80 FR 74712 - 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 229 (November 30, 2015)

Page Range		74712-74714
FR Document		2015-30320

This rule extends emergency permitting and possession limit regulations for the blueline tilefish fishery in waters north of the Virginia/North Carolina border that were implemented on June 4, 2015. This extension is necessary to continue to 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 Issue 229 (Monday, November 30, 2015)

[Federal Register Volume 80, Number 229 (Monday, November 30, 2015)]
[Rules and Regulations]
[Pages 74712-74714]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30320]


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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 extended.

-----------------------------------------------------------------------

SUMMARY: This rule extends emergency permitting and possession limit 
regulations for the blueline tilefish fishery in waters north of the 
Virginia/North Carolina border that were implemented on June 4, 2015. 
This extension is necessary to continue to 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: The expiration date of the emergency rule published on June 4, 
2016 (80 FR 31864) is extended through June 3, 2016.

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/.

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

SUPPLEMENTARY INFORMATION: 

Background

    This temporary final rule extends emergency permitting and 
possession limit regulations for the blueline tilefish (Caulolatilus 
microps) fishery in the Greater Atlantic Region (i.e., Federal waters 
north of the latitude of the Virginia/North Carolina border) as 
described in the original emergency action that published on June 4, 
2015 (80 FR 31864). The initial temporary rule was implemented in 
response to a request for emergency action from the Mid-Atlantic 
Fishery Management Council. That temporary final rule

[[Page 74713]]

included detailed information on the background, purpose, need, and 
justification to implement these emergency management measures, and 
that information is not repeated here.
    Section 305(c) of the Magnuson-Stevens Act allows for the extension 
of an emergency action, which is otherwise effective for up to 180 
days, for up to another 186 days, provided that certain criteria are 
met: (1) The public has had an opportunity to comment on the emergency 
regulation; and (2) in the case of a Council recommendation for 
emergency action, the Council is actively developing an fishery 
management plan (FMP) amendment or regulations to address the emergency 
on a permanent basis. NMFS accepted public comment on the initial 
emergency measures in the final rule through July 6, 2015; comments and 
responses are summarized below. The Mid-Atlantic and South Atlantic 
Fishery Management Councils are both working on long-term management 
measures for blueline tilefish along the Atlantic coast. The Mid-
Atlantic Council has initiated an amendment to its Golden Tilefish FMP 
to add blueline tilefish fishery management measures to that FMP and 
manage the stock within its jurisdiction. Final action on that 
amendment is expected to occur at the Council's February 2016 meeting 
so that rulemaking may be completed before this temporary extension 
expires. This extension does not change the measures already in place. 
NMFS is not accepting additional public comment on this extension, and 
has determined that all the necessary criteria have been met and, 
therefore, is extending these emergency measures.

Extended Emergency Management Measures

    This temporary final rule extends 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.
    In addition to the efforts being made by the Mid-Atlantic Council, 
the South Atlantic Council is considering revisions to its Snapper 
Grouper FMP to modify blueline tilefish management measures that may or 
may not affect the Mid-Atlantic Council's management of this stock. 
Questions remain on potential stock structure of the species throughout 
its distribution and there is considerable uncertainty in the data and 
projections in the most recent benchmark stock assessment that are 
currently being explored. It is expected that the long-term management 
of blueline tilefish fisheries will be improved once these scientific 
and policy issues are resolved. These extended emergency measures will 
continue to protect blueline tilefish in the Greater Atlantic Region 
while allowing the Councils more time to finalize their work.

