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)

Page Range		77312-77313
FR Document		2015-31364

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 Issue 239 (Monday, December 14, 2015)

[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

77312 Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Proposed Rules

discontinuance proceedings by a date address these situations; therefore, we however, the Board must consider
certain? ask parties for ideas on how the whether a proposed rule would have a
• Should the Board require potential regulations could be modified to do so. significant economic impact on a
offerors to make a financial In particular, we ask parties to comment substantial number of small entities.
responsibility showing before requiring on the following: ‘‘Small entities’’ include small
carriers to provide financial information • Should the Board require that an businesses, not-for-profit organizations
to those offerors? offeror address whether there is a that are independently owned and
• Should the definition of financial commercial need for rail service as operated and are not dominant in their
responsibility include the ability, based demonstrated by support from shippers fields, and governmental jurisdictions
on the price reflected in an offer of or receivers on the line or through other with populations under 50,000. If
financial assistance, to purchase and evidence of immediate and significant adoption of any rule likely to result
operate for at least two years a line commercial need; whether there is from this ANPRM could have a
being abandoned or to subsidize for one community support for rail service; and significant economic impact on a small
year service being abandoned or whether rail service is operationally entity within the meaning of the RFA,
discontinued? feasible? commenters should submit as part of
• Should the Board alter the process • Should the Board establish criteria their comments an explanation of how
for carriers to provide required financial and deadlines for carriers that want to the business or organization falls within
information to potential offerors, and if file requests for exemptions from the the definition of a small entity, and how
so, how? OFA process? and to what extent the commenter’s
• Should the Board require potential
Identity of the Offeror business or organization could be
offerors to make an ‘‘earnest money’’
affected. Following review of the
payment or escrow payment, or to Another issue the Board has comments received in response to this
obtain a bond? Key considerations encountered in OFA proceedings is ANPRM, if the Board promulgates a
include: Whether the payment or bond confusion over the identity of the notice of proposed rulemaking regarding
amount would be a fixed figure or potential offeror. See CSX Transp. this matter, it will conduct the requisite
established on a case by case basis; what Inc.—Aban. Exemption—in Allegany analysis under the RFA.
method would be used in calculating or Cty., Md., AB 55 (Sub-No. 659X), slip It is ordered:
fixing the amount; when in the process op. at 1 n.2 (STB served April 24, 2008) 1. Initial comments are due by
an offeror would need to make a (describing confusion over proper name February 12, 2016.
payment or obtain a bond; and whether and existence of entity that filed OFA in 2. Reply comments are due by March
(and under what circumstances) a 2005 but may not have been a legal 14, 2016.
waiver of such a requirement would be entity until 2007 or the correct legal 3. This decision is effective on its date
appropriate. entity to receive deed for rail line). In of service.
• Should the Board prohibit OFA order to avoid such confusion in future
filings by individuals or entities that By the Board, Chairman Elliott, Vice
proceedings, we ask the parties to Chairman Begeman, and Commissioner
have abused the Board’s processes or comment on the following: Miller.
engaged in other deceitful or abusive • Should the Board require multiple Kenyatta Clay,
behavior before the Board, and if so, parties intending to submit a joint OFA
what standards should the Board Clearance Clerk.
to do so through a single legal entity,
establish in making a prohibition [FR Doc. 2015–31347 Filed 12–11–15; 8:45 am]
such as a corporation or partnership, to
determination? facilitate the financial responsibility BILLING CODE 4915–01–P

Continuation of Rail Service determination and to clarify the party
acquiring the common carrier
The Board has also adjudicated cases obligation? DEPARTMENT OF COMMERCE
in which there has been controversy as • Should the Board require an
to whether a party seeking to subsidize individual filing an OFA to provide his National Oceanic and Atmospheric
or acquire a line through the OFA or her personal address? Administration
process is doing so based on a genuine • Should the Board require a private
interest in and ability to preserve the legal entity filing an OFA to provide the 50 CFR Part 648
line for rail service. See, e.g., Consol. offeror’s exact legal name, the state [Docket No. 151204999–5999–01]
Rail Corp.—Aban. Exemption—in under whose laws it is organized, and
Hudson Cty., N.J., AB 167 (Sub-No. the address of its principal place of RIN 0648–BF45
1190X), slip op. at 5 (STB served May business?
17, 2010) (exempting line from OFA Because this is an Advanced Notice of Control Date for the Blueline Tilefish
process despite OFA filing because Proposed Rulemaking, the Board may Fishery in Waters North of the Virginia/
offerors failed to show cause that there not act on each item listed above, but North Carolina Border
was a continued need for rail service we seek the public’s comment on these AGENCY: National Marine Fisheries
outweighing other concerns); Roaring ideas, including how they could best be Service (NMFS), National Oceanic and
Fork R.R. Holding Auth.—Aban. implemented, if appropriate. Parties are Atmospheric Administration (NOAA),
Exemption—in Garfield, Eagle, & Pitkin encouraged to be specific in Commerce.
Ctys., Colo., AB 547X (STB served May commenting on these possible changes ACTION: Advance notice of proposed
Lhorne on DSK5TPTVN1PROD with PROPOSALS

21, 1999) (dismissing OFA because the and in presenting ideas for other rulemaking (ANPR); request for
record did not provide ‘‘some assurance possible changes to the OFA process. comments.
that shippers are likely to make use of The requirements of section 603 of the
the line if continued service is made Regulatory Flexibility Act of 1980, 5 SUMMARY: This document announces a
available, and that there is sufficient U.S.C. 601–612, (RFA) do not apply to control date that may limit or restrict
traffic to enable the operator to fulfill its this action because, at this stage, it is an access to the blueline tilefish fishery in
commitment to provide that service’’). ANPRM and not a ‘‘rule’’ as defined in Federal waters north of the Virginia/
The Board’s regulations do not currently section 601 of the RFA. Under the RFA, North Carolina border. This action is

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Document Created: 2015-12-14 13:47:22
Document Modified: 2015-12-14 13:47:22

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		Proposed Rules
Action		Advance notice of proposed rulemaking (ANPR); request for comments.
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.
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.
FR Citation		80 FR 77312
RIN Number		0648-BF45

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

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

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

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration