80 FR 31864 - Fisheries of the Northeastern United States; Blueline Tilefish Fishery; Secretarial Emergency Action

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 107 (June 4, 2015)

This temporary rule implements possession limits for the blueline tilefish fishery in waters north of the Virginia/North Carolina border as requested by the Mid-Atlantic Fishery Management Council. These emergency management measures are necessary to temporarily constrain fishing effort on the blueline tilefish stock while a long-term management plan is developed. The rule is expected to reduce fishing mortality and help ensure the long-term sustainability of the stock.

[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)]
[Rules and Regulations]
[Pages 31864-31866]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-13407]



[[Page 31864]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 150311250-5474-01]
RIN 0648-BE97


Fisheries of the Northeastern United States; Blueline Tilefish 
Fishery; Secretarial Emergency Action

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

ACTION: Temporary rule, emergency action.

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SUMMARY: This temporary rule implements possession limits for the 
blueline tilefish fishery in waters north of the Virginia/North 
Carolina border as requested by the Mid-Atlantic Fishery Management 
Council. These emergency management measures are necessary to 
temporarily constrain fishing effort on the blueline tilefish stock 
while a long-term management plan is developed. The rule is expected to 
reduce fishing mortality and help ensure the long-term sustainability 
of the stock.

DATES: Effective June 4, 2015, through December 1, 2015, except for the 
amendment to the ``Tilefish'' definition in Sec.  648.2, which is 
effective June 4, 2015. Comments must be received on or before July 6, 
2015.

ADDRESSES: Copies the Environmental Assessment and Regulatory Impact 
Review (EA/RIR) and other supporting documents for this emergency 
action are available from John K. Bullard, Regional Administrator, 
NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic 
Drive, Gloucester, MA, 01930. The EA/RIR is also accessible via the 
Internet at: http://www.greateratlantic.fisheries.noaa.gov/.
    You may submit comments, identified by NOAA-NMFS-2015-0062, by 
either of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0062, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to NMFS, Greater Atlantic 
Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 
01930. Mark the outside of the envelope ``Comments on Blueline Tilefish 
Emergency.''
    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 
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).

FOR FURTHER INFORMATION CONTACT: Tobey Curtis, Fishery Policy Analyst, 
(978) 281-9273.

SUPPLEMENTARY INFORMATION: 

Background

    Blueline tilefish (Caulolatilus microps) are mainly distributed off 
the southeastern U.S., and have been managed as part of the South 
Atlantic Fishery Management Council's Snapper Grouper Fishery 
Management Plan (FMP). The South Atlantic Council developed, and NMFS 
has implemented, Amendment 32 to the Snapper Grouper FMP to end 
overfishing of blueline tilefish within the South Atlantic Council's 
management jurisdiction. Amendment 32 includes reduced commercial and 
recreational possession limits (80 FR 16583; March 30, 2015). However, 
Amendment 32 measures do not apply to vessels fishing for blueline 
tilefish north of the South Atlantic Council's jurisdiction (which 
extends as far north as the latitude of the Virginia/North Carolina 
border).
    In recent years, there has been increasing recreational and 
commercial fishing activity for blueline tilefish in the Greater 
Atlantic Region, outside the jurisdiction of the South Atlantic 
Council's Snapper Grouper FMP. Commercial landings in the Greater 
Atlantic Region (Virginia to Maine) averaged 11,000 lb (5 mt) per year 
for 2005-2013. Recreational charter/party vessels reported an average 
of 2,400 fish per year for 2002-2011. However, commercial landings in 
2014 increased to over 217,000 lb (98 mt), and recreational landings 
from 2012-2014 increased to 10,000-16,000 fish per year. The rapid 
increase in blueline tilefish harvest in the Greater Atlantic Region 
represents a risk to the conservation of the species and the long-term 
sustainability of the fisheries.
    Blueline tilefish north of the Virginia/North Carolina border 
warrant precautionary management. Based upon these concerns, on March 
10, 2015, the Mid-Atlantic Fishery Management Council submitted a 
request for Secretarial emergency action under section 305(c) of the 
Magnuson-Stevens Act to implement temporary management measures for 
blueline tilefish in the Greater Atlantic Region. Additionally, at its 
April 2015 meeting, the Mid-Atlantic Council initiated an action to 
develop a long-term management approach.
    Subsequently, on May 6, 2015, the South Atlantic Council submitted 
a new request to the NMFS Southeast Regional Office for emergency 
action in the blueline tilefish fishery, based upon the preliminary 
findings of its Scientific and Statistical Committee (SSC). In its 
request, the South Atlantic Council states that the most recent stock 
assessment for blueline tilefish (SEDAR 32) applied to the blueline 
tilefish stock coastwide, and that the assessment represents the best 
scientific information available on which to base management measures. 
Therefore, the South Atlantic Council requested that the current 
blueline tilefish management measures included in its Snapper Grouper 
Fishery Management Plan (analyzed as ``Alternative 2'' in the 
environmental assessment supporting the temporary rule) be implemented 
in the Greater Atlantic Region. The Council further asserts that these 
measures, which appear to be more restrictive than those included in 
the current temporary rule as requested by the Mid-Atlantic Council, 
are needed to end overfishing on the stock.
    On May 11, 2015, the Mid-Atlantic Council commented on the South 
Atlantic Council's emergency action request in a letter to the Greater 
Atlantic Regional Administrator. The Mid-Atlantic Council disagrees 
with the South Atlantic Council's interpretation of the results of 
SEDAR 32, identifies relevant data that were not included in SEDAR 32, 
and argues that the assessment is not applicable to the blueline 
tilefish resource in the Greater Atlantic Region.
    Based upon the conflicting information received from the two 
Councils, there is a need to further evaluate the scientific basis for 
the conclusions reached by both Councils in order to decide on the 
proper long-term approach. The South Atlantic Council's SSC is meeting 
on June 3, 2015, to consider stock projections and fishing level 
recommendations. While the more restrictive management measures 
recommended by the South Atlantic Council may appear to be warranted, 
additional time would be necessary to