Comments and Responses

    We received numerous public comments prior to implementation of the 
emergency action, primarily from fishermen who were opposed to overly-
restrictive possession limits on blueline tilefish. Overall, the 
concerns raised in these comments were addressed by the management 
measures that we implemented. We received three comments during the 
original rule's comment period, and these are summarized below.
    Comment 1: One comment was from a North Carolina-based commercial 
fishing organization. The commenter suggested that the blueline 
tilefish possession limits implemented by the rule disproportionately 
impacted commercial fishing vessels while not equally restraining 
recreational fishing vessels.
    Response: According to the analyses in the EA (see ADDRESSES), the 
possession limits implemented by NMFS were expected to have minor 
negative impacts on both commercial and recreational fishing vessels. 
In recent years, only 18 percent of commercial trips landed more than 
500 lb (227 kg) of blueline tilefish, and in 2014, 94 percent of 
landings were derived from only six vessels (out of 81 active vessels). 
Therefore, the commercial possession limit of 300 lb (136 kg) was not 
expected to impact the vast majority of vessels in the fishery, and by 
design, reduces incentives to target blueline tilefish. Similarly, in 
the recreational fishery in recent years, only 12 percent of charter/
party trips landed more than seven fish per person. Therefore, impacts 
on the overall commercial and recreational fisheries were projected to 
be comparable, with little impact on the vast majority of trips.
    Comment 2: One comment from a New Jersey recreational fisherman 
opposed the recreational possession limit, stating it was too 
restrictive.
    Response: As noted in the response above, a minority of 
recreational trips are likely to be affected by the possession limit of 
seven fish per person. The objective of the emergency rule was to 
prevent further expansion of catch on this species, and we believe the 
seven-fish possession limit to be appropriate, and consistent with the 
recommendations of the Council. Additionally, the blueline tilefish 
possession limits do not impact the possession limits of golden 
tilefish or other species.
    Comment 3: One comment was from a recreational fisherman who was 
opposed to a possession limit of one fish per vessel (Alternative 2 in 
the EA).
    Response: NMFS agrees that the possession limits under Alternative 
2 would have been more restrictive, and likely to result in greater 
negative impacts on a higher proportion of fishery participants. NMFS 
chose to implement the possession limit of seven fish per person to 
help constrain fishing effort, while still allowing the fishery to 
continue.

Classification

    The Regional Administrator, Greater Atlantic Region, NMFS, has 
determined that the emergency measures extended by this temporary rule 
are necessary for the conservation and management of the blueline 
tilefish fishery and are consistent with the Magnuson-Stevens Act and 
other applicable law.
    Under 5 U.S.C. 553(d)(1), the Assistant Administrator for Fisheries 
finds good cause to waive the 30-day delayed effectiveness of this 
action. Because the extension of these emergency measures contains 
regulations already in place, it is contrary to public interest to 
allow them to expire. As described more fully in the original emergency 
action (80 FR 31864; June 4, 2015), the reasons justifying promulgation 
of the rule on an emergency basis make a delay in effectiveness 
contrary to the public interest. The possession limits implemented for 
recreational and commercial blueline tilefish vessels fishing in 
Federal waters north of the Virgina/North Carolina border are needed to 
constrain fishing mortality on the stock that would otherwise be 
unregulated. To provide protection for blueline tilefish, and to allow 
additional

[[Page 74714]]

time for the Council to develop an appropriate long-term solution for 
the management of this stock, expediting these emergency measures is 
necessary.
    This action is being taken pursuant to the emergency provision of 
the 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.

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

    Dated: November 24, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-30320 Filed 11-27-15; 8:45 am]
 BILLING CODE 3510-22-P

