[Federal Register Volume 89, Number 55 (Wednesday, March 20, 2024)]
[Rules and Regulations]
[Pages 19760-19762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05915]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 240315-0081]
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: Final rule.

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SUMMARY: This final rule implements status quo harvest limits for the 
2024 golden tilefish and blueline tilefish fisheries north of the North 
Carolina/Virginia border, shifts the recreational season for blueline 
tilefish to May 15 through November 14, and modifies regulations to 
reflect the January 1 start date of the golden tilefish fishing year. 
The 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: This rule is effective April 19, 2024.

ADDRESSES: Copies of the supporting documents for this action 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 Mid-Atlantic Fishery Management Council (the Council) manages 
the golden tilefish and blueline tilefish fisheries north of the North 
Carolina/Virginia border 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 the 
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. Detailed information about the development of these 
specifications was provided in the specifications proposed rule (88 FR 
77944, November 14, 2023). That information is not repeated here.

Specifications

    The 2024 specifications for blueline tilefish and golden tilefish 
are detailed in tables 1 and 2. The regulations at 50 CFR 648.293(b)(2) 
specify that commercial landings of blueline tilefish in excess of the 
commercial ACL will be deducted from the commercial ACL the following 
year. NMFS closed the 2023 commercial blueline tilefish fishery on 
September 5, 2023 (88 FR 60597), because 100 percent of the commercial 
TAL was projected to have been caught. Total commercial blueline 
tilefish landings in 2023 were 31,339 pounds (lb) (14,215 kilograms 
(kg)), which exceeded the 2023 commercial ACL by 4,470 lb (2,028 kg). 
Therefore, that amount is deducted from the 2024 commercial ACL.

             Table 1--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).

[[Page 19761]]

 
Commercial ACL/ACT...............  27,140 lb (12.3 mt).
2023 Overage Adjustment..........  -4,470 lb (-2.0 mt).
Adjusted Commercial ACL..........  22,670 lb (10.3 mt).
Recreational TAL.................  71,912 lb (32.6 mt).
Commercial TAL...................  22,399 lb (10.2 mt).
------------------------------------------------------------------------


              Table 2--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      1,763,478 lb (800 mt).
 discards permitted in fishery).
Incidental fishery TAL =           75,410 lb (42 mt).
 Incidental fishery ACT-discards.
------------------------------------------------------------------------
* IFQ = Individual Fishing Quota.

    The 2024 fishing year for golden tilefish and blueline tilefish 
began on January 1, 2024. The regulations include rollover provisions 
for both species that allow the fisheries to operate under status quo 
specifications until this action is effective.

Blueline Tilefish Recreational Season

    This action shifts the recreational fishing season for blueline 
tilefish by two weeks. The recreational fishing season for blueline 
tilefish will now be May 15 through November 14. The blueline tilefish 
recreational possession limits are not changed and depend on the type 
of fishing vessel used. Anglers fishing from a private vessel that has 
been issued a valid Federal Tilefish Private Recreational Permit are 
allowed to keep up to three 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 five 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 seven 
blueline tilefish per person per trip.

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: (1) the date 
by which an IFQ permit application must be submitted to ensure the IFQ 
permit is issued before the start of the fishing year; (2) the date 
when an IFQ permit ceases to be valid (i.e., the last day of the 
fishing year); and (3) the cut-off date for submitting an IFQ transfer 
application for the current fishing year. This rule adjusts those dates 
in the regulations based on January 1 being the start of the fishing 
year.

Comments

    On November 14, 2023, we published a proposed rule (88 FR 77944) 
requesting comment on these measures. The comment period was open 
through December 14, 2023. We received three comments. Two comments 
were from members of the for-hire fishing industry, and one comment was 
submitted anonymously.
    Comment 1: Two comments were submitted by head boat operators in 
New York and New Jersey. Both commenters disagree with the rationale 
for changing the blueline tilefish recreational season. In their 
experience, the bycatch of black sea bass on fishing trips targeting 
blueline tilefish that prompted the Council to recommend the change 
only occurs farther south, primarily in the waters off Virginia. They 
also mention that for-hire fishing trips for blueline tilefish in the 
first two weeks of May are important to their businesses because there 
are few other species available during that time.
    Response: The type and extent of bycatch and incidental catch often 
varies based on numerous factors including location and fishing method. 
The Council used an analysis of the coast-wide bycatch of black sea 
bass in blueline tilefish recreational trips to assess the need for, 
and likely effect of, changing the recreational season. While this 
analysis may not fully reflect the conditions observed at a given 
location, it can be useful in understanding the likely impact of a 
management change overall. Based on that analysis, adjusting the 
recreational season for blueline tilefish is likely to reduce the 
number of black sea bass discarded by anglers who are fishing for 
blueline tilefish. NMFS and the Council will continue to monitor the 
blueline tilefish recreational fishery and may make further adjust 
measures in the future, including the recreational season, if 
warranted.
    Comment 2: One commenter asserted that specifications need to be 
revised in light of the development of offshore wind projects. However, 
the commenter did not specify how they believe offshore wind 
development might affect blueline tilefish and golden tilefish 
populations or what changes to the specifications might be necessary.
    Response: NMFS is closely involved in assessing the potential 
impact of offshore wind development on a broad range of marine 
resources. No specific impacts on blueline tilefish and golden tilefish 
populations from the construction or operation of offshore wind 
turbines have been identified and, therefore, no changes to current 
specifications are necessary. If an issue does arise, NMFS will work 
with the Council to make any needed changes to management measures.

Changes From Proposed Rule

    The commercial blueline tilefish ACL and TAL have each been reduced 
by 4,470 lb (2,028 kg) from what appeared in the proposed rule. This 
change reflects the small overage that occurred in 2023 and the 
requirement of Sec.  648.293(b)(1) that such overages be deducted from 
the commercial ACL in the next fishing year. The calculation of this 
overage was not available at the time the proposed rule was published.

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this final rule is 
consistent with the Tilefish FMP, other provisions of the

[[Page 19762]]

Magnuson-Stevens Act, and other applicable law.
    This final 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 the 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.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: March 15, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 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) introductory text to read as follows:


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. 2024-05915 Filed 3-19-24; 8:45 am]
BILLING CODE 3510-22-P