[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)]
[Rules and Regulations]
[Pages 3341-3342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01929]
[[Page 3341]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 181022971-8999-02]
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: Final rule.
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SUMMARY: NMFS finalizes specifications for the 2019 Mid-Atlantic
blueline tilefish fishery north of the North Carolina/Virginia border
and projects specifications for 2020 and 2021. This action is necessary
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 specifications for the 2019 fishing year and projected
specifications for 2020-2021.
DATES: This rule is effective February 12, 2019.
ADDRESSES: Copies of the environmental assessment are available on
request from the Mid-Atlantic Fishery Management Council, Suite 201,
800 North State Street, Dover, DE 19901.
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). The blueline tilefish
fishery south of the North Carolina/Virginia border is managed by the
South Atlantic Fishery Management Council under the Snapper-Grouper
FMP. Regulations implementing the Tilefish FMP appear at 50 CFR part
648, subparts A and N. The FMP and its implementing regulations detail
the Council's process for establishing specifications. Fishery
specifications for blueline tilefish include catch and landing limits
for the commercial and recreational fisheries.
Detailed background information regarding the development of the
2019-2021 specifications for this fishery was provided in the
specifications proposed rule (November 19, 2018; 83 FR 58219). That
information is not repeated here.
2019 and Projected 2020-2021 Specifications
Table 1 shows the 2019 and projected 2020-2021 specifications
including the acceptable biological catch (ABC), annual catch limit
(ACL), annual catch target (ACT), and total allowable catch (TAL) for
the commercial and recreational aspects of the Mid-Atlantic blueline
tilefish fishery. NMFS will publish a notice in the Federal Register
before the 2020 and 2021 fishing years notifying the public of the
final specifications for each year.
Table 1--2018, 2019, and Projected 2020-2021 Blueline Tilefish Specifications
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2018 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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This action increases the commercial possession limit from 300 lb
(136 kg) to 500 lb (227 kg) per-trip to assist the commercial fishery
in harvesting the commercial TAL. To prevent the commercial TAL from
being landed too quickly the Regional Administrator may reduce the
possession limit to 300 lb (136 kg) per trip when 70 percent of the
commercial TAL has been landed.
This action makes 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 uninspected for-
hire vessels (charter boats), each angler may keep up to five blueline
tilefish. On U.S. Coast Guard-inspected for-hire vessels (party boats),
each angler may keep up to seven blueline tilefish.
Comments
The public comment period for the proposed rule ended on December
4, 2018. We received one comment on the proposed rule.
Comment: The commenter opposed the increase in the commercial
possession limit and recommended a drastic cut in harvest quotas or
risk the species going extinct.
Response: In 2017 and 2018, while operating under a 300 lb (136 kg)
possession limit, the commercial blueline tilefish fishery did not
exceed the commercial TAL. Analysis conducted by the Mid-Atlantic
Council indicates the 500 lb (227 kg) possession limit would not result
in exceeding the new, higher commercial TAL. If commercial harvest
nears the TAL, the Regional Administrator has the authority to reduce
the possession limit to slow harvest rates and to close the fishery if
the TAL is landed. The commenter presented no clear rationale or
evidence supporting the claim that the harvest quotas would result in
extinction of the species. The Council's recommended harvest quotas
were set based on the results of a scientifically peer-reviewed stock
assessment. NMFS used the best scientific information available when
assessing the potential environmental impacts of this action and is
approving specifications for the Mid-Atlantic blueline tilefish fishery
that are consistent with the FMP, all applicable legal requirements,
and the recommendations of the Council.
Changes From Proposed to Final Rule
This final rule adds regulatory text to 50 CFR 648.14(u) and
648.296(b) establishing the recreational blueline tilefish fishing
season that was inadvertently omitted from a November 15, 2017, final
rule (82 FR 52851). In Amendment 6 to the Tilefish FMP, the Council
recommended the recreational blueline tilefish fishery be open from May
1 through October 31 and closed November 1 through April 30 each year.
The proposed rule (82 FR 29263; June
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28, 2017) and final rule for that action both clearly described the
recreational fishing season in the preamble, but neglected to include
the measure in the regulatory text. The Amendment 6 final rule clearly
intended to implement the recreational closure, and included formal
responses to public comments regarding the closure. The recreational
season was also included in our public outreach material about the
amendment.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), the Assistant
Administrator for Fisheries, NOAA, 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 finds that there is good
cause under 5 U.S.C. 553(d)(3) to waive the 30-day delayed
effectiveness provision of the Administrative Procedure Act for these
specifications. This action will increase the annual total allowable
landings for the commercial and recreational fisheries by 15 percent
and will increase the commercial possession limit from 300 lb (136 kg)
to 500 lb (227 kg) per trip. It would be unnecessary and contrary to
the public interest to provide for prior notice and an opportunity for
public comment for the implementation of the blueline tilefish
recreational season. The Tilefish Amendment 6 proposed rule (82 FR
29263; June 28, 2017) described the recreational fishing season in the
preamble and solicited public comment. The November 15, 2017, final
rule (82 FR 52851) included our response to public comments on the
measure, and stated the season would be implemented as proposed.
Seeking additional public comment at this point would be unlikely to
provide new insight and would further delay final implementation of the
recreational season. Similarly, the need to implement this measure in a
timely manner to avoid fishing during a period we had previously
announced the fishery would be closed constitutes good cause under
authority contained in 5 U.S.C. 553(d)(3), to waive the 30-day delay in
effective date. A delay in the effective date of the recreational
season would seemingly conflict with the November 15, 2017, final rule
and would cause confusion among the public about whether or not the
blueline tilefish recreational fishery is open.
This 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 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 this certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: February 6, 2019.
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.
0
2. In Sec. 648.14, paragraph (u)(2)(x) is added to read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(u) * * *
(2) * * *
(x) Engage in recreational fishing for blueline tilefish outside of
the recreational open season specified at Sec. 648.296(b).
* * * * *
0
3. 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 may 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 after the announced closure date.
* * * * *
0
4. In Sec. 648.296, paragraph (b) introductory text is added to read
as follows:
Sec. 648.296 Tilefish recreational possession limits and gear
restrictions.
* * * * *
(b) * * * The recreational blueline tilefish fishery is open May 1
through October 31, and closed November 1 through April 30.
* * * * *
[FR Doc. 2019-01929 Filed 2-11-19; 8:45 am]
BILLING CODE 3510-22-P