[Federal Register Volume 88, Number 218 (Tuesday, November 14, 2023)]
[Proposed Rules]
[Pages 77944-77947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25064]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 231107-0264]
RIN 0648-BM55


Fisheries of the Northeastern United States; Mid-Atlantic 
Blueline Tilefish and Golden Tilefish Fisheries; 2024 Specifications

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

ACTION: Proposed rule; request for comments.

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[[Page 77945]]

SUMMARY: In this action, NMFS proposes to maintain status quo harvest 
limits for the 2024 golden tilefish and blueline tilefish fisheries 
north of the North Carolina/Virginia border, to shift the recreational 
season for blueline tilefish to May 15 through November 14, and to 
modify regulations to reflect the January 1 start date of the golden 
tilefish fishing year. The proposed 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.

DATES: Comments must be received on December 14, 2023.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2023-0121, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2023-0121 in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
    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 a part of the 
public record and will generally be posted for public viewing on 
https://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).
    Copies of the supporting documents for these proposed 
specifications are available from Dr. Christopher M. Moore, Executive 
Director, Mid-Atlantic Fishery Management Council, 800 North State 
Street, Suite 201, Dover, DE 19901. These documents are also accessible 
via the internet at https://www.mafmc.org.

FOR FURTHER INFORMATION CONTACT: Douglas Potts, [email protected], 
978-281-9241.

SUPPLEMENTARY INFORMATION: 

Background

    The golden tilefish and blueline tilefish fisheries north of the 
North Carolina/Virginia border are managed by the Mid-Atlantic Fishery 
Management Council (the Council) under the Tilefish Fishery Management 
Plan (FMP), which outlines the Council's process for establishing 
annual specifications. The Tilefish FMP requires 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 the commercial and recreational sectors of the 
fisheries. The Council's Scientific and Statistical Committee (SSC) 
provides ABC recommendations for both species 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.

Proposed Specifications

    The proposed 2024 specifications for blueline and golden tilefish 
are detailed in Tables 1 and 2. These values are status quo from 2023 
and are unchanged from the projected 2024 specifications we previously 
announced in the final rule for the 2022-2024 Blueline Tilefish 
Specifications (87 FR 66245, November 3, 2022) and the final rule for 
Framework Adjustment 7 to the Tilefish FMP (87 FR 67830, November 10, 
2022).

         Table 1--Proposed Blueline Tilefish 2024 Specifications
------------------------------------------------------------------------
 
------------------------------------------------------------------------
ABC--North of NC/VA line.......................    100,520 lb (45.6 mt).
Recreational ACL/ACT...........................     73,380 lb (33.3 mt).
Commercial ACL/ACT.............................     27,140 lb (12.3 mt).
Recreational TAL...............................     71,912 lb (32.6 mt).
Commercial TAL.................................     26,869 lb (12.2 mt).
------------------------------------------------------------------------


          Table 2--Proposed Golden Tilefish 2024 Specifications
------------------------------------------------------------------------
 
------------------------------------------------------------------------
ABC............................................   1,964,319 lb (891 mt).
ACL............................................   1,964,319 lb (891 mt).
IFQ fishery ACT................................   1,763,478 lb (800 mt).
Incidental fishery ACT.........................       92,815 lb (42 mt).
IFQ fishery TAL = IFQ ACT (no discards            1,763,478 lb (800 mt).
 permitted in fishery).........................
Incidental fishery TAL = Incidental fishery           75,410 lb (42 mt).
 ACT--discards.................................
------------------------------------------------------------------------