[[Page 31865]]

fully analyze the impacts of those measures on both the blueline 
tilefish resource and the recreational and commercial fisheries that 
depend on access to these fish. The additional time needed for this 
further review and analysis would prolong addressing the primary, 
immediate emergency need of stopping unacceptably high levels of 
harvest by the commercial fleet. Both Councils are united by the desire 
to immediately put some measures in place in order to constrain the 
ability of the commercial fleet to land in New Jersey or other ports 
where there are no limits on the landing of blueline tilefish.
    The proposed emergency rule to implement the Mid-Atlantic Council's 
request will have the practical effect of equaling what appear to be 
the more restrictive South Atlantic measures for the commercial 
fishery. The commercial fishery is the component that is exerting 
substantial pressure on the stock, while the recreational fishery 
appears to be having less of an impact. The proposed 300-lb (136-kg) 
trip limit will have the practical effect of ending directed commercial 
fishing on this stock once the South Atlantic Council's 100-lb (45.4-
kg) trip limit south of Virginia has been reached, or the South 
Atlantic Council's commercial fishery has been closed. This is because 
it is not economically feasible for vessels to catch a limit of 300 lb 
(136 kg) of blueline tilefish off Virginia or Maryland and then steam 
all the way to New Jersey to land it. We expect a 300-lb (136-kg) trip 
limit to induce fishermen to cease commercially targeting blueline 
tilefish. The trip limit allows fishermen targeting other species to 
retain limited amounts of incidentally caught blueline tilefish, thus 
reducing waste that would occur if no retention was allowed.
    Moreover, the proposed recreational limit of seven fish per angler 
is consistent with measures in place in Virginia and Maryland. The 
recreational component of this fishery is very small compared to the 
commercial component and our records indicate that only 12 percent of 
anglers catch seven blueline tilefish per day. Implementing the less 
restrictive recreational measures mitigates socio-economic impacts on 
the recreational fleet without undermining the conservation benefits 
coming from the primary focus of this rule which is to stop the 
commercial fleet's landing of high levels of blueline tilefish.
    These measures are expected to constrain fishing mortality and 
reduce the risk of overfishing on blueline tilefish while the Mid-
Atlantic and South Atlantic Councils develop a long-term management 
plan for blueline tilefish throughout its range. NMFS will continue to 
evaluate all of the available information and determine whether 
additional restrictions are needed.

Emergency Management Measures

    Based upon the recommendation of the Mid-Atlantic Council, we are 
implementing the following management measures for blueline tilefish in 
the Greater Atlantic Region:
    1. A requirement for commercial or charter/party vessels landing 
blueline tilefish in the Northeast region (i.e., north of the latitude 
of the Virginia/North Carolina border: 36[deg] 33' 01.0'' N. latitude) 
to hold a valid Northeast open access golden tilefish commercial or 
charter/party vessel permit, which are issued by the Greater Atlantic 
Regional Fisheries Office;
    2. A commercial possession limit of 300 lb (136 kg) whole weight 
per trip; and
    3. A recreational possession limit of seven blueline tilefish per 
person, per trip.
    None of these management measures modify the existing possession 
regulations for golden tilefish, or any other species. The requirement 
to hold a valid Northeast permit will ensure that catch, effort, and 
fishing location information for blueline tilefish will be reported 
moving forward. This information will be valuable to both Councils as 
they further develop long-term approaches for managing blueline 
tilefish across its distribution. The duration of this emergency action 
is limited by the Magnuson-Stevens Act to an initial period of 180 
days, with a potential extension of an additional 186 days.

Classification

    NMFS has determined that this rule is necessary to respond to an 
emergency situation and is consistent with the Magnuson-Stevens Act and 
other applicable law. NMFS has determined that the rapid expansion of 
fishing activity for blueline tilefish in the Greater Atlantic Region 
justifies the emergency requested by the Mid-Atlantic Council. NMFS 
reviewed the Council's request for temporary emergency rulemaking with 
respect to section 305(c) of the Magnuson-Stevens Act and NMFS policy 
guidance for the use of emergency rules (62 FR 44421, August 21, 1997) 
and determined that the Council's request meets both the criteria and 
justifications for invoking the emergency rulemaking provisions of the 
Magnuson-Stevens Act. The action is needed to address unforeseen rapid 
increases in landings and fishing effort for blueline tilefish in the 
Greater Atlantic Region. This action is needed to help prevent a 
serious conservation problem--fishing potentially resulting in rapidly 
increasing catch and the potential for unconstrained fishing mortality. 
Finally, the immediate benefits to the blueline tilefish resource 
outweigh the value of the advance notice and public comments provided 
under the normal rulemaking process, hence, this action is being 
implemented as a final temporary rule.
    Pursuant to section 553(b)(B) of the Administrative Procedure Act, 
the Assistant Administrator (AA) for Fisheries, NOAA, finds that it 
would be impracticable and contrary to the public interest to provide 
for prior notice and opportunity for the public to comment on this 
rule. During the 2014 fishing year, it became apparent that unregulated 
blueline tilefish landings in the Greater Atlantic Region were 
increasing rapidly compared to previous years. The Mid-Atlantic Council 
analyzed and discussed the issue, and on February 25, 2015, voted to 
request that we implement emergency measures. The emergency request was 
submitted to us on March 10, 2015. Since blueline tilefish fishing 
activity has typically started in May, and there is a clear need to 
establish measures to constrain fishing mortality on the stock in the 
Greater Atlantic Region, it would be potentially harmful to the long-
term sustainability of resource to further delay implementation of 
these measures through notice-and-comment rulemaking. Given the South 
Atlantic Council's concerns about the status of the blueline tilefish 
stock, any additional unregulated harvests could increase the risk of 
overfishing during the current fishing year. Public comments will be 
accepted on this final temporary rule, and there will be multiple 
opportunities for public participation and notice-and-comment 
rulemaking as the Mid-Atlantic and South Atlantic Councils develop a 
long-term management plans for blueline tilefish in the Greater 
Atlantic Region.
    Additionally, the AA finds good cause to waive the requirement for 
a 30-day delay in effectiveness pursuant to section 553(d) of the 
Administrative Procedure Act. For the reasons described above, delaying 
the effectiveness of these regulations could undermine the purpose of 
this emergency action, to put in place measures to reduce catch during 
the 2015 fishing year as a stop-gap measure while both Councils further 
develop suitable long-term approaches for sustainable harvest of 
blueline tilefish.
    This action is being taken pursuant to the emergency provision of 
the

[[Page 31866]]

Magnuson-Stevens Act and is exempt from OMB review.
    This rule is exempt from the otherwise applicable requirement of 
the Regulatory Flexibility Act to prepare a regulatory flexibility 
analysis because the rule is issued without opportunity for prior 
public comment.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: May 28, 2015.
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. Section 648.2 is amended as follows:
0
a. Add in alphabetical order a definition for ``Blueline tilefish,'' 
and
0
b. Revise the definition of ``Tilefish.''
    The addition and revision read as follows:


Sec.  648.2  Definitions.

* * * * *
    Blueline tilefish means Caulolatilus microps.
* * * * *
    Tilefish means golden tilefish, Lopholatilus chamaeleonticeps, 
unless otherwise specified.
* * * * *
0
3. In Sec.  648.4, paragraph (a)(12)(ii) is added to read as follows:


Sec.  648.4  Vessel permits.

* * * * *
    (a) * * *
    (12) * * *
    (ii) Blueline tilefish vessels--(A) Commercial. Any vessel of the 
United States must have been issued and have on board a valid Federal 
commercial tilefish permit to fish for, catch, possess, transport, 
land, sell, trade, or barter, any blueline tilefish in excess of the 
recreational possession limit as specified under Sec.  648.298(c) from 
the EEZ portion of the area defined at Sec.  648.298(a).
    (B) Party and charter vessel permits. Any party or charter vessel 
must have been issued, under this part, a Federal Charter/Party 
tilefish vessel permit to fish for blueline tilefish in the EEZ portion 
of the area defined at Sec.  648.298(a), if it carries passengers for 
hire. Any person onboard such a vessel must observe the recreational 
possession limit as specified at Sec.  648.298(c) and the prohibition 
on sale in Sec.  648.14(w)(1)(ii).
* * * * *
0
4. In Sec.  648.5, add paragraph (a)(1) and reserved paragraph (a)(2) 
to read as follows:


Sec.  648.5  Operator permits.

    (a) * * *
    (1) The operator permit provisions outlined in Sec.  648.5(a) 
pertaining to operator permit requirements also apply to the operator 
of any vessel fishing for or possessing blueline tilefish harvested in 
or from the EEZ portion of the area defined at Sec.  648.298(a).
    (2) [Reserved]
* * * * *
0
5. In Sec.  648.14, add paragraph (w) to read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (w) Blueline tilefish. It is unlawful for any person owning or 
operating a vessel to do any of the following:
    (1) Permit requirements--(i) Operator permit. Operate a vessel with 
a tilefish permit to fish for or possess blueline tilefish in or from 
the EEZ portion of the area defined at Sec.  648.298(a), unless the 
operator has been issued, and is in possession of, a valid operator 
permit.
    (ii) Vessel permit. Fish for, catch, possess, transport, land, 
sell, trade, or barter any blueline tilefish for a commercial purpose, 
other than solely for transport on land, unless the vessel has been 
issued a tilefish permit, or unless the blueline tilefish were 
harvested by a vessel without a tilefish permit that fished exclusively 
in State waters.
    (2) Possession and landing. (i) Fish for, possess, retain, or land 
blueline tilefish, unless:
    (A) The blueline tilefish are being fished for or were harvested in 
or from the EEZ portion of the area defined at Sec.  648.298(a) by a 
vessel holding a valid tilefish permit under this part, and the 
operator on board such vessel has been issued an operator permit that 
is on board the vessel.
    (B) The blueline tilefish were harvested by a vessel that has not 
been issued a tilefish permit and that was fishing exclusively in State 
waters.
    (C) The blueline tilefish are being fished for or were harvested in 
or from the EEZ portion of the area defined at Sec.  648.298(a) in 
accordance with the possession limits specified at Sec.  648.298(b) or 
(c).
    (3) Fish for or possess blueline tilefish inside and outside of the 
EEZ portion of the area defined at Sec.  648.298(a) on the same trip.
    (4) Transfer and purchase. (i) Purchase, possess, or receive for a 
commercial purpose, other than solely for transport on land; or attempt 
to purchase, possess, or receive for a commercial purpose, other than 
solely for transport on land; blueline tilefish caught by a vessel 
without a tilefish permit, unless the blueline tilefish were harvested 
by a vessel without a tilefish permit that fished exclusively in State 
waters.
    (5) Presumption. For purposes of this part, the following 
presumption applies: All blueline tilefish retained or possessed on a 
vessel issued any permit under Sec.  648.4 are deemed to have been 
harvested in or from the EEZ portion of the area defined at Sec.  
648.298(a), unless the preponderance of all submitted evidence 
demonstrates that such tilefish were harvested by a vessel fishing 
exclusively in State waters.
0
6. Add Sec.  648.298 to read as follows:


Sec.  648.298  Blueline tilefish management measures.

    (a) Management unit. The regulations in this paragraph apply to 
vessels or operators of vessels fishing for blueline tilefish in the 
area of the Atlantic Ocean from the latitude of the VA and NC border 
(36[deg] 33' 01.0'' N. Lat.), extending eastward from the shore to the 
outer boundary of the EEZ and northward to the United States-Canada 
border.
    (b) Commercial possession limit. A vessel or operator of a vessel 
that has been issued a valid Federal commercial tilefish permit under 
this part may fish for, possess, and/or land up to 300 lb (136 kg) 
whole weight of blueline tilefish per trip from the area defined in 
this section.
    (c) Recreational possession limit. Any person fishing on a vessel 
who is not fishing under a commercial tilefish vessel permit issued 
pursuant to Sec.  648.4(a)(12), may land up to seven blueline tilefish 
per trip from the area defined in this section.

[FR Doc. 2015-13407 Filed 6-3-15; 8:45 am]
 BILLING CODE 3510-22-P