the ACL during
the fishing year, and in the first fishing year, harvest closure under
the preferred alternative would occur later 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, Snapper-
grouper, South Atlantic.
[[Page 62512]]
Dated: November 29, 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 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. In Sec. 622.190, revise paragraphs (a)(2)(i) through (iii) to read
as follows:
Sec. 622.190 Quotas.
* * * * *
(a) * * *
(2) * * *
(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).
(iii) Longline component--248,805 lb (112,856 kg).
* * * * *
0
3. In Sec. 622.193, revise paragraphs (a)(1)(i) through (iii), and
(a)(2), to read as follows:
Sec. 622.193 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
(a) * * *
(1) * * *
(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. 2018-26317 Filed 12-3-18; 8:45 am]
BILLING CODE 3510-22-P