74712 Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Rules and Regulations

Amendment 15 modifies stock status PART 622—FISHERIES OF THE DEPARTMENT OF COMMERCE
determination criteria to match the CARIBBEAN, GULF OF MEXICO, AND
biomass-based output of the stock SOUTH ATLANTIC National Oceanic and Atmospheric
synthesis model. These revisions to the Administration
penaeid shrimp stock status criteria are ■ 1. The authority citation for part 622
expected to cause little to no change to continues to read as follows: 50 CFR Part 648
the biological, physical, or ecological [Docket No. 150311250–5474–01]
environments because these changes are Authority: 16 U.S.C. 1801 et seq.
only to the stock status reference points RIN 0648–BE97
■ 2. In § 622.60, revise paragraphs (a)
and therefore will not have a direct and (b) to read as follows:
impact on the actual harvest of penaeid Fisheries of the Northeastern United
shrimp. § 622.60 Adjustment of management States; Blueline Tilefish Fishery;
measures. Secretarial Emergency Action
Comments and Responses
* * * * * AGENCY: National Marine Fisheries
No substantive comments were (a) Gulf penaeid shrimp. For a species Service (NMFS), National Oceanic and
received on either Amendment 15 or the or species group: Reporting and Atmospheric Administration (NOAA),
proposed rule. One comment was Commerce.
monitoring requirements, permitting
received from a Federal agency that requirements, size limits, vessel trip ACTION: Temporary rule; emergency
stated that it had no comment on the action extended.
limits, closed seasons or areas and
proposed rule or on Amendment 15.
reopenings, quotas (including a quota of SUMMARY: This rule extends emergency
Classification zero), MSY (or proxy), OY, management permitting and possession limit
parameters such as overfished and regulations for the blueline tilefish
The Regional Administrator, overfishing definitions, gear restrictions fishery in waters north of the Virginia/
Southeast Region, NMFS has
(ranging from regulation to complete North Carolina border that were
determined that this final rule is
prohibition), gear markings and implemented on June 4, 2015. This
consistent with Amendment 15, the
identification, vessel markings and extension is necessary to continue to
FMP, the Magnuson-Stevens Act, and
identification, allowable biological constrain fishing effort on the blueline
other applicable law. This final rule has
catch (ABC) and ABC control rules, tilefish stock while a long-term
been determined to be not significant for
rebuilding plans, restrictions relative to management plan is developed. The
purposes of Executive Order 12866.
conditions of harvested shrimp rule is expected to reduce fishing
The Magnuson-Stevens Act provides (maintaining shrimp in whole mortality and help ensure the long-term
the statutory basis for this rule. No sustainability of the stock.
condition, use as bait), target effort and
duplicative, overlapping, or conflicting DATES: The expiration date of the
fishing mortality reduction levels,
Federal rules have been identified. In emergency rule published on June 4,
addition, no new reporting, record- bycatch reduction criteria, BRD
certification and decertification criteria, 2016 (80 FR 31864) is extended through
keeping, or other compliance June 3, 2016.
requirements are introduced by this BRD testing protocol and certified BRD
specifications. ADDRESSES: Copies the Environmental
final rule. Assessment and Regulatory Impact
The Chief Counsel for Regulation of (b) Gulf royal red shrimp. Reporting Review (EA/RIR) and other supporting
the Department of Commerce certified and monitoring requirements, documents for this emergency action are
to the Chief Counsel for Advocacy of the permitting requirements, size limits, available from John K. Bullard, Regional
Small Business Administration during vessel trip limits, closed seasons or Administrator, NMFS, Greater Atlantic
the proposed rule stage that this rule areas and reopenings, annual catch Regional Fisheries Office, 55 Great
would not have a significant economic limits (ACLs), annual catch targets Republic Drive, Gloucester, MA, 01930.
impact on a substantial number of small (ACTs), quotas (including a quota of The EA/RIR is also accessible via the
entities. The factual basis for this zero), accountability measures (AMs), Internet at: http://
determination was published in the MSY (or proxy), OY, management www.greateratlantic.fisheries.noaa.gov/.
proposed rule and is not repeated here. parameters such as overfished and FOR FURTHER INFORMATION CONTACT:
No comments were received regarding overfishing definitions, gear restrictions Tobey Curtis, Fishery Policy Analyst,
the certification and NMFS has not (ranging from regulation to complete (978) 281–9273.
received any new information that prohibition), gear markings and SUPPLEMENTARY INFORMATION:
would affect its determination. As a identification, vessel markings and
result, a final regulatory flexibility identification, ABC and ABC control Background
analysis is not required and none was rules, rebuilding plans, and restrictions This temporary final rule extends
prepared. relative to conditions of harvested emergency permitting and possession
List of Subjects in 50 CFR Part 622 shrimp (maintaining shrimp in whole limit regulations for the blueline tilefish
condition, use as bait). (Caulolatilus microps) fishery in the
Fisheries, Fishing, Gulf of Mexico, [FR Doc. 2015–30214 Filed 11–27–15; 8:45 am]
Greater Atlantic Region (i.e., Federal
Shrimp. waters north of the latitude of the
BILLING CODE 3510–22–P
Dated: November 23, 2015. Virginia/North Carolina border) as
jstallworth on DSK7TPTVN1PROD with RULES

