[Federal Register Volume 84, Number 198 (Friday, October 11, 2019)]
[Rules and Regulations]
[Pages 54790-54791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22316]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 191007-0057]
RIN 0648-XX009


Fisheries of the Northeastern United States; Golden Tilefish 
Fishery; 2020 Specifications

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

ACTION: Final rule.

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SUMMARY: We are implementing 2020 specifications for the 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, 2019, through October 31, 2020.

FOR FURTHER INFORMATION CONTACT: Laura Hansen, Fishery Management 
Specialist, 978-281-9225.

SUPPLEMENTARY INFORMATION:

Background

    The Mid-Atlantic Fishery Management Council manages the golden 
tilefish fishery under the Tilefish Fishery Management Plan (FMP), 
which outlines the Council's process for setting 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 3 years at a time. On September 7, 2017, we 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 (Framework 2), 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. Additional background 
information regarding the development of these specifications was 
provided in these rules and is not repeated here. We published a final 
rule implementing the 2019 specifications on October 26, 2018 (83 FR 
54055).
    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 and thus far in 
fishing year 2019, there have been no annual catch limit or total 
allowable landings overages, nor is there any new biological 
information that would require altering the projected 2020 
specifications. As a result, we are announcing the final specifications 
for fishing year 2020, as projected in the Framework 2 final rule (83 
FR 10803; March 13, 2018), and in the final rule implementing the 2019 
specifications (83 FR 54055) (See Table 1).

                               Table 1--Summary of Golden Tilefish Specifications
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                                                               2019                         Final 2020
                                                 ---------------------------------------------------------------
                                                        mt          million lb          mt          million lb
----------------------------------------------------------------------------------------------------------------
Overfishing Limit...............................           1,098           2.421           1,039           2.291
ABC.............................................             742           1.636             742           1.636
ACL.............................................             742           1.636             742           1.636
Individual Fishing Quota (IFQ) ACT..............             705           1.554             705           1.554
Incidental ACT..................................              37           0.082              37           0.082
IFQ TAL.........................................             705           1.554             705           1.554
Incidental TAL..................................              33           0.072              33           0.072
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    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 2020 fishing year. The 
incidental trip limit will stay 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 2019 
specifications remain in effect until replaced by the 2020 
specifications included in this rule.

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 laws.
    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 rule 
for Framework 2 (82 FR 48967, October 23, 2017) provided the public 
with the opportunity to comment on the projected specifications for 
2019 and 2020, and the specifications for fishing year 2020 remain the 
same as projected in the Framework 2

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rulemaking. All comments received were addressed in the respective 
final rule for Framework 2 (83 FR 10803, March 13, 2017). 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 final rule is exempt from review under Executive Order 12866 
because this action contains no implementing regulations.
    This final rule does not duplicate, conflict, or overlap with any 
existing Federal rules.
    This final rule does not contain a collection of information 
requirement for the purposes of the Paperwork Reduction Act.
    A final regulatory flexibility analysis (FRFA) was prepared for the 
2018-2020 specifications final rule (83 FR 10803, March 13, 2017). That 
analysis included the potential impacts of the projected status quo 
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.

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

    Dated: October 8, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2019-22316 Filed 10-10-19; 8:45 am]
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