    This action would not change the landing limits for the commercial 
fisheries. A vessel fishing under a Federal commercial tilefish vessel 
permit would continue to be prohibited from possessing more than 500 
pounds (lb) (227 kilograms (kg)) of gutted golden tilefish at any time, 
or 50 percent, by weight, of the total of all species, including golden 
tilefish, being landed (whichever is less). This landing limit does not 
apply to a vessel authorized to land golden tilefish under a Tilefish 
IFQ permit. A vessel fishing under a commercial tilefish permit would 
also continue to be prohibited from possessing more than 500 lb (227 
kg) of gutted blueline tilefish per trip. If 70 percent of the blueline 
tilefish commercial TAL is landed, the Regional Administrator may 
reduce the blueline tilefish possession limit to 300 lb (136 kg).
    This action would not change the recreational management measures 
for golden or blueline tilefish, other than the season change discussed 
below. Any vessel used to fish recreationally for golden or blueline 
tilefish must have the appropriate Federal vessel permit. Boats used to 
take anglers for hire must have the Charter/Party Tilefish Permit while 
private recreational vessels need to have the Private Recreational 
Tilefish Permit. Both permit types require the submission of vessel 
trip reports. Additional information about permitting and reporting 
requirements is available from the Greater Atlantic Regional

[[Page 77946]]

Fisheries Office's Permits Office at (978) 282-8438 or 
[email protected].
    The golden tilefish recreational possession limit for charter/party 
and private recreational anglers is 8 golden tilefish per angler per 
trip. Anglers may not retain golden tilefish unless exclusively using 
rod and reel fishing gear with a maximum limit of 5 hooks per rod. The 
blueline tilefish recreational possession limit depends on the type of 
fishing vessel. Anglers fishing from a private vessel that has been 
issued a valid Federal Tilefish Private Recreational Permit are allowed 
to keep up to 3 blueline tilefish per person per trip. Anglers fishing 
from a for-hire vessel that has been issued a valid Federal Tilefish 
Party/Charter Permit but does not have a current U.S. Coast Guard 
safety inspection sticker can retain up to 5 blueline tilefish per 
person per trip. Finally, anglers on for-hire vessels that have both a 
valid Federal Tilefish Party/Charter Permit and a current U.S. Coast 
Guard safety inspection sticker can retain up to 7 blueline tilefish 
per person per trip.
    The 2024 fishing year for golden tilefish and blueline tilefish 
will begin on January 1, 2024. The regulations include rollover 
provisions for both species that would allow the fisheries to operate 
under status quo specifications if this action is not finalized before 
then.

Blueline Tilefish Recreational Season

    At its June 2023 meeting, the MAFMC voted to recommend changing the 
recreational season for blueline tilefish from May 1 through October 31 
to May 15 through November 14. The Council had received feedback from 
participants in this fishery suggesting the recreational blueline 
tilefish season be shifted forward by about 2 weeks to better match the 
recreational black sea bass season in most states. In some areas, 
anglers report it is common to catch black sea bass when targeting 
blueline tilefish or to stop and target black sea bass on their way out 
to blueline tilefish fishing grounds. Therefore, the recommendation was 
intended to better align the blueline tilefish season with the black 
sea bass season in most states in an effort to minimize regulatory 
black sea bass discards as well as to help control temporal efforts on 
both fisheries. A review of both angler feedback as well as vessel trip 
report data from for-hire vessels suggests shifting the recreational 
blueline tilefish season to May 15 to November 14 would help reduce 
black sea bass discards with minimal impact on the blueline tilefish 
recreational fishery and would result in no change to the number of 
days of the current blueline tilefish recreational season.

Corrections

    The final rule to implement Framework Adjustment 7 to the Tilefish 
FMP (87 FR 67830, November 10, 2022) moved the start of the fishing 
year for golden tilefish from November 1 to January 1. However, the 
rule did not change the following ancillary dates in the regulations 
that derive from the start of the fishing year, including: the date by 
which an Individual Fishing Quota (IFQ) permit application must be 
submitted to ensure the IFQ permit is issued before the start of the 
fishing year; the date when an IFQ permit ceases to be valid (i.e., the 
last day of the fishing year); and the cut-off date for submitting an 
IFQ transfer application for the current fishing year. This rule 
proposes to adjust those dates in the regulations based on January 1 
being the start of the fishing year.