Eileen Sobeck,
described in the original emergency
action that published on June 4, 2015
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
(80 FR 31864). The initial temporary
rule was implemented in response to a
For the reasons set out in the request for emergency action from the
preamble, 50 CFR part 622 is amended Mid-Atlantic Fishery Management
as follows: Council. That temporary final rule

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Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Rules and Regulations 74713

included detailed information on the regulations for golden tilefish, or any commercial and recreational fisheries
background, purpose, need, and other species. were projected to be comparable, with
justification to implement these In addition to the efforts being made little impact on the vast majority of
emergency management measures, and by the Mid-Atlantic Council, the South trips.
that information is not repeated here. Atlantic Council is considering Comment 2: One comment from a
Section 305(c) of the Magnuson- revisions to its Snapper Grouper FMP to New Jersey recreational fisherman
Stevens Act allows for the extension of modify blueline tilefish management opposed the recreational possession
an emergency action, which is measures that may or may not affect the limit, stating it was too restrictive.
otherwise effective for up to 180 days, Mid-Atlantic Council’s management of Response: As noted in the response
for up to another 186 days, provided this stock. Questions remain on above, a minority of recreational trips
that certain criteria are met: (1) The potential stock structure of the species are likely to be affected by the
public has had an opportunity to throughout its distribution and there is possession limit of seven fish per
comment on the emergency regulation; considerable uncertainty in the data and person. The objective of the emergency
and (2) in the case of a Council projections in the most recent rule was to prevent further expansion of
recommendation for emergency action, benchmark stock assessment that are catch on this species, and we believe the
the Council is actively developing an currently being explored. It is expected seven-fish possession limit to be
fishery management plan (FMP) that the long-term management of appropriate, and consistent with the
amendment or regulations to address blueline tilefish fisheries will be recommendations of the Council.
the emergency on a permanent basis. improved once these scientific and Additionally, the blueline tilefish
NMFS accepted public comment on the policy issues are resolved. These possession limits do not impact the
initial emergency measures in the final extended emergency measures will possession limits of golden tilefish or
rule through July 6, 2015; comments continue to protect blueline tilefish in other species.
and responses are summarized below. the Greater Atlantic Region while Comment 3: One comment was from
The Mid-Atlantic and South Atlantic allowing the Councils more time to a recreational fisherman who was
Fishery Management Councils are both finalize their work. opposed to a possession limit of one fish
working on long-term management per vessel (Alternative 2 in the EA).
Comments and Responses Response: NMFS agrees that the
measures for blueline tilefish along the
Atlantic coast. The Mid-Atlantic We received numerous public possession limits under Alternative 2
Council has initiated an amendment to comments prior to implementation of would have been more restrictive, and
its Golden Tilefish FMP to add blueline the emergency action, primarily from likely to result in greater negative
tilefish fishery management measures to fishermen who were opposed to overly- impacts on a higher proportion of
that FMP and manage the stock within restrictive possession limits on blueline fishery participants. NMFS chose to
its jurisdiction. Final action on that tilefish. Overall, the concerns raised in implement the possession limit of seven
amendment is expected to occur at the these comments were addressed by the fish per person to help constrain fishing
Council’s February 2016 meeting so that management measures that we effort, while still allowing the fishery to
rulemaking may be completed before implemented. We received three continue.
this temporary extension expires. This comments during the original rule’s
comment period, and these are Classification
extension does not change the measures
already in place. NMFS is not accepting summarized below. The Regional Administrator, Greater
additional public comment on this Comment 1: One comment was from Atlantic Region, NMFS, has determined
extension, and has determined that all a North Carolina-based commercial that the emergency measures extended
the necessary criteria have been met fishing organization. The commenter by this temporary rule are necessary for
and, therefore, is extending these suggested that the blueline tilefish the conservation and management of the
emergency measures. possession limits implemented by the blueline tilefish fishery and are
rule disproportionately impacted consistent with the Magnuson-Stevens
Extended Emergency Management commercial fishing vessels while not Act and other applicable law.
Measures equally restraining recreational fishing Under 5 U.S.C. 553(d)(1), the
This temporary final rule extends the vessels. Assistant Administrator for Fisheries
following management measures for Response: According to the analyses finds good cause to waive the 30-day
blueline tilefish in the Greater Atlantic in the EA (see ADDRESSES), the delayed effectiveness of this action.
Region: possession limits implemented by Because the extension of these
1. A requirement for commercial or NMFS were expected to have minor emergency measures contains
charter/party vessels landing blueline negative impacts on both commercial regulations already in place, it is
tilefish in the Northeast region (i.e., and recreational fishing vessels. In contrary to public interest to allow them
north of the latitude of the Virginia/ recent years, only 18 percent of to expire. As described more fully in the
North Carolina border: 36°33′01.0″ N. commercial trips landed more than 500 original emergency action (80 FR 31864;
latitude) to hold a valid Northeast open lb (227 kg) of blueline tilefish, and in June 4, 2015), the reasons justifying
access golden tilefish commercial or 2014, 94 percent of landings were promulgation of the rule on an
charter/party vessel permit, which are derived from only six vessels (out of 81 emergency basis make a delay in
issued by the Greater Atlantic Regional active vessels). Therefore, the effectiveness contrary to the public
Fisheries Office; commercial possession limit of 300 lb interest. The possession limits
2. A commercial possession limit of (136 kg) was not expected to impact the implemented for recreational and
jstallworth on DSK7TPTVN1PROD with RULES

