80 FR 77312 - Control Date for the Blueline Tilefish Fishery in Waters North of the Virginia/North Carolina Border

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 239 (December 14, 2015)

This document announces a control date that may limit or restrict access to the blueline tilefish fishery in Federal waters north of the Virginia/North Carolina border. This action is necessary to inform fishery participants that we are considering future action. We intend for this document to promote awareness of possible future rulemaking, and discourage speculative entry into and/or investment in the Mid-Atlantic blueline tilefish fishery.

[Federal Register Volume 80, Number 239 (Monday, December 14, 2015)]
[Proposed Rules]
[Pages 77312-77313]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31364]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151204999-5999-01]
RIN 0648-BF45


Control Date for the Blueline Tilefish Fishery in Waters North of 
the Virginia/North Carolina Border

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

ACTION: Advance notice of proposed rulemaking (ANPR); request for 
comments.

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SUMMARY: This document announces a control date that may limit or 
restrict access to the blueline tilefish fishery in Federal waters 
north of the Virginia/North Carolina border. This action is

[[Page 77313]]

necessary to inform fishery participants that we are considering future 
action. We intend for this document to promote awareness of possible 
future rulemaking, and discourage speculative entry into and/or 
investment in the Mid-Atlantic blueline tilefish fishery.

DATES: December 14, 2015, is established as the ``control date'' for 
the blueline tilefish fishery, and may be used as a reference date for 
future management measures related to the blueline tilefish fishery in 
Federal waters north of the Virginia/North Carolina border, consistent 
with applicable Federal laws and the Mid-Atlantic Fishery Management 
Council's recommendations. Written comments must be received on or 
before February 12, 2016.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2015-0139 by any of the following methods:
    [ssquf] Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0139, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
    [ssquf] Mail: Submit written comments to John K. Bullard, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930. Mark the outside of the envelope, 
``Comments on Blueline Tilefish Control Date.''
    Instructions: Comments must be submitted by one of the above 
methods to ensure that the comments are received, documented, and 
considered. We may not consider comments sent by any other method, to 
any other address or individual, or received after the end of the 
comment period. 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.) submitted voluntarily by the sender will be publicly 
accessible. Do not submit confidential business information, or 
otherwise sensitive or protected information. We will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst, 
NMFS, 978-281-9341, or Christopher M. Moore, Ph.D., Executive Director, 
Mid-Atlantic Fishery Management Council, 302-526-5255.

SUPPLEMENTARY INFORMATION: The fishery for blueline tilefish 
(Caulolatilus microps), also known as grey tilefish, in Federal waters 
north of the Virginia/North Carolina border has, until earlier this 
year, been unregulated, and historically had very low landings. 
Landings have increased in recent years. The fishery south of this line 
is managed by the South Atlantic Fishery Management Council as part of 
the Snapper-Grouper Fishery Management Plan (FMP).
    In 2014, new restrictions on harvest in the South Atlantic led to a 
rapid, 20-fold increase in unregulated landings of blueline tilefish 
caught north of the Virginia/North Carolina border. This spike in 
landings prompted the Mid-Atlantic Fishery Management Council to 
request that we take emergency action to prevent long-term harm to the 
stock. On June 4, 2015, we published an emergency rule (80 FR 31864) to 
temporarily restrict harvest of this species in the Mid-Atlantic. 
Subsequently, the Mid-Atlantic Council initiated an amendment to the 
Golden Tilefish FMP to establish management measures for blueline 
tilefish within its jurisdiction with the intention of having new 
management measures in place before NMFS's emergency rule authority 
would expire. This would avoid a return to an unregulated fishery.
    Due to the limited time to implement new management measures, the 
Mid-Atlantic Council is not considering a limited access program in the 
current FMP amendment under development. However, the Mid-Atlantic 
Council has expressed interest in potentially developing such a program 
in a future action. At its October 2015 meeting, the Mid-Atlantic 
Council voted to request that we publish a control date in the Federal 
Register that may be used to affect future participation in all sectors 
of the blueline tilefish fishery in Federal waters. The Council's 
discussions clarified that it is the Council's intent that this control 
date apply to all forms of fishing that have caught and landed blueline 
tilefish, including: Commercial fishing vessels; party/charter vessels 
that take recreational anglers for hire; as well as private 
recreational vessels. However, NMFS has no current information that 
could be used to distinguish private angler participation in this 
fishery before and after a control date. Therefore, such a control date 
would not provide meaningful notification or guidance to private 
recreational anglers.
    Therefore, this notification establishes December 14, 2015, as a 
control date for potential use in determining historical or traditional 
participation for the commercial and for-hire recreational sectors of 
the blueline tilefish fishery. Establishing a control date does not 
commit us or the Council to develop any particular management program 
or criteria for participation in this fishery. We may choose a 
different control date or may choose a management program that does not 
make use of such a date. We may also choose to take no further action 
to control entry or access to the blueline tilefish fishery. Any future 
action we take will be pursuant to the Magnuson-Stevens Fishery 
Conservation and Management Act, will be discussed at Council meetings, 
and will have additional Federal rulemaking, including opportunity for 
public comment.
    This notification gives the public notice that interested 
commercial and for-hire blueline tilefish fishery participants should 
locate and preserve records that substantiate and verify their 
participation in the fishery, such as: Dealer purchase slips for 
commercial fishing trips; Fishing Vessel Trip Reports for both 
commercial and party/charter vessels; or any other relevant documents. 
There is no precedent in the Greater Atlantic Region for a limited 
access program that applies to party/charter or private recreational 
vessels. In light of the novelty of this aspect of the Council's 
control date request, we encourage the public to comment on whether 
limited access for party/charter and private recreational anglers is 
needed in the blueline tilefish fishery, and, if so, what sort of 
qualification criteria might be considered by the Council. This 
notification and control date do not impose any legal obligations, 
requirements, or expectation.

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

    Dated: December 8, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2015-31364 Filed 12-11-15; 8:45 am]
 BILLING CODE 3510-22-P