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 2024 harvest quotas in this rule are status quo and were 
previously certified not to have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act during the rulemaking for the 2022-2024 Specifications for the 
Blueline Tilefish Fishery (87 FR 66245, November 3, 2022) and Framework 
Adjustment 7 to the Tilefish Fishery Management Plan (87 FR 67830, 
November 10, 2022). No comments were received that would change those 
previous certifications.
    The new management measures proposed by this action apply to vessel 
owners participating in the recreational blueline tilefish fishery. A 
total of 535 affiliates had a federal party/charter permit for tilefish 
during 2020-2022.
    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 or equal to $8 million. All of the 535 
affiliates with Federal party/charter permits were categorized as small 
businesses based on their average 2018-2022 revenues. Of these, 249 
affiliates reported that the majority of their revenues in 2022 came 
from for-hire fishing.
    The proposed recreational season for blueline tilefish would not 
result in a change to the number of fishing days and is unlikely to 
significantly affect the timing of when anglers can fish for this 
species. The proposed change would not likely result in a change in the 
number of for-hire trips, for-hire revenues, or overall impacts to 
recreational for-hire businesses, assuming all other factors which 
affect revenues remain unchanged, and, as a result, this action will 
not have a significant economic impact on a substantial number of small 
entities. As a result, an initial regulatory flexibility analysis is 
not required and none has been prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: November 7, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 648 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.  648.294, revise paragraphs (b)(1)(ii), (b)(2) and (3), and 
(e)(4) to read as follows:

[[Page 77947]]

Sec.  648.294  Golden tilefish individual fishing quota (IFQ) program.

* * * * *
    (b) * * *
    (1) * * *
    (ii) Renewal applications. Applications to renew an IFQ allocation 
permit must be received by November 15 to be processed in time for the 
January 1 start of the next fishing year. Renewal applications received 
after this date may not be approved, and a new permit may not be issued 
before the start of the next fishing year. An IFQ allocation permit 
holder must renew his/her IFQ allocation permit on an annual basis by 
submitting an application for such permit prior to the end of the 
fishing year for which the permit is required. Failure to renew an IFQ 
allocation permit in any fishing year will result in any IFQ quota 
share held by that IFQ allocation permit holder to be considered 
abandoned and relinquished.
    (2) Issuance. Except as provided in subpart D of 15 CFR part 904, 
and provided an application for such permit is submitted by November 
15, as specified in paragraph (b)(1)(ii) of this section, NMFS shall 
issue annual IFQ allocation permits on or before December 31 to those 
who hold IFQ quota share as of November 1 of the current fishing year. 
From November 1 through December 31, permanent transfer of IFQ quota 
share is not permitted, as described in paragraph (e)(4) of this 
section.
    (3) Duration. An annual IFQ allocation permit is valid until 
December 31 of each fishing year unless it is suspended, modified, or 
revoked pursuant to 15 CFR part 904; revised due to a transfer of all 
or part of the IFQ quota share or annual IFQ allocation under paragraph 
(e) of this section; or suspended for non-payment of the cost recovery 
fee as described in paragraph (h)(4) of this section.
* * * * *
    (e) * * *
    (4) Application for an IFQ allocation transfer. Any IFQ allocation 
permit holder applying for either permanent transfer of IFQ quota share 
or temporary transfer of annual IFQ allocation must submit a completed 
IFQ Allocation Transfer Form, available from NMFS. The IFQ Allocation 
Transfer Form must be submitted to the NMFS Greater Atlantic Regional 
Fisheries Office at least 30 days before the date on which the 
applicant desires to have the IFQ allocation transfer effective. The 
Regional Administrator shall notify the applicants of any deficiency in 
the application pursuant to this section. Applications for permanent 
IFQ quota share allocation transfers must be received by November 1 to 
be processed and effective before annual IFQ allocations are issued for 
the next fishing year. Applications for temporary IFQ allocation 
transfers must be received by December 10 to be processed for the 
current fishing year.
* * * * *
0
3. In Sec.  648.296, revise paragraph (b) introductory text to read as 
follows:


Sec.  648.296  Tilefish recreational possession limits and gear 
restrictions.

* * * * *
    (b) Blueline tilefish. The recreational blueline tilefish fishery 
is open May 15 through November 14, and closed November 15 through May 
14.
* * * * *
[FR Doc. 2023-25064 Filed 11-13-23; 8:45 am]
BILLING CODE 3510-22-P