300 lb (136 kg) whole weight per trip; vast majority of vessels in the fishery, commercial blueline tilefish vessels
and and by design, reduces incentives to fishing in Federal waters north of the
3. A recreational possession limit of target blueline tilefish. Similarly, in the Virgina/North Carolina border are
seven blueline tilefish per person, per recreational fishery in recent years, only needed to constrain fishing mortality on
trip. 12 percent of charter/party trips landed the stock that would otherwise be
None of these management measures more than seven fish per person. unregulated. To provide protection for
modify the existing possession Therefore, impacts on the overall blueline tilefish, and to allow additional

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$74714 Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Rules and Regulations time for the Council to develop an This rule is exempt from the Dated: November 24, 2015. appropriate long-term solution for the otherwise applicable requirement of the Eileen Sobeck, management of this stock, expediting Regulatory Flexibility Act to prepare a Assistant Administrator for Fisheries, these emergency measures is necessary. regulatory flexibility analysis because National Marine Fisheries Service. This action is being taken pursuant to the rule is issued without opportunity [FR Doc. 2015–30320 Filed 11–27–15; 8:45 am] the emergency provision of the for prior public comment. BILLING CODE 3510–22–P Magnuson-Stevens Act and is exempt from OMB review. Authority: 16 U.S.C. 1801 et seq. jstallworth on DSK7TPTVN1PROD with RULES VerDate Sep<11>2014 15:17 Nov 27, 2015 Jkt 238001 PO 00000 Frm 00042 Fmt 4700 Sfmt 9990 E:\FR\FM\30NOR1.SGM 30NOR1$

Document Created: 2018-03-01 11:12:53
Document Modified: 2018-03-01 11:12:53

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary rule; emergency action extended.
Dates		The expiration date of the emergency rule published on June 4, 2016 (80 FR 31864) is extended through June 3, 2016.
Contact		Tobey Curtis, Fishery Policy Analyst, (978) 281-9273.
FR Citation		80 FR 74712
RIN Number		0648-BE97

80 FR 74712 - Fisheries of the Northeastern United States; Blueline Tilefish Fishery; Secretarial Emergency Action

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 229 (November 30, 2015)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration