82 FR 29263 - Fisheries of the Northeastern United States; Amendment 6 to the Tilefish Fishery Management Plan

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 123 (June 28, 2017)

Page Range		29263-29273
FR Document		2017-13390

NMFS proposes regulations to implement Amendment 6 to the Tilefish Fishery Management Plan. Amendment 6 was developed by the Mid- Atlantic Fishery Management Council to establish management measures and 2017 harvest limits for the blueline tilefish fishery north of the Virginia/North Carolina border. These changes are intended to propose permanent management measures for this fishery, consistent with requirements of the Magnuson-Stevens Act.

Federal Register, Volume 82 Issue 123 (Wednesday, June 28, 2017)

[Federal Register Volume 82, Number 123 (Wednesday, June 28, 2017)]
[Proposed Rules]
[Pages 29263-29273]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-13390]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 160229161-7558-01]
RIN 0648-BF86

Fisheries of the Northeastern United States; Amendment 6 to the
Tilefish Fishery Management Plan

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement Amendment 6 to the
Tilefish Fishery Management Plan. Amendment 6 was developed by the Mid-
Atlantic Fishery Management Council to establish management measures
and 2017 harvest limits for the blueline tilefish fishery north of the
Virginia/North Carolina border. These changes are intended to propose
permanent management measures for this fishery, consistent with
requirements of the Magnuson-Stevens Act.

DATES: Comments must be received on or before July 28, 2017.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2016-0025,
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-2016-0025, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: John K. Bullard, Regional Administrator, NMFS,
Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive,
Gloucester, MA 01930. Mark the outside of the envelope: ``Comments on
Blueline Tilefish Amendment.''
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 part of the
public record and will generally be posted to www.regulations.gov
without change. All personal identifying information (e.g., name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit confidential business information or
otherwise sensitive or protected information.
NMFS will accept anonymous comments. Attachments to electronic
comments will be accepted via Microsoft Word, Microsoft Excel,
WordPerfect, or Adobe PDF file formats only.
Copies of Amendment 6, and of the draft Environmental Assessment
and preliminary Regulatory Impact Review (EA/RIR), are available from
the Mid-Atlantic Fishery Management Council, 800 North State Street,
Suite 201, Dover, DE 19901. The EA/RIR is also accessible via the
Internet at: www.greateratlantic.fisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst,
978-281-9341.

SUPPLEMENTARY INFORMATION:

Background

This action proposes regulations to implement Amendment 6 to the
Tilefish Fishery Management Plan (FMP). The Mid-Atlantic Fishery
Management Council developed this amendment to establish management
measures for the blueline tilefish fishery in Federal waters north of
the Virginia/North Carolina border, consistent with the requirements of
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). The management measures contained in Amendment 6 are
summarized below, with additional information and analysis are provided
in the Environmental Assessment (EA) (see ADDRESSES).
The blueline tilefish fishery in Federal waters south of the
Virginia/North Carolina border is managed by the South Atlantic Fishery
Management Council as part of its Snapper-Grouper FMP. The fishery in
the Mid-Atlantic has historically been minor and not subject to Federal
management. In 2014, a closure of the blueline tilefish fishery in the
South Atlantic resulted in a significant increase in commercial fishing
effort in the Mid-Atlantic region and a 20-fold increase in blueline
tilefish landings. At the request of the Mid-Atlantic Council, we
implemented emergency management measures in June 2015 (80 FR 31864;
June 4, 2015), to control harvest of blueline tilefish and reduce the
risk of overfishing on this stock. The emergency measures were extended
(80 FR 74712; November 30, 2015) to give the Council time to develop
long-term management measures through Amendment 6. As work on Amendment
6 continued, we implemented additional interim measures (81 FR 39591;
June 17, 2016) to control harvest during the peak fishing season in the
summer and fall of 2016. Those interim measures expired December 14,
2016. Although management measures in Mid-Atlantic Federal waters
lapsed, harvest of blueline tilefish in this region is still restricted
by regulations implemented by several Mid-Atlantic states. Amendment 6
proposes to establish mechanisms and measures to ensure ongoing and
consistent management of the blueline tilefish fishery in Federal
waters north of the Virginia/North Carolina border.

Proposed Management Unit, FMP Objectives, Status Determination Criteria

We are proposing the Council's recommendation of a management unit
for blueline tilefish encompassing the U.S. Exclusive Economic Zone
(EEZ) from the North Carolina/Virginia border (36.550278 N Latitude)
extending north to the maritime boundary with Canada.

[[Page 29264]]

This management unit is consistent with the Council's existing
management unit for golden tilefish.
The Council chose to adopt the management objectives of the current
Tilefish FMP to also apply for blueline tilefish, with the addition
that ``management will reflect blueline tilefish's susceptibility of
overfishing and the need of an analytical stock assessment.'' The
management objectives of the Tilefish FMP, as most recently updated by
Amendment 1 (74 FR 42580; August 24, 2009), are: (1) Prevent
overfishing and rebuild the resource to the biomass that would support
maximum sustainable yield (MSY); (2) prevent overcapitalization and
limit new entrants; (3) identify and describe essential tilefish
habitat; and (4) collect necessary data to develop, monitor, and assess
biological, economic, and social impacts of management measures
designed to prevent overfishing and to reduce bycatch of tilefish in
all fisheries.
Section 303(a)(10) of the Magnuson-Stevens Act requires FMPs
specify criteria for identifying when the fishery is overfished.
Through Amendment 6, the Council has recommended to define stock status
determination criteria for blueline tilefish based on the results of
the most recent approved stock assessment, consistent with stocks
managed under all of the Council's other FMPs. The Council's Scientific
and Statistical Committee (SSC) determined the most recent stock
assessment for blueline tilefish in the South Atlantic (SEDAR 32) does
not adequately assess the Mid-Atlantic population. Therefore, the SEDAR
32 assessment does not provide a basis for directly specifying stock
status determination criteria, including an overfished definition, at
this time. The Council is recommending accountability measures in this
amendment that rely on a biomass (B) threshold to determine when the
stock is overfished. The recommended accountability measure considers
the blueline tilefish stock to be overfished when the ratio of B/
BMSY is less than 0.5. Until new criteria are available, we
propose to accept this definition to fulfill the overfished definition
requirement outlined in the Magnuson-Stevens Act. The Council
anticipates new stock status determination criteria will be established
through a stock assessment currently being jointly conducted by the
South Atlantic and Mid-Atlantic Fishery Management Councils through the
SouthEast Data, Assessment, and Review process (SEDAR 50). The
assessment is due to be completed in August 2017.
The Magnuson-Stevens Act also requires all FMPs contain measures
which are ``necessary and appropriate for the conservation and
management of the fishery to prevent overfishing.'' The Council's
analysis in Amendment 6 indicates that there is insufficient scientific
information currently available to establish a quantitative overfishing
limit for the blueline tilefish population in the Mid-Atlantic.
Analysis conducted by the Council's SSC found that constraining catch
of Mid-Atlantic blueline tilefish to the recommended Acceptable
Biological Catch (ABC) of 87,031 lb (39,476 kg) would be unlikely to
result in overfishing. Because this harvest limit is set at a level
sufficient to prevent overfishing, we proposed that it is consistent
with the Magnuson-Stevens Act requirement at 303(a)(1)(A).

Proposed Permitting and Reporting Requirements

We are proposing the following permitting and reporting
requirements recommended by the Council as part of Amendment 6.

Commercial Vessels

A commercial fishing vessel would be required to be issued an open-
access tilefish commercial vessel permit in order to retain and land
blueline tilefish. This is the same vessel permit that is already used
for vessels fishing for golden tilefish, and vessel owners and
operators would be subject to the current requirements to have an
operator permit and to maintain and submit Vessel Trip Reports (VTRs)
for each fishing trip.

For-Hire Vessels

Fishing vessels that carry recreational anglers for hire would be
required to have an open-access tilefish charter/party vessel permit in
order to fish for, retain, or land blueline tilefish. This is the same
vessel permit that is already used for charter and party vessels that
fish for golden tilefish, and vessel owners and operators would be
subject to the current requirements to have an operator permit and to
maintain and submit Vessel Trip Reports (VTRs) for each fishing trip.

Commercial Dealers

A commercial seafood dealer must have a tilefish dealer permit in
order to purchase, possess, or receive blueline tilefish harvested from
the Tilefish Management Unit. This is the same dealer permit already in
use for dealers of golden tilefish in the region.
Details about permit requirements for commercial fishing vessels,
party/charter vessels, vessel operators, and commercial dealers,
including application forms, are available at:
www.greateratlantic.fisheries.noaa.gov/aps/permits/index.html.

Private Recreational Vessels

We propose to require private recreational anglers or vessels
obtain a fishing permit to fish for or retain golden or blueline
tilefish in the Tilefish Management Unit. However, additional
development work is necessary before we can issue recreational tilefish
permits or require private anglers to start reporting their catch.
Potential factors being considered include: Whether to issue permits to
individuals or vessels; whether to create a new recreational permit or
create a new endorsement within the existing Highly Migratory Species
permitting system; whether catch reporting should include all fish
caught on a trip or just golden and blueline tilefish; and whether to
develop a dedicated application for smartphones and tablets to report
catch or use a web browser-based report.
While this proposed rule does not include specific regulatory text
to propose the specifics of a private angler/vessel permit and
reporting system, we are generally proposing these measures for
approval, and seek public comment on the issues mentioned above. If
generally approved as part of Amendment 6, the specific permitting and
reporting measures for private recreational anglers/vessels fishing for
tilefish will be proposed at a later date with additional opportunity
for public comment, consistent with requirements of the Administrative
Procedure Act.

Proposed Possession Limits and Fishing Season

Commercial

Commercial vessels would be limited to a maximum possession of 300
lb (136 kg) of blueline tilefish per trip. Blueline tilefish could be
gutted, but must to be landed with the head and fins naturally
attached.

Recreational

The proposed recreational blueline tilefish possession limit would
depend on the type of vessel used. Anglers fishing from private vessels
would be 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 Tilefish Charter/Party Permit, but does not have a current U.S.
Coast Guard safety inspection sticker could retain up to five blueline
tilefish per person per trip. Finally, anglers on for-hire vessels that

[[Page 29265]]

have both a valid Tilefish Charter/Party Permit and a current U.S.
Coast Guard safety inspection sticker could retain up to seven blueline
tilefish per person per trip.
The recreational fishery for blueline tilefish would be open from
May 1 through October 31, annually. Recreational anglers would be
prohibited from fishing for or possessing blueline tilefish outside of
this season.

Proposed ABC Risk Policy, Annual Catch Limit Process, and Sector
Allocations

Section 303(a)(15) of the Magnuson-Stevens Act requires FMPs to
establish a mechanism for specifying annual catch limits (ACLs),
implementing regulations, or annual specifications to prevent
overfishing. In addition, the Act requires the Council's SSC to provide
it with ongoing scientific advice, including recommendations for ABC
(see MSA 302(g)(1)(B)).
Through Amendment 6, the Council opted to apply the same ABC
control rules and risk policy it uses for other stocks it manages,
described in the regulations at 50 CFR 648.20 and 648.21, respectively.
The ACL process proposed for blueline tilefish under Amendment 6
would be consistent with the specifications-setting process for other
stocks managed by the Council. The Council's SSC would review the
available scientific information, the ABC control rule, and other
relevant information before making ABC recommendations to the Council
for up to 3 years. The recommendations of the SSC would be reviewed by
the existing Tilefish Monitoring Committee, which would provide
recommendations to the Council and/or relevant committee to ensure the
blueline tilefish specifications are not exceeded and to address any
other operational aspects of the fishery. To establish specific harvest
limits, the recommended ABC would be allocated, as described below, to
establish separate ACLs for the commercial and recreational sectors of
the fishery. These ACLs may be reduced to account for management
uncertainty to establish Annual Catch Targets (ACTs). Finally,
anticipated discards would be subtracted to determine the total
allowable landings (TAL) amount for each sector. The Council would
develop other management measures (seasons, trip limits, etc. as
described above) that would be expected to meet the TAL and not exceed
the ACL. If the Council re-establishes a research set-aside program, up
to 3 percent of the TAL could be set aside in such a program.
The Council used available catch records, including recreational
catches reconstructed through a Council workshop through an iterative
Delphi technique approach, to analyze options for allocating the
allowable catch between the recreational and commercial sectors of the
fishery. The Council opted to use the median catch percentages from
2009-2013. As a result, we are proposing the Amendment 6 recommended
allocation of 73 percent of the annual catch to the recreational
fishery and 27 percent to the commercial fishery.

Proposed 2017 Specifications

Table 1 outlines proposed catch limits for blueline tilefish for
the 2017 fishing year. We would count landings of blueline tilefish in
or from the Tilefish Management Unit that have already occurred in 2017
against these limits when determining if a harvest limit has been met
or exceeded.

Table 1--Proposed Blueline Tilefish Specifications
----------------------------------------------------------------------------------------------------------------
Specification Recreational Commercial
----------------------------------------------------------------------------------------------------------------
ABC.............................. 87,031 lb (39,476 kg).
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ACLs............................. 63,533 lb (28,818 kg)................. 23,498 lb (10,658 kg).
ACTs............................. 63,533 lb (28,818 kg)................. 23,498 lb (10,658 kg).
TALs............................. 62,262 lb (28,242 kg)................. 23,263 lb (10,552 kg).
----------------------------------------------------------------------------------------------------------------

Proposed Accountability Measures

The Magnuson-Stevens Act requires that FMPs include measures to
ensure accountability with ACLs, and NMFS has created guidelines for
how management measures might meet this requirement (see Sec.
600.310(g)). We propose different accountability measures (AMs) to
address the particular needs of the commercial and recreational sectors
of the fishery.
Commercial blueline tilefish landings would be monitored during the
fishing year based on dealer reports and other available information.
If we determine the commercial TAL will be exceeded, we would close the
commercial blueline tilefish fishery, prohibiting possession or landing
blueline tilefish for sale for the remainder of the fishing year,
through publication of a notice in the Federal Register. If the
commercial catch of blueline tilefish exceeds the ACL, we would deduct
the amount of the overage from the commercial ACL the following year.
Catch data for the recreational fishery is much more uncertain than
for the commercial fishery. We propose comparing a 3-year moving
average of recreational catch to the 3-year average of the recreational
ACL to determine whether the ACL has been exceeded and accountability
measures for the recreational fishery are warranted. This would be
phased in so that catch in 2017 would be compared to the 2017 ACL, and
next year the average catch in 2017 and 2018 would be compared to the
average ACL in 2017 and 2018. In subsequent years we would use 3-year
moving averages. If this comparison shows the recreational ACL was
exceeded, then the extent of the accountability measure would depend on
the status of the stock and the significance of the overage.
If the most recent estimate of biomass is below the BMSY
threshold (i.e., the stock is overfished), the stock is under a
rebuilding plan, or the biological reference points are unknown, and
the recreational ACL has been exceeded, then in the following fishing
year the recreational ACT would be reduced by the exact amount, in
pounds, by which the most recent year's recreational catch estimate
exceeded the most recent year's recreational ACL. Changes to management
measures would also be considered through the specifications process to
avoid future overages. If the most recent estimate of biomass is above
BMSY (i.e., the stock is above the biomass target), then
adjustments to the recreational management measures would be made in
the following fishing year, but a reduction in the recreational ACT
would not be necessary. If the stock biomass is between these extremes,
the accountability measures would be scaled.
If the most recent estimate of biomass is above the biomass
threshold, but

[[Page 29266]]

below the biomass target (B/BMSY is greater than 0.5 but
less than 1.0), and the stock is not under a rebuilding plan, then the
severity of the payback would depend on the significance of the
overage. If the recreational ACL was exceeded but the overall ABC was
not, then adjustments to the recreational management measures would be
made in the following fishing year, but a reduction in the recreational
ACT would not be necessary. If the ABC was exceeded, in addition to
adjusting the recreational management measures, a deduction from the
recreational ACT would be made in the following fishing year. The size
of the deduction would be proportional to the health of the stock. The
ACT would be reduced by the amount of the overage (in pounds)
multiplied by a payback coefficient. The payback coefficient would be
the difference between the most recent estimate of biomass and
BMSY (i.e., BMSY-B) divided by one-half of
BMSY. This coefficient allows for a smaller deduction if the
stock is close to the biomass target and a larger deduction the more
the stock is below the target.

Proposed Essential Fish Habitat (EFH)

The Council recommends, and we propose to approve, the following
EFH definition for different life stages of blueline tilefish based on
the best available scientific information:
Eggs and larvae: Blueline tilefish egg and larval EFH in the
Greater Atlantic region is the water column on the outer continental
shelf from eastern Georges Bank to the Virginia/North Carolina boundary
in depths of 46-256 m (151-840 ft).
Juveniles and adults: Blueline tilefish juvenile and adult EFH in
the Greater Atlantic region is benthic habitats on the outer
continental shelf from eastern Georges Bank to the Virginia/North
Carolina boundary in depths of 46-256 m (151-840 ft) at bottom water
temperatures which range from 8-18 [deg]C (46-64[emsp14] [deg]F).
Blueline tilefish create horizontal or vertical burrows in sediments
composed of silt, clay, and sand.
The Council is currently conducting a comprehensive review of EFH
designations and fishery impacts on habitat for all Council-managed
species, including blueline tilefish. The EFH Review Fishery Management
Action Team will review scientific and technical information on fish
habitat and develop recommendations as to whether changes to the
existing EFH descriptions and other habitat components of the FMPs are
warranted. Based on this review, the Council may choose to modify its
FMPs (e.g., revise EFH descriptions, designate Habitat Areas of
Particular Concern, or implement other habitat management measures).

Proposed Framework Adjustment Measures

Framework adjustments allow the Council to make changes to
management measures that were previously considered in the FMP or FMP
amendment through a more efficient process than a full FMP amendment.
The Council recommends that actions currently able to be changed by a
framework adjustment for golden tilefish could also be changed for
blueline tilefish. In addition, changes to the blueline tilefish
recreational/commercial allocations within the ranges previously
considered by this action, could also be made through a framework
adjustment. We propose the blueline tilefish management measures that
could be changed by framework adjustment would be:
Minimum fish size;
Minimum hook size;
Closed seasons;
Closed areas;
Gear restrictions or prohibitions;
Permitting restrictions;
Gear limits;
Trip limits;
Adjustments within existing ABC control rule levels;
Adjustments to the existing Council risk policy;
Introduction of new AMs, including sub ACTs;
Annual specification quota setting process;
Tilefish FMP Monitoring Committee composition and process;
Description and identification of EFH;
Fishing gear management measures that impact EFH;
Habitat areas of particular concern;
Set-aside quotas for scientific research;
Changes, as appropriate, to the standardized bycatch
reporting methodology, including the coefficient of variation-based
performance standard, the means by which discard data are collected/
obtained, fishery stratification, the process for prioritizing observer
sea-day allocations, reports, and/or industry-funded observers or
observer set aside programs;
Recreational management measures, including the bag limit,
minimum fish size limit, seasons, and gear restrictions or
prohibitions;
Blueline tilefish recreational permitting and reporting
requirements previously considered by the Council; and
Blueline tilefish allocations between the commercial and
recreational sectors of the fishery within the range of allocation
alternatives considered by the Council in Amendment 6.
Measures that require significant departures from previously
contemplated measures or that are otherwise introducing new concepts
may require a formal amendment of the FMP instead of a framework
adjustment.
Pursuant to section 303(c) of the Magnuson-Stevens Act, the Council
has deemed that this proposed rule is necessary and appropriate for the
purpose of implementing Amendment 6 to the Tilefish FMP. After the
Council reviewed the proposed regulations, we decided to propose an
additional regulation at Sec. 648.296(c) to clarify enforcement of the
tilefish recreational possession limits.

Classification

Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Acting Assistant Administrator has determined that this proposed
rule is consistent with the Tilefish FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
This proposed 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 (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The Council prepared an analysis of the potential economic
impacts of the action, which is included in the draft EA for this
action and supplemented by information contained in the preamble of
this proposed rule.
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliated operations, whose
primary industry is commercial fishing (see 50 CFR 200.2). A business
primarily engaged in commercial fishing (NAICS code 11411) is
classified as a small business if it is independently owned and
operated, is not dominant in its field of operation (including its
affiliates), and has combined annual receipts not in excess of $11
million for all its affiliated operations worldwide. The SBA has
established size standards for all other major industry sectors in the
U.S., including that for-hire fishing firms (NAICS code 487210) with
receipts of up to $7.5 million are

[[Page 29267]]

defined as small, and seafood dealers/wholesalers (NAICS code 424460)
are defined as small if they have fewer than 100 employees. Using these
definitions, there are 4 large and 194 small entities (108 small
commercial harvesting entities, 36 small for-hire entities, and 50
small seafood dealers) that reported catching or purchasing blueline
tilefish during 2013-2015.
For the 108 small commercial harvesting entities, their total
revenues for 2013-2015 averaged $649,948 while their blueline tilefish
revenues averaged $1,826. Revenue data were not available for the 36
small for-hire entities. However, during 2013-2015 the annual total
number of fish kept by anglers on these vessels averaged 107,645 fish
while the blueline tilefish kept averaged 560 fish. The 50 Federal
dealers with blueline tilefish records averaged total annual purchases
of $4.6 million during 2013-2015, while their average blueline tilefish
purchases were just $9,543.
Given the low number of small entities involved in the blueline
tilefish fishery, and the small proportion of revenues/fish represented
by blueline tilefish for these small entities, this action will not
have a ``significant economic impact on a substantial number of small
entities'' even if short term revenues are negatively affected for some
entities. In addition, the proposed measures would not eliminate but
only reduce fishing for blueline tilefish, and vessels and dealers
would likely seek and be able to find ways to mitigate any possible
revenue reductions related to restrictions on catch of blueline
tilefish. As a result, an initial regulatory flexibility analysis is
not required and none has been prepared.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: June 21, 2017.
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
proposed to be 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. In Sec. 648.1, revise paragraph (a) to read as follows:

Sec. 648.1 Purpose and scope.

(a) This part implements the fishery management plans (FMPs) for
the Atlantic mackerel, squid, and butterfish fisheries (Atlantic
Mackerel, Squid, and Butterfish FMP); Atlantic salmon (Atlantic Salmon
FMP); the Atlantic sea scallop fishery (Scallop FMP); the Atlantic
surfclam and ocean quahog fisheries (Atlantic Surfclam and Ocean Quahog
FMP); the NE multispecies and monkfish fisheries ((NE Multispecies FMP)
and (Monkfish FMP)); the summer flounder, scup, and black sea bass
fisheries (Summer Flounder, Scup, and Black Sea Bass FMP); the Atlantic
bluefish fishery (Atlantic Bluefish FMP); the Atlantic herring fishery
(Atlantic Herring FMP); the spiny dogfish fishery (Spiny Dogfish FMP);
the Atlantic deep-sea red crab fishery (Deep-Sea Red Crab FMP); the
golden and blueline tilefish fisheries (Tilefish FMP); and the NE skate
complex fisheries (Skate FMP). These FMPs and the regulations in this
part govern the conservation and management of the above named
fisheries of the Northeastern United States.
* * * * *
0
3. Section 648.2 is amended as follows:
0
a. Add definition ``Blueline tilefish,''
0
b. Revise definition for paragraph 4, ``Fishing year,''
0
c. Add definition ``Golden tilefish,''
0
d. Revise definition for paragraph 2, ``Lessee,''
0
e. Revise definition for paragraph 2, ``Lessor,''
0
f. Revise definition ``Tilefish,''
0
g. Revise definition ``Tilefish FMP Monitoring Committee,'' and
0
h. Revise definition ``Tilefish Management Unit.''

Sec. 648.2 Definitions.

* * * * *
Blueline tilefish means Caulolatilus microps.
* * * * *
Fishing year means:
* * * * *
(4) For the golden tilefish fishery, from November 1 through
October 31 of the following year.
* * * * *
Golden tilefish means Lopholatilus chamaeleonticeps.
* * * * *
Lessee means:
* * * * *
(2) A person or entity eligible to hold golden tilefish IFQ
allocation, who receives temporarily transferred golden tilefish IFQ
allocation, as specified at Sec. 648.294(e)(1).
Lessor means:
* * * * *
(2) An IFQ allocation permit holder who temporarily transfers
golden tilefish IFQ allocation, as specified at Sec. 648.294(e)(1).
* * * * *
Tilefish means golden tilefish and blueline tilefish, collectively,
unless otherwise noted.
Tilefish FMP Monitoring Committee means a committee made up of
staff representatives of the MAFMC, the NMFS Greater Atlantic Regional
Fisheries Office, the Northeast Fisheries Science Center, up to three
state representatives (the New England states having one representative
and the Mid-Atlantic states having a maximum of two representatives)
and one non-voting industry member. The MAFMC Executive Director or his
designee chairs the committee.
Tilefish Management Unit means an area of the Atlantic Ocean from
the latitude of the VA and NC border (36[deg]33.36' N. Lat.), extending
eastward from the shore to the outer boundary of the exclusive economic
zone and northward to the United States-Canada border in which the
United States exercises exclusive jurisdiction over all golden tilefish
(Lopholatilus chamaeleonticeps) and blueline tilefish (Caulolatilus
microps) fished for, possessed, caught or retained in or from such
area.
* * * * *
0
4. In Sec. 648.4, paragraphs (a)(12)(i), (a)(12)(ii), and (b)(1)(i)
are revised to read as follows:

Sec. 648.4 Vessel permits.

(a) * * *
(12) Tilefish vessels.
(i) Commercial vessel permits. Any vessel of the United States must
have been issued, under this part, and carry on board, a valid
commercial vessel permit to fish for, possess, or land golden tilefish
or blueline tilefish for a commercial purpose, in or from the Tilefish
Management Unit.
(A) A commercial vessel must fish under the authorization of a
golden tilefish IFQ allocation permit, issued pursuant to Sec.
648.294, to possess, or land golden tilefish in excess of the trip
limit as specified under Sec. 648.295(a).
(B) [Reserved]
(ii) Party and charter vessel permits. Any party or charter vessel
must have been issued, under this part, a Federal Charter/Party vessel
permit to fish for either golden tilefish or blueline tilefish in the
Tilefish Management Unit, if it carries passengers for hire. Such
vessel must observe the recreational

[[Page 29268]]

possession limits as specified at Sec. 648.296 and the prohibition on
sale.
* * * * *
(b) Permit conditions. (1)(i) Any person who applies for and is
issued or renews a fishing permit under this section agrees, as a
condition of the permit, that the vessel and the vessel's fishing
activity, catch, and pertinent gear (without regard to whether such
fishing occurs in the EEZ or landward of the EEZ; and without regard to
where such fish or gear are possessed, taken, or landed); are subject
to all requirements of this part, unless exempted from such
requirements under this part. All such fishing activities, catch, and
gear will remain subject to all applicable state requirements. Except
as otherwise provided in this part, if a requirement of this part and a
management measure required by a state or local law differ, any vessel
owner permitted to fish in the EEZ for any species managed under this
part, except tilefish, must comply with the more restrictive
requirement. Except as otherwise provided in this part, if a
requirement of this part and a management measure required by a state
or local law differ, any vessel owner permitted to fish in the tilefish
management unit for tilefish managed under this part must comply with
the more restrictive requirement. Owners and operators of vessels
fishing under the terms of a summer flounder moratorium, scup
moratorium, or black sea bass moratorium; or a spiny dogfish or
bluefish commercial vessel permit, must also agree not to land summer
flounder, scup, black sea bass, spiny dogfish, or bluefish,
respectively, in any state after NMFS has published a notification in
the Federal Register stating that the commercial quota for that state
or period has been harvested and that no commercial quota is available
for the respective species. A state not receiving an allocation of
summer flounder, scup, black sea bass, or bluefish, either directly or
through a coast-wide allocation, is deemed to have no commercial quota
available. Owners and operators of vessels fishing under the terms of
the tilefish commercial permit must agree not to land golden tilefish
or blueline tilefish after NMFS has published a notification in the
Federal Register stating that the respective quota for the golden
tilefish incidental fishery and/or the commercial blueline tilefish
fishery has been harvested, as described in Sec. 648.295, unless
landing golden tilefish authorized under a golden tilefish IFQ
allocation permit. Owners or operators fishing for surfclams and ocean
quahogs within waters under the jurisdiction of any state that requires
cage tags are not subject to any conflicting Federal minimum size or
tagging requirements. If a surfclam and ocean quahog requirement of
this part differs from a surfclam and ocean quahog management measure
required by a state that does not require cage tagging, any vessel
owners or operators permitted to fish in the EEZ for surfclams and
ocean quahogs must comply with the more restrictive requirement while
fishing in state waters. However, surrender of a surfclam and ocean
quahog vessel permit by the owner by certified mail addressed to the
Regional Administrator allows an individual to comply with the less
restrictive state minimum size requirement, as long as fishing is
conducted exclusively within state waters.
* * * * *
0
5. In Sec. 648.5, paragraph (a) is revised to read as follows:

Sec. 648.5 Operator permits.

(a) General. Any operator of a vessel fishing for or possessing:
Atlantic sea scallops, NE multispecies, spiny dogfish, monkfish,
Atlantic herring, Atlantic surfclam, ocean quahog, Atlantic mackerel,
squid, butterfish, scup, black sea bass, or Atlantic bluefish,
harvested in or from the EEZ; golden tilefish or blueline tilefish
harvested in or from the EEZ portion of the Tilefish Management Unit;
skates harvested in or from the EEZ portion of the Skate Management
Unit; or Atlantic deep-sea red crab harvested in or from the EEZ
portion of the Red Crab Management Unit, issued a permit, including
carrier and processing permits, for these species under this part, must
have been issued under this section, and carry on board, a valid
operator permit. An operator's permit issued pursuant to part 622 or
part 697 of this chapter satisfies the permitting requirement of this
section. This requirement does not apply to operators of recreational
vessels.
* * * * *
0
6. In Sec. 648.6, paragraph (a)(1) is revised to read as follows:

Sec. 648.6 Dealer/processor permits.

(a) General. (1) All dealers of NE multispecies, monkfish, skates,
Atlantic herring, Atlantic sea scallop, Atlantic deep-sea red crab,
spiny dogfish, summer flounder, Atlantic surfclam, ocean quahog,
Atlantic mackerel, squid, butterfish, scup, bluefish, golden tilefish,
blueline tilefish, and black sea bass; Atlantic surfclam and ocean
quahog processors; Atlantic hagfish dealers and/or processors, and
Atlantic herring processors or dealers, as described in Sec. 648.2;
must have been issued under this section, and have in their possession,
a valid permit or permits for these species.
* * * * *
0
7. In Sec. 648.14, paragraph (u) is revised to read as follows:

Sec. 648.14 Prohibitions.

* * * * *
(u) Golden and 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, or act as an
operator of, a vessel with a tilefish permit, or a vessel fishing for
or possessing golden or blueline tilefish in or from the Tilefish
Management Unit, unless the operator has been issued, and is in
possession of, a valid operator permit. This requirement does not apply
to operators of private recreational vessels.
(ii) Dealer permit. Purchase, possess, receive for a commercial
purpose; or attempt to purchase, possess, or receive for a commercial
purpose; as a dealer, or in the capacity of a dealer, golden or
blueline tilefish that were harvested in or from the Tilefish
Management Unit, without having been issued, and in possession of, a
valid tilefish dealer permit.
(iii) Vessel permit. (A) Sell, barter, trade, or otherwise transfer
from a vessel; or attempt to sell, barter, trade, or otherwise transfer
from a vessel; for a commercial purpose, other than solely for
transport on land, any golden or blueline tilefish, unless the vessel
has been issued a commercial tilefish permit, or unless the tilefish
were harvested by a vessel without a commercial tilefish permit that
fished exclusively in State waters.
(B) Operate a vessel that takes recreational fishermen for hire to
fish for golden or blueline tilefish in the Tilefish Management Unit
without a valid Tilefish Charter/Party Vessel Permit, as required in
Sec. 648.4(a)(12)(i).
(2) Possession and landing. (i) Fish for, possess, retain, or land
golden or blueline tilefish, unless:
(A) The tilefish are being fished for or were harvested in or from
the Tilefish Management Unit 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 tilefish were harvested by a vessel that has not been
issued a tilefish permit and that was fishing exclusively in State
waters.
(C) The tilefish were harvested in or from the Tilefish Management
Unit by

[[Page 29269]]

a vessel, other than a Charter/Party vessel, that is engaged in
recreational fishing.
(ii) Land or possess golden or blueline tilefish harvested in or
from the Tilefish Management Unit, in excess of either:
(A) The relevant commercial trip limit specified at Sec. 648.295,
unless possessing golden tilefish authorized pursuant to a valid
tilefish IFQ allocation permit, as specified in Sec. 648.294(a).
(B) The relevant recreational possession limit specified at Sec.
648.296, if engaged in recreational fishing including charter/party
vessels.
(iii) Land golden tilefish harvested in or from the Tilefish
Management Unit in excess of that authorized under a tilefish IFQ
allocation permit as described at Sec. 648.294(a).
(iv) Fish for golden or blueline tilefish inside and outside of the
Tilefish Management Unit on the same trip.
(v) Discard golden tilefish harvested in or from the Tilefish
Management Unit, as defined in Sec. 648.2, unless participating in
recreational fishing, as defined in Sec. 648.2, or while fishing
subject to a trip limit pursuant to Sec. 648.295(a).
(vi) Land or possess golden tilefish in or from the Tilefish
Management Unit, on a vessel issued a valid tilefish permit under this
part, after the incidental golden tilefish fishery is closed pursuant
to Sec. 648.295(a)(2), unless fishing under a valid tilefish IFQ
allocation permit as specified in Sec. 648.294(a), or engaged in
recreational fishing.
(vii) Land or possess blueline tilefish in or from the Tilefish
Management Unit, on a vessel issued a valid tilefish permit under this
part, after the commercial blueline tilefish fishery is closed pursuant
to Sec. 648.295(b)(2), unless engaged in recreational fishing.
(viii) Land or possess blueline tilefish in or from the Tilefish
Management Unit, on a vessel issued a valid commercial tilefish permit
under this part, that do not have the head and fins naturally attached
to the fish.
(3) 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; golden or blueline tilefish caught by a
vessel without a tilefish permit, unless the tilefish were harvested by
a vessel without a tilefish permit that fished exclusively in State
waters.
(ii) Purchase or otherwise receive for commercial purposes golden
or blueline tilefish caught in the EEZ from outside the Tilefish
Management Unit unless otherwise permitted under 50 CFR part 622.
(4) Presumption. For purposes of this part, the following
presumption applies: All golden or 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 Tilefish Management Unit, unless the
preponderance of all submitted evidence demonstrates that such tilefish
were harvested by a vessel fishing exclusively in State waters.
* * * * *
0
8. Part 648 Subpart N heading is revised to read as follows:

Subpart N--Management Measures for the Golden Tilefish and Blueline
Tilefish Fisheries

* * * * *
0
9. Section 648.290 is revised to read as follows:

Sec. 648.290 Tilefish Annual Catch Limits (ACL).

(a) Golden tilefish. The Tilefish Monitoring Committee shall
recommend to the MAFMC an ACL for the commercial golden tilefish
fishery, which shall be equal to the ABC recommended by the SSC.
(1) [Reserved]
(2) Periodicity. The tilefish commercial ACL may be established on
an annual basis for up to 3 years at a time, dependent on whether the
SSC provides single or multiple-year ABC recommendations.
(b) Blueline tilefish. The Tilefish Monitoring Committee shall
recommend to the MAFMC separate ACLs for the commercial and
recreational blueline tilefish fisheries, the sum total of which shall
be equal to the ABC recommended by the SSC.
(1) Sector allocations. The ACL for the commercial sector of the
blueline tilefish fishery shall be 27 percent of the ABC, and the ACL
for the recreational sector of the fishery shall be 73 percent of the
ABC.
(2) Periodicity. The blueline tilefish commercial and recreational
ACLs may be established on an annual basis for up to 3 years at a time,
dependent on whether the SSC provides single or multiple-year ABC
recommendations.
(c) Performance review. The Tilefish Monitoring Committee shall
conduct a detailed review of golden tilefish and blueline tilefish
fishery performance relative to the appropriate sector ACLs at least
every 5 years.
(1) If an ACL is exceeded with a frequency greater than 25 percent
(i.e., more than once in 4 years or in any 2 consecutive years), the
Tilefish Monitoring Committee will review fishery performance
information and make recommendations to the MAFMC for changes in
measures intended to ensure ACLs are not as frequently exceeded.
(2) The MAFMC may specify more frequent or more specific ACL
performance review criteria as part of a stock rebuilding plan
following a determination that either the golden tilefish or blueline
tilefish stock has become overfished.
(3) Performance reviews shall not substitute for annual reviews
that occur to ascertain if prior year ACLs have been exceeded, but may
be conducted in conjunction with such reviews.
* * * * *
0
10. Section 648.291 is revised to read as follows:

Sec. 648.291 Tilefish Annual Catch Targets (ACT).

(a) Golden tilefish. The Tilefish Monitoring Committee shall
identify and review the relevant sources of management uncertainty to
recommend an ACT as part of the golden tilefish specification process.
The Tilefish Monitoring Committee recommendations shall identify the
specific sources of management uncertainty that were considered,
technical approaches to mitigating these sources of uncertainty, and
any additional relevant information considered in the ACT
recommendation process.
(1) Sectors. The ACT shall be less than or equal to the ACL. The
Tilefish Monitoring Committee shall include the fishing mortality
associated with the recreational fishery in its ACT recommendations
only if this source of mortality has not already been accounted for in
the ABC recommended by the SSC. The Tilefish Monitoring Committee shall
recommend any reduction in catch necessary to address sector-specific
management uncertainty, consistent with paragraph (a) of this section.
(2) Periodicity. ACTs may be established on an annual basis for up
to 3 years at a time, dependent on whether the SSC provides single or
multiple-year ABC recommendations.
(b) Blueline tilefish. The Tilefish Monitoring Committee shall
identify and review the relevant sources of management uncertainty to
recommend ACTs for the commercial and recreational fishing sectors as
part of the blueline tilefish specification process. The Tilefish
Monitoring Committee recommendations shall identify the specific
sources of management uncertainty that were considered,

[[Page 29270]]

technical approaches to mitigating these sources of uncertainty, and
any additional relevant information considered in the ACT
recommendation process.
(1) Sectors. Commercial and recreational specific ACTs shall be
less than or equal to the sector-specific ACLs. The Tilefish Monitoring
Committee shall recommend any reduction in catch necessary to address
sector-specific management uncertainty, consistent with paragraph (b)
of this section.
(2) Periodicity. ACTs may be established on an annual basis for up
to 3 years at a time, dependent on whether the SSC provides single or
multiple-year ABC recommendations.
(c) Performance review. The Tilefish Monitoring Committee shall
conduct a detailed review of golden tilefish and blueline tilefish
fishery performance relative to the appropriate ACTs in conjunction
with any ACL performance review, as outlined in Sec. 648.290(c)(1)
through (3).
* * * * *
0
11. Section 648.292 is revised to read as follows:

Sec. 648.292 Tilefish specifications.

(a) Golden Tilefish. The golden tilefish fishing year is the 12-
month period beginning with November 1, annually.
(1) Annual specification process. The Tilefish Monitoring Committee
shall review the ABC recommendation of the SSC, golden tilefish
landings and discards information, and any other relevant available
data to determine if the golden tilefish ACL, ACT, or total allowable
landings (TAL) requires modification to respond to any changes to the
golden tilefish stock's biological reference points or to ensure that
the rebuilding schedule is maintained. The Monitoring Committee will
consider whether any additional management measures or revisions to
existing measures are necessary to ensure that the TAL will not be
exceeded. Based on that review, the Monitoring Committee will recommend
golden tilefish ACL, ACT, and TAL to the Tilefish Committee of the
MAFMC. Based on these recommendations and any public comment received,
the Tilefish Committee shall recommend to the MAFMC the appropriate
golden tilefish ACL, ACT, TAL, and other management measures for a
single fishing year or up to 3 years. The MAFMC shall review these
recommendations and any public comments received, and recommend to the
Regional Administrator, at least 120 days prior to the beginning of the
next fishing year, the appropriate golden tilefish ACL, ACT, TAL, the
percentage of TAL allocated to research quota, and any management
measures to ensure that the TAL will not be exceeded, for the next
fishing year, or up to 3 fishing years. The MAFMC's recommendations
must include supporting documentation, as appropriate, concerning the
environmental and economic impacts of the recommendations. The Regional
Administrator shall review these recommendations, and after such
review, NMFS will publish a proposed rule in the Federal Register
specifying the annual golden tilefish ACL, ACT, TAL and any management
measures to ensure that the TAL will not be exceeded for the upcoming
fishing year or years. After considering public comments, NMFS will
publish a final rule in the Federal Register to implement the golden
tilefish ACL, ACT, TAL and any management measures. The previous year's
specifications will remain effective unless revised through the
specification process and/or the research quota process described in
paragraph (a)(5) of this section. NMFS will issue notification in the
Federal Register if the previous year's specifications will not be
changed.
(2) Total Allowable Landings (TAL). (i) The TAL for each fishing
year will be specified pursuant to paragraph (a)(1) of this section.
(ii) The sum of the TAL and the estimated discards shall be less
than or equal to the ACT.
(3) TAL allocation. For each fishing year, up to 3 percent of the
golden tilefish TAL may be set aside for the purpose of funding
research. Once a research amount, if any, is set aside, the golden
tilefish TAL will first be reduced by 5 percent to adjust for the
incidental catch. The remaining TAL will be allocated to the individual
IFQ permit holders as described in Sec. 648.294(a).
(4) Adjustments to the quota. If the incidental harvest exceeds 5
percent of the golden tilefish TAL for a given fishing year, the
incidental trip limit specified at Sec. 648.295(a)(1) may be reduced
in the following fishing year. If an adjustment is required, a
notification of adjustment of the quota will be published in the
Federal Register.
(5) Research quota. See Sec. 648.22(g).
(b) Blueline tilefish. The blueline tilefish fishing year is the
calendar year beginning on January 1, annually.
(1) Recommended measures. Based on annual review, the Tilefish
Monitoring Committee shall recommend to the Tilefish Committee of the
MAFMC measures to ensure that the ACLs specified by the process
outlined in Sec. 648.290(b), including:
(i) Total Allowable Landings (TAL) for both the commercial and
recreational sectors for each fishing year, where the sum of the TAL
and sector-specific estimated discards shall be less than or equal to
the sector ACT;
(ii) Research quota for both the commercial and recreational
sectors set from a range of 0 to 3 percent of the TAL, as described in
paragraph (b)(3) of this section;
(iii) Commercial trip limit;
(iv) Commercial minimum fish size;
(v) Recreational possession limit;
(vi) Recreational minimum fish size;
(vii) Recreational season;
(viii) Retention requirements; and/or
(ix) Any other measure needed to ensure the ACLs are not exceeded.
(2) Annual specification process. The Tilefish Committee of the
MAFMC shall review the recommendations of the Tilefish Monitoring
Committee. Based on these recommendations and any public comment
received, the Tilefish Committee shall recommend to the MAFMC the
appropriate ACL, ACT, TAL, and other management measures for the
blueline tilefish commercial and recreational sectors for a single
fishing year or up to 3 years. The MAFMC shall review these
recommendations and any public comments received, and recommend to the
Regional Administrator, at least 120 days prior to the beginning of the
next fishing year, the appropriate blueline tilefish ACLs, ACTs, TALs,
the percentage of TAL allocated to research quota, and any management
measures to ensure that the sector ACLs will not be exceeded, for the
next fishing year, or up to 3 fishing years. The MAFMC's
recommendations must include supporting documentation, as appropriate,
concerning the environmental and economic impacts of the
recommendations. The Regional Administrator shall review these
recommendations, and after such review, NMFS will publish a proposed
rule in the Federal Register specifying the annual blueline tilefish
ACL, ACT, TAL and any management measures for the blueline tilefish
commercial and recreational sectors to ensure that the sector ACLs will
not be exceeded for the upcoming fishing year or years. After
considering public comments, NMFS will publish a final rule in the
Federal Register to implement the blueline tilefish commercial and
recreational ACLs, ACTs, TALs and any management measures. The previous
year's specifications will remain effective unless revised through the
specification process and/or the

[[Page 29271]]

research quota process described in paragraph (b)(3) of this section.
NMFS will issue notification in the Federal Register if the previous
year's specifications will not be changed.
(3) Research quota. See Sec. 648.22(g).
* * * * *
0
12. Section 648.293 is revised to read as follows:

Sec. 648.293 Tilefish accountability measures.

(a) Golden tilefish. (1) Commercial incidental fishery closure. See
Sec. 648.295(a)(2).
(2) Commercial ACL overage evaluation. If the golden tilefish ACL
is exceeded, the amount of the ACL overage that cannot be directly
attributed to IFQ allocation holders having exceeded their IFQ
allocation will be deducted from the golden tilefish ACL in the
following fishing year. All overages directly attributable to IFQ
allocation holders will be deducted from the appropriate IFQ
allocation(s) in the subsequent fishing year, as required by Sec.
648.294(f).
(b) Blueline tilefish. (1) Commercial fishery closure. See Sec.
648.295(b)(2).
(2) Commercial ACL overage evaluation. The commercial sector ACL
will be evaluated based on a single-year examination of total catch
(landings and discards).
(i) Commercial landings overage repayment. Landings in excess of
the commercial ACL will be deducted from the commercial ACL for the
following year.
(ii) Non-landing accountability measure. In the event that the
commercial ACL has been exceeded and the overage has not been
accommodated through the landings-based AM, then the exact amount by
which the commercial ACL was exceeded, in pounds, will be deducted, as
soon as possible, from the applicable subsequent single fishing year
commercial ACL.
(3) Recreational ACL overage evaluation. The recreational sector
ACL will be evaluated based on a 3-year moving average comparison of
total catch (landings and discards). Both landings and dead discards
will be evaluated in determining if the 3-year average recreational
sector ACL has been exceeded. The 3-year moving average will be phased
in over the first 3 years, beginning with 2017: Total recreational
total catch from 2017 will be compared to the 2017 recreational sector
ACL; the average total catch from both 2017 and 2018 will be compared
to the average of the 2017 and 2018 recreational sector ACLs; the
average total catch from 2017, 2018, and 2019 will be compared to the
average of the 2017, 2018, and 2019 recreational sector ACLs and, for
all subsequent years, the preceding 3-year average recreational total
catch will be compared to the preceding 3-year average recreational
sector ACL.
(4) Recreational accountability measures (AM). If the recreational
ACL is exceeded, then the following procedure will be followed:
(i) If biomass is below threshold, the stock is under rebuilding,
or biological reference points are unknown. If the most recent estimate
of biomass is below the BMSY threshold (i.e., B/
BMSY is less than 0.5), the stock is under a rebuilding
plan, or the biological reference points (B or BMSY) are
unknown, and the recreational ACL has been exceeded, then the exact
amount, in pounds, by which the most recent year's recreational catch
estimate exceeded the most recent year's recreational ACL will be
deducted in the following fishing year, or as soon as possible
thereafter, once catch data are available, from the recreational ACT,
as a single-year adjustment. Changes to management measures would also
be considered through the specifications process to avoid future
overages.
(ii) If biomass is above the threshold, but below the target, and
the stock is not under rebuilding. If the most recent estimate of
biomass is above the biomass threshold (B/BMSY is greater
than 0.5), but below the biomass target (B/BMSY is less than
1.0), and the stock is not under a rebuilding plan, then the following
AMs will apply:
(A) If the recreational ACL has been exceeded. If the Recreational
ACL has been exceeded, then adjustments to the recreational management
measures, taking into account the performance of the measures and
conditions that precipitated the overage, will be made in the following
fishing year, or as soon as possible thereafter, once catch data are
available, as a single-year adjustment.
(B) If the ABC has been exceeded. If the ABC has been exceeded,
then a single-year adjustment to the recreational ACT will be made in
the following fishing year, or as soon as possible thereafter, once
catch data are available, as described below. In addition, adjustments
to the recreational management measures, taking into account the
performance of the measures and conditions that precipitated the
overage, will be made in the following year.
(1) Adjustment to recreational ACT. If an adjustment to the
following year's recreational ACT is required, then the ACT will be
reduced by the exact amount, in pounds, of the product of the overage,
defined as the difference between the recreational catch and the
recreational ACL, and the payback coefficient.
(2) Payback coefficient. The payback coefficient is the difference
between the most recent estimate of biomass and BMSY (i.e.,
BMSY-B) divided by one-half of BMSY.
(iii) If biomass is above target. If the most recent estimate of
biomass is above BMSY (i.e., B/BMSY is greater
than 1.0), then adjustments to the recreational management measures,
taking into account the performance of the measures and conditions that
precipitated the overage, will be made in the following fishing year,
or as soon as possible thereafter, once catch data are available, as a
single-year adjustment.
* * * * *
0
13. Section 648.294 is amended to read as follows by:
0
a. Revising the section heading;
0
b. Revising paragraphs (a)(1) and (a)(2);
0
c. Revising paragraph (b)(1) introductory text and paragraph (b)(4);
0
d. Revising paragraphs (e)(3)(ii), (e)(3)(iii), and (e)(4);
0
e. Revising paragraph (f);
0
f. Revising paragraph (g); and
0
g. Revising paragraphs (h)(1), (h)(2)(ii), and (h)(4)(i).

Sec. 648.294 Golden tilefish individual fishing quota (IFQ) program.

(a) IFQ allocation permits. (1) After adjustments for incidental
catch, research set-asides, and overages, as appropriate, pursuant to
Sec. 648.292(a)(3), the Regional Administrator shall divide the
remaining golden tilefish TAL among the IFQ quota shareholders who held
IFQ quota share as of September 1 of a given fishing year. Allocations
shall be made by applying the IFQ quota share percentages that exist on
September 1 of a given fishing year to the IFQ TAL pursuant to Sec.
648.292(a)(3), subject to any deductions for overages pursuant to
paragraph (f) of this section. Amounts of IFQ allocation of 0.5 lb
(0.23 kg) or smaller created by this calculation shall be rounded
downward to the nearest whole number, and amounts of IFQ allocation
greater than 0.5 lb (0.23 kg) shall be rounded upward to the nearest
whole number, so that annual IFQ allocations are specified in whole
pounds.
(2) Allocations shall be issued in the form of an annual IFQ
allocation permit. The IFQ allocation permit shall specify the quota
share percentage held by the IFQ allocation permit holder and the total
pounds of golden tilefish that the

[[Page 29272]]

IFQ allocation permit holder is authorized to harvest.
* * * * *
(b) Application--(1) General. Applicants for a permit under this
section must submit a completed application on an appropriate form
obtained from NMFS. The application must be filled out completely and
signed by the applicant. Each application must include a declaration of
all interests in IFQ quota shares and IFQ allocations, as defined in
Sec. 648.2, listed by IFQ allocation permit number, and must list all
Federal vessel permit numbers for all vessels that an applicant owns or
leases that would be authorized to possess golden tilefish pursuant to
the IFQ allocation permit. The Regional Administrator will notify the
applicant of any deficiency in the application.
* * * * *
(4) IFQ Vessel. All Federal vessel permit numbers that are listed
on the IFQ allocation permit are authorized to possess golden tilefish
pursuant to the IFQ allocation permit until the end of the fishing year
or until NMFS receives written notification from the IFQ allocation
permit holder that the vessel is no longer authorized to possess golden
tilefish pursuant to the subject permit. An IFQ allocation permit
holder who wishes to authorize an additional vessel(s) to possess
golden tilefish pursuant to the IFQ allocation permit must send written
notification to NMFS. This notification must include the vessel name
and permit number, and the dates on which the IFQ allocation permit
holder desires the vessel to be authorized to land golden tilefish
pursuant to the IFQ allocation permit. A copy of the IFQ allocation
permit must be carried on board each vessel so authorized to possess
IFQ golden tilefish.
* * * * *
(e) * * *
(3) * * *
(ii) A transfer of IFQ allocation or quota share will not be
approved by the Regional Administrator if it would result in an entity
holding, or having an interest in, a percentage of IFQ allocation
exceeding 49 percent of the total golden tilefish adjusted TAL.
(iii) For the purpose of calculating the appropriate IFQ cost
recovery fee, if the holder of an IFQ allocation leases additional IFQ
allocation, the quantity and value of golden tilefish landings made
after the date the lease is approved by the Regional Administrator are
attributed to the transferred quota before being attributed to the
allocation holder's base IFQ allocation, if any exists. In the event of
multiple leases, landings would be attributed to the leased allocations
in the order the leases were approved by the Regional Administrator. As
described in paragraph (h) of this section, a tilefish IFQ quota share
allocation holder shall incur a cost recovery fee, based on the value
of landings of golden tilefish authorized under the allocation holder's
annual tilefish IFQ allocation, including allocation that is leased to
another IFQ allocation permit holder.
(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 September 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 October 10 to be processed for the
current fishing year.
* * * * *
(f) IFQ allocation overages. If an IFQ allocation is exceeded,
including by amounts of golden tilefish landed by a lessee in excess of
a temporary transfer of IFQ allocation, the amount of the overage will
be deducted from the IFQ shareholder's allocation in the subsequent
fishing year(s). If an IFQ allocation overage is not deducted from the
appropriate allocation before the IFQ allocation permit is issued for
the subsequent fishing year, a revised IFQ allocation permit reflecting
the deduction of the overage shall be issued by NMFS. If the allocation
cannot be reduced in the subsequent fishing year because the full
allocation has already been landed or transferred, the IFQ allocation
permit will indicate a reduced allocation for the amount of the overage
in the next fishing year.
(g) IFQ allocation acquisition restriction. No person or entity may
acquire more than 49 percent of the annual adjusted golden tilefish
TAL, specified pursuant to Sec. 648.294, at any point during a fishing
year. For purposes of this paragraph, acquisition includes any
permanent transfer of IFQ quota share or temporary transfer of annual
IFQ allocation. The calculation of IFQ allocation for purposes of the
restriction on acquisition includes IFQ allocation interests held by: A
company in which the IFQ holder is a shareholder, officer, or partner;
an immediate family member; or a company in which the IFQ holder is a
part owner or partner.
(h) * * *
(1) Payment responsibility. Each tilefish IFQ allocation permit
holder with quota share shall incur a cost recovery fee annually, based
on the value of landings of golden tilefish authorized under his/her
tilefish IFQ allocation, including allocation that he/she leases to
another IFQ allocation permit holder. The tilefish IFQ allocation
permit holder is responsible for paying the fee assessed by NMFS.
(2) * * *
(ii) Calculating fee percentage. The recoverable costs determined
by the Regional Administrator will be divided by the total ex-vessel
value of all golden tilefish IFQ landings during the cost recovery
billing period to derive a fee percentage. Each IFQ allocation permit
holder with quota share will be assessed a fee based on the fee
percentage multiplied by the total ex-vessel value of all landings
under his/her IFQ allocation permit, including landings of allocation
that was leased to another IFQ allocation permit holder.
(A) The ex-vessel value for each pound of golden tilefish landed by
an IFQ allocation permit holder shall be determined from Northeast
Federal dealer reports submitted to NMFS, which include the price per
pound paid to the vessel at the time of dealer purchase.
(B) The cost recovery fee percentage shall not exceed 3 percent of
the total value of golden tilefish landings, as required under section
304(d)(2)(B) of the Magnuson-Stevens Act.
* * * * *
(4) * * *
(i) At any time thereafter, notify the IFQ allocation permit holder
in writing that his/her IFQ allocation permit is suspended, thereby
prohibiting landings of tilefish above the incidental limit, as
specified at Sec. 648.295(a).
* * * * *
0
14. Section 648.295 is revised to read as follows:

Sec. 648.295 Tilefish commercial trip limits.

(a) Golden tilefish. (1) Incidental trip limit for vessels not
fishing under an IFQ allocation. Any vessel of the United States
fishing under a tilefish permit, as described at Sec. 648.4(a)(12), is
prohibited from possessing more than 500 lb (226.8

[[Page 29273]]

kg) of golden tilefish at any time, unless the vessel is fishing under
a tilefish IFQ allocation permit, as specified at Sec. 648.294(a). Any
golden tilefish landed by a vessel fishing under an IFQ allocation
permit, on a given fishing trip, count as landings under the IFQ
allocation permit.
(2) In-season closure of the incidental fishery. The Regional
Administrator will monitor the harvest of the golden tilefish
incidental TAL based on dealer reports and other available information,
and shall determine the date when the incidental golden tilefish TAL
has been landed. The Regional Administrator shall publish a notice in
the Federal Register notifying vessel and dealer permit holders that,
effective upon a specific date, the incidental golden tilefish fishery
is closed for the remainder of the fishing year.
(b) Blueline tilefish. (1) Commercial possession limit. Any vessel
of the United States fishing under a tilefish permit, as described at
Sec. 648.4(a)(12), is prohibited from possessing more than 300 lb (136
kg) of blueline tilefish per trip in or from the Tilefish Management
Unit. Commercial blueline tilefish must be landed with head and fins
naturally attached, but may be gutted.
(2) In-season closure of the commercial fishery. The Regional
Administrator will monitor the harvest of the blueline tilefish
commercial TAL based on dealer reports and other available information,
and shall determine the date when the blueline tilefish commercial TAL
will be landed. The Regional Administrator shall publish a notice in
the Federal Register notifying vessel and dealer permit holders that,
effective upon a specific date, the blueline tilefish commercial
fishery is closed for the remainder of the fishing year.
* * * * *
0
15. Section 648.296 is revised to read as follows:

Sec. 648.296 Tilefish recreational possession limits.

(a) Golden Tilefish. Any person fishing from a vessel that is not
fishing under a tilefish commercial vessel permit issued pursuant to
Sec. 648.4(a)(12), may land up to eight golden tilefish per trip.
Anglers fishing onboard a charter/party vessel shall observe the
recreational possession limit.
(b) Blueline Tilefish. (1) Private recreational vessels. Any person
fishing from a vessel that is not fishing under a tilefish commercial
or Charter/Party vessel permit issued pursuant to Sec. 648.4(a)(12),
may land up to three blueline tilefish per trip.
(2) Uninspected for-hire vessels. Anglers fishing onboard a for-
hire vessel under a tilefish Charter/Party vessel permit issued
pursuant to Sec. 648.4(a)(12), which has not been issued a valid U.S.
Coast Guard Certificate of Inspection may land up to five blueline
tilefish per person per trip.
(3) Inspected for-hire vessels. Anglers fishing onboard a for-hire
vessel under a tilefish Charter/Party vessel permit issued pursuant to
Sec. 648.4(a)(12), which has been issued a valid U.S. Coast Guard
Certificate of Inspection may land up to seven blueline tilefish per
person per trip.
(c) Enforcement. Tilefish harvested by vessels subject to the
possession limits with more than one person on board may be pooled in
one or more containers. Compliance with the golden tilefish possession
limit will be determined by dividing the number of golden tilefish on
board by the number of persons on board. Compliance with the blueline
tilefish possession limit will be determined by dividing the number of
blueline tilefish on board by the number of persons on board. The
captain and crew of a party or charter boat are not counted in
determining the possession limit. If there is a violation of the
possession limit on board a vessel carrying more than one person, the
violation shall be deemed to have been committed by the owner and
operator of the vessel.
* * * * *
0
16. In Sec. 648.299, revise paragraphs (a)(1)(xix), (a)(1)(xx), and
(a)(1)(xxi), and add paragraphs (a)(1)(xxii) and (a)(1)(xxiii) to read
as follows:

Sec. 648.299 Tilefish framework specifications.

(a) * * *
(1) * * *
(xix) Recreational management measures, including the bag limit,
minimum fish size limit, seasons, and gear restrictions or
prohibitions;
(xx) Golden tilefish IFQ program review components, including
capacity reduction, safety at sea issues, transferability rules,
ownership concentration caps, permit and reporting requirements, and
fee and cost-recovery issues;
(xxi) Blueline tilefish recreational permitting and reporting
requirements previously considered by the MAFMC; and
(xxiii) Blueline tilefish allocations to the commercial and
recreational sectors of the fishery within the range of allocation
alternatives considered by the MAFMC in Amendment 6.
(xxii) Measures that require significant departures from previously
contemplated measures or that are otherwise introducing new concepts
may require a formal amendment of the FMP instead of a framework
adjustment.
* * * * *
[FR Doc. 2017-13390 Filed 6-27-17; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Proposed Rules 29267

defined as small, and seafood dealers/ § 648.1 Purpose and scope. Lessor means:
wholesalers (NAICS code 424460) are (a) This part implements the fishery * * * * *
defined as small if they have fewer than management plans (FMPs) for the (2) An IFQ allocation permit holder
100 employees. Using these definitions, Atlantic mackerel, squid, and butterfish who temporarily transfers golden
there are 4 large and 194 small entities fisheries (Atlantic Mackerel, Squid, and tilefish IFQ allocation, as specified at
(108 small commercial harvesting Butterfish FMP); Atlantic salmon § 648.294(e)(1).
entities, 36 small for-hire entities, and (Atlantic Salmon FMP); the Atlantic sea * * * * *
50 small seafood dealers) that reported scallop fishery (Scallop FMP); the Tilefish means golden tilefish and
catching or purchasing blueline tilefish Atlantic surfclam and ocean quahog blueline tilefish, collectively, unless
during 2013–2015. fisheries (Atlantic Surfclam and Ocean otherwise noted.
For the 108 small commercial Quahog FMP); the NE multispecies and Tilefish FMP Monitoring Committee
harvesting entities, their total revenues monkfish fisheries ((NE Multispecies means a committee made up of staff
for 2013–2015 averaged $649,948 while FMP) and (Monkfish FMP)); the summer representatives of the MAFMC, the
their blueline tilefish revenues averaged flounder, scup, and black sea bass NMFS Greater Atlantic Regional
$1,826. Revenue data were not available fisheries (Summer Flounder, Scup, and Fisheries Office, the Northeast Fisheries
for the 36 small for-hire entities. Black Sea Bass FMP); the Atlantic Science Center, up to three state
However, during 2013–2015 the annual bluefish fishery (Atlantic Bluefish FMP); representatives (the New England states
total number of fish kept by anglers on the Atlantic herring fishery (Atlantic having one representative and the Mid-
these vessels averaged 107,645 fish Herring FMP); the spiny dogfish fishery Atlantic states having a maximum of
while the blueline tilefish kept averaged (Spiny Dogfish FMP); the Atlantic deep- two representatives) and one non-voting
560 fish. The 50 Federal dealers with sea red crab fishery (Deep-Sea Red Crab industry member. The MAFMC
blueline tilefish records averaged total FMP); the golden and blueline tilefish Executive Director or his designee
annual purchases of $4.6 million during fisheries (Tilefish FMP); and the NE chairs the committee.
2013–2015, while their average blueline skate complex fisheries (Skate FMP). Tilefish Management Unit means an
tilefish purchases were just $9,543. These FMPs and the regulations in this area of the Atlantic Ocean from the
part govern the conservation and latitude of the VA and NC border
Given the low number of small
management of the above named (36°33.36′ N. Lat.), extending eastward
entities involved in the blueline tilefish
fisheries of the Northeastern United from the shore to the outer boundary of
fishery, and the small proportion of
States. the exclusive economic zone and
revenues/fish represented by blueline
tilefish for these small entities, this * * * * * northward to the United States-Canada
action will not have a ‘‘significant ■ 3. Section 648.2 is amended as border in which the United States
economic impact on a substantial follows: exercises exclusive jurisdiction over all
number of small entities’’ even if short ■ a. Add definition ‘‘Blueline tilefish,’’ golden tilefish (Lopholatilus
term revenues are negatively affected for ■ b. Revise definition for paragraph 4, chamaeleonticeps) and blueline tilefish
some entities. In addition, the proposed ‘‘Fishing year,’’ (Caulolatilus microps) fished for,
measures would not eliminate but only ■ c. Add definition ‘‘Golden tilefish,’’ possessed, caught or retained in or from
reduce fishing for blueline tilefish, and ■ d. Revise definition for paragraph 2, such area.
vessels and dealers would likely seek ‘‘Lessee,’’ * * * * *
and be able to find ways to mitigate any ■ e. Revise definition for paragraph 2, ■ 4. In § 648.4, paragraphs (a)(12)(i),
possible revenue reductions related to ‘‘Lessor,’’ (a)(12)(ii), and (b)(1)(i) are revised to
restrictions on catch of blueline tilefish. ■ f. Revise definition ‘‘Tilefish,’’ read as follows:
As a result, an initial regulatory ■ g. Revise definition ‘‘Tilefish FMP
Monitoring Committee,’’ and § 648.4 Vessel permits.
flexibility analysis is not required and
none has been prepared. ■ h. Revise definition ‘‘Tilefish (a) * * *
Management Unit.’’ (12) Tilefish vessels.
List of Subjects in 50 CFR Part 648 (i) Commercial vessel permits. Any
§ 648.2 Definitions. vessel of the United States must have
Fisheries, Fishing, Reporting and * * * * * been issued, under this part, and carry
recordkeeping requirements. Blueline tilefish means Caulolatilus on board, a valid commercial vessel
Dated: June 21, 2017. microps. permit to fish for, possess, or land
Samuel D. Rauch III, * * * * * golden tilefish or blueline tilefish for a
Deputy Assistant Administrator for Fishing year means: commercial purpose, in or from the
Regulatory Programs, National Marine * * * * * Tilefish Management Unit.
Fisheries Service. (4) For the golden tilefish fishery, (A) A commercial vessel must fish
from November 1 through October 31 of under the authorization of a golden
For the reasons set out in the the following year. tilefish IFQ allocation permit, issued
preamble, 50 CFR part 648 is proposed pursuant to § 648.294, to possess, or
to be amended as follows: * * * * * land golden tilefish in excess of the trip
Golden tilefish means Lopholatilus limit as specified under § 648.295(a).
PART 648—FISHERIES OF THE chamaeleonticeps. (B) [Reserved]
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NORTHEASTERN UNITED STATES * * * * * (ii) Party and charter vessel permits.
Lessee means: Any party or charter vessel must have
■ 1. The authority citation for part 648 * * * * * been issued, under this part, a Federal
continues to read as follows: (2) A person or entity eligible to hold Charter/Party vessel permit to fish for
Authority: 16 U.S.C. 1801 et seq. golden tilefish IFQ allocation, who either golden tilefish or blueline tilefish
receives temporarily transferred golden in the Tilefish Management Unit, if it
■ 2. In § 648.1, revise paragraph (a) to tilefish IFQ allocation, as specified at carries passengers for hire. Such vessel
read as follows: § 648.294(e)(1). must observe the recreational

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29268 Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Proposed Rules

possession limits as specified at within waters under the jurisdiction of herring processors or dealers, as
§ 648.296 and the prohibition on sale. any state that requires cage tags are not described in § 648.2; must have been
* * * * * subject to any conflicting Federal issued under this section, and have in
(b) Permit conditions. (1)(i) Any minimum size or tagging requirements. their possession, a valid permit or
person who applies for and is issued or If a surfclam and ocean quahog permits for these species.
renews a fishing permit under this requirement of this part differs from a * * * * *
section agrees, as a condition of the surfclam and ocean quahog management ■ 7. In § 648.14, paragraph (u) is revised
permit, that the vessel and the vessel’s measure required by a state that does to read as follows:
fishing activity, catch, and pertinent not require cage tagging, any vessel
owners or operators permitted to fish in § 648.14 Prohibitions.
gear (without regard to whether such
fishing occurs in the EEZ or landward the EEZ for surfclams and ocean * * * * *
of the EEZ; and without regard to where quahogs must comply with the more (u) Golden and blueline tilefish. It is
such fish or gear are possessed, taken, restrictive requirement while fishing in unlawful for any person owning or
or landed); are subject to all state waters. However, surrender of a operating a vessel to do any of the
requirements of this part, unless surfclam and ocean quahog vessel following:
exempted from such requirements permit by the owner by certified mail (1) Permit requirements—(i) Operator
under this part. All such fishing addressed to the Regional Administrator permit. Operate, or act as an operator of,
activities, catch, and gear will remain allows an individual to comply with the a vessel with a tilefish permit, or a
subject to all applicable state less restrictive state minimum size vessel fishing for or possessing golden
requirements. Except as otherwise requirement, as long as fishing is or blueline tilefish in or from the
provided in this part, if a requirement conducted exclusively within state Tilefish Management Unit, unless the
of this part and a management measure waters. operator has been issued, and is in
required by a state or local law differ, * * * * * possession of, a valid operator permit.
any vessel owner permitted to fish in ■ 5. In § 648.5, paragraph (a) is revised This requirement does not apply to
the EEZ for any species managed under to read as follows: operators of private recreational vessels.
(ii) Dealer permit. Purchase, possess,
this part, except tilefish, must comply § 648.5 Operator permits. receive for a commercial purpose; or
with the more restrictive requirement. (a) General. Any operator of a vessel attempt to purchase, possess, or receive
Except as otherwise provided in this fishing for or possessing: Atlantic sea for a commercial purpose; as a dealer,
part, if a requirement of this part and a scallops, NE multispecies, spiny or in the capacity of a dealer, golden or
management measure required by a state dogfish, monkfish, Atlantic herring, blueline tilefish that were harvested in
or local law differ, any vessel owner Atlantic surfclam, ocean quahog, or from the Tilefish Management Unit,
permitted to fish in the tilefish Atlantic mackerel, squid, butterfish, without having been issued, and in
management unit for tilefish managed scup, black sea bass, or Atlantic possession of, a valid tilefish dealer
under this part must comply with the bluefish, harvested in or from the EEZ; permit.
more restrictive requirement. Owners golden tilefish or blueline tilefish (iii) Vessel permit. (A) Sell, barter,
and operators of vessels fishing under harvested in or from the EEZ portion of trade, or otherwise transfer from a
the terms of a summer flounder the Tilefish Management Unit; skates vessel; or attempt to sell, barter, trade,
moratorium, scup moratorium, or black harvested in or from the EEZ portion of or otherwise transfer from a vessel; for
sea bass moratorium; or a spiny dogfish the Skate Management Unit; or Atlantic a commercial purpose, other than solely
or bluefish commercial vessel permit, deep-sea red crab harvested in or from for transport on land, any golden or
must also agree not to land summer the EEZ portion of the Red Crab blueline tilefish, unless the vessel has
flounder, scup, black sea bass, spiny Management Unit, issued a permit, been issued a commercial tilefish
dogfish, or bluefish, respectively, in any including carrier and processing permit, or unless the tilefish were
state after NMFS has published a permits, for these species under this harvested by a vessel without a
notification in the Federal Register part, must have been issued under this commercial tilefish permit that fished
stating that the commercial quota for section, and carry on board, a valid exclusively in State waters.
that state or period has been harvested operator permit. An operator’s permit (B) Operate a vessel that takes
and that no commercial quota is issued pursuant to part 622 or part 697 recreational fishermen for hire to fish
available for the respective species. A of this chapter satisfies the permitting for golden or blueline tilefish in the
state not receiving an allocation of requirement of this section. This Tilefish Management Unit without a
summer flounder, scup, black sea bass, requirement does not apply to operators valid Tilefish Charter/Party Vessel
or bluefish, either directly or through a of recreational vessels. Permit, as required in § 648.4(a)(12)(i).
coast-wide allocation, is deemed to have * * * * * (2) Possession and landing. (i) Fish
no commercial quota available. Owners ■ 6. In § 648.6, paragraph (a)(1) is for, possess, retain, or land golden or
and operators of vessels fishing under revised to read as follows: blueline tilefish, unless:
the terms of the tilefish commercial (A) The tilefish are being fished for or
permit must agree not to land golden § 648.6 Dealer/processor permits. were harvested in or from the Tilefish
tilefish or blueline tilefish after NMFS (a) General. (1) All dealers of NE Management Unit by a vessel holding a
has published a notification in the multispecies, monkfish, skates, Atlantic valid tilefish permit under this part, and
Federal Register stating that the herring, Atlantic sea scallop, Atlantic the operator on board such vessel has
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respective quota for the golden tilefish deep-sea red crab, spiny dogfish, been issued an operator permit that is
incidental fishery and/or the summer flounder, Atlantic surfclam, on board the vessel.
commercial blueline tilefish fishery has ocean quahog, Atlantic mackerel, squid, (B) The tilefish were harvested by a
been harvested, as described in butterfish, scup, bluefish, golden vessel that has not been issued a tilefish
§ 648.295, unless landing golden tilefish tilefish, blueline tilefish, and black sea permit and that was fishing exclusively
authorized under a golden tilefish IFQ bass; Atlantic surfclam and ocean in State waters.
allocation permit. Owners or operators quahog processors; Atlantic hagfish (C) The tilefish were harvested in or
fishing for surfclams and ocean quahogs dealers and/or processors, and Atlantic from the Tilefish Management Unit by

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Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Proposed Rules 29269

a vessel, other than a Charter/Party otherwise permitted under 50 CFR part Monitoring Committee will review
vessel, that is engaged in recreational 622. fishery performance information and
fishing. (4) Presumption. For purposes of this make recommendations to the MAFMC
(ii) Land or possess golden or blueline part, the following presumption applies: for changes in measures intended to
tilefish harvested in or from the Tilefish All golden or blueline tilefish retained ensure ACLs are not as frequently
Management Unit, in excess of either: or possessed on a vessel issued any exceeded.
(A) The relevant commercial trip limit permit under § 648.4 are deemed to (2) The MAFMC may specify more
specified at § 648.295, unless possessing have been harvested in or from the frequent or more specific ACL
golden tilefish authorized pursuant to a Tilefish Management Unit, unless the performance review criteria as part of a
valid tilefish IFQ allocation permit, as preponderance of all submitted stock rebuilding plan following a
specified in § 648.294(a). evidence demonstrates that such tilefish determination that either the golden
(B) The relevant recreational were harvested by a vessel fishing tilefish or blueline tilefish stock has
possession limit specified at § 648.296, exclusively in State waters. become overfished.
if engaged in recreational fishing * * * * * (3) Performance reviews shall not
including charter/party vessels. ■ 8. Part 648 Subpart N heading is
substitute for annual reviews that occur
(iii) Land golden tilefish harvested in to ascertain if prior year ACLs have been
revised to read as follows:
or from the Tilefish Management Unit in exceeded, but may be conducted in
excess of that authorized under a tilefish Subpart N—Management Measures for conjunction with such reviews.
IFQ allocation permit as described at the Golden Tilefish and Blueline * * * * *
§ 648.294(a). Tilefish Fisheries ■ 10. Section 648.291 is revised to read
(iv) Fish for golden or blueline tilefish as follows:
inside and outside of the Tilefish * * * * *
Management Unit on the same trip. ■ 9. Section 648.290 is revised to read § 648.291 Tilefish Annual Catch Targets
(v) Discard golden tilefish harvested as follows: (ACT).
in or from the Tilefish Management (a) Golden tilefish. The Tilefish
Unit, as defined in § 648.2, unless § 648.290 Tilefish Annual Catch Limits Monitoring Committee shall identify
(ACL). and review the relevant sources of
participating in recreational fishing, as
defined in § 648.2, or while fishing (a) Golden tilefish. The Tilefish management uncertainty to recommend
subject to a trip limit pursuant to Monitoring Committee shall recommend an ACT as part of the golden tilefish
§ 648.295(a). to the MAFMC an ACL for the specification process. The Tilefish
(vi) Land or possess golden tilefish in commercial golden tilefish fishery, Monitoring Committee
or from the Tilefish Management Unit, which shall be equal to the ABC recommendations shall identify the
on a vessel issued a valid tilefish permit recommended by the SSC. specific sources of management
under this part, after the incidental (1) [Reserved] uncertainty that were considered,
golden tilefish fishery is closed (2) Periodicity. The tilefish technical approaches to mitigating these
pursuant to § 648.295(a)(2), unless commercial ACL may be established on sources of uncertainty, and any
fishing under a valid tilefish IFQ an annual basis for up to 3 years at a additional relevant information
allocation permit as specified in time, dependent on whether the SSC considered in the ACT recommendation
§ 648.294(a), or engaged in recreational provides single or multiple-year ABC process.
fishing. recommendations. (1) Sectors. The ACT shall be less
(vii) Land or possess blueline tilefish (b) Blueline tilefish. The Tilefish than or equal to the ACL. The Tilefish
in or from the Tilefish Management Monitoring Committee shall recommend Monitoring Committee shall include the
Unit, on a vessel issued a valid tilefish to the MAFMC separate ACLs for the fishing mortality associated with the
permit under this part, after the commercial and recreational blueline recreational fishery in its ACT
commercial blueline tilefish fishery is tilefish fisheries, the sum total of which recommendations only if this source of
closed pursuant to § 648.295(b)(2), shall be equal to the ABC recommended mortality has not already been
unless engaged in recreational fishing. by the SSC. accounted for in the ABC recommended
(viii) Land or possess blueline tilefish (1) Sector allocations. The ACL for the by the SSC. The Tilefish Monitoring
in or from the Tilefish Management commercial sector of the blueline Committee shall recommend any
Unit, on a vessel issued a valid tilefish fishery shall be 27 percent of the reduction in catch necessary to address
commercial tilefish permit under this ABC, and the ACL for the recreational sector-specific management uncertainty,
part, that do not have the head and fins sector of the fishery shall be 73 percent consistent with paragraph (a) of this
naturally attached to the fish. of the ABC. section.
(3) Transfer and purchase. (i) (2) Periodicity. The blueline tilefish (2) Periodicity. ACTs may be
Purchase, possess, or receive for a commercial and recreational ACLs may established on an annual basis for up to
commercial purpose, other than solely be established on an annual basis for up 3 years at a time, dependent on whether
for transport on land; or attempt to to 3 years at a time, dependent on the SSC provides single or multiple-year
purchase, possess, or receive for a whether the SSC provides single or ABC recommendations.
commercial purpose, other than solely multiple-year ABC recommendations. (b) Blueline tilefish. The Tilefish
for transport on land; golden or blueline (c) Performance review. The Tilefish Monitoring Committee shall identify
tilefish caught by a vessel without a Monitoring Committee shall conduct a and review the relevant sources of
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tilefish permit, unless the tilefish were detailed review of golden tilefish and management uncertainty to recommend
harvested by a vessel without a tilefish blueline tilefish fishery performance ACTs for the commercial and
permit that fished exclusively in State relative to the appropriate sector ACLs recreational fishing sectors as part of the
waters. at least every 5 years. blueline tilefish specification process.
(ii) Purchase or otherwise receive for (1) If an ACL is exceeded with a The Tilefish Monitoring Committee
commercial purposes golden or blueline frequency greater than 25 percent (i.e., recommendations shall identify the
tilefish caught in the EEZ from outside more than once in 4 years or in any 2 specific sources of management
the Tilefish Management Unit unless consecutive years), the Tilefish uncertainty that were considered,

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Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Proposed Rules 29273

kg) of golden tilefish at any time, unless ■ 15. Section 648.296 is revised to read captain and crew of a party or charter
the vessel is fishing under a tilefish IFQ as follows: boat are not counted in determining the
allocation permit, as specified at possession limit. If there is a violation
§ 648.296 Tilefish recreational possession
§ 648.294(a). Any golden tilefish landed of the possession limit on board a vessel
limits.
by a vessel fishing under an IFQ carrying more than one person, the
allocation permit, on a given fishing (a) Golden Tilefish. Any person violation shