[Federal Register Volume 85, Number 32 (Tuesday, February 18, 2020)]
[Rules and Regulations]
[Pages 8765-8766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03198]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.: 200212-0053]
RIN 0648-XX037


Fisheries of the Northeastern United States; Blueline 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 Mid-Atlantic 
blueline tilefish fishery, including the annual catch and total 
allowable landings limits. This action establishes allowable harvest 
levels and other management measures to prevent overfishing, consistent 
with the Magnuson-Stevens Fishery Conservation and Management Act and 
the Tilefish Fishery Management Plan.

DATES: Effective February 18, 2020, through December 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 blueline 
tilefish fishery north of the Virginia/North Carolina border 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 
November 18, 2018, we proposed 2019 specifications for the blueline 
tilefish fishery and announced projected specifications for 2020 and 
2021 based on Council recommendations (83 FR 58219). Public comment was 
accepted through December 4, 2018. We published a final rule 
implementing the 2019 specifications on February 12, 2019 (84 FR 3341).
    At the end of each fishing year, we evaluate available 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 2019, there 
were 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 final rule 
implementing 2019 specifications (See Table 1).

          Table 1--Summary of Blueline Tilefish Specifications
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               Specifications                            2020
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ABC--North of NC/VA line...................         100,520 lb (45.6 mt)
Recreational ACL...........................             73,380 (33.3 mt)
Commercial ACL.............................          27,140 lb (12.3 mt)
Recreational TAL...........................          71,912 lb (32.6 mt)
Commercial TAL.............................          26,869 lb (12.2 mt)
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    All other management measures in the blueline tilefish fishery will 
remain unchanged for the 2020 fishing year.
    The FMP 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 finds it is 
impracticable, unnecessary, and contrary to the public interest to 
provide for prior notice and an opportunity for public comment, under 
to authority at U.S.C. 553(b)(B). The proposed rule for 2019-2021 
specifications (83 FR 58219, November 18, 2018) provided the public 
with the opportunity to comment on the specifications for 2019, and 
projected 2020 and 2021 specifications. The specifications for fishing 
year 2020 remain the same as projected in the specifications 
rulemaking. All comments received were addressed in the final rule (84 
FR 3341).
    Similarly, the need to implement these measures in a timely manner 
for the start of the blueline 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.
    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.
    The Chief Counsel for Regulation for the Department of Commerce 
certified to the Small Business Administration that the 2019-2021 
blueline tilefish specifications rulemaking would not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act. No comments were received that 
would change the initial certification. 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.


[[Page 8766]]


    Dated: February 12, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2020-03198 Filed 2-14-20; 8:45 am]
 BILLING CODE 3510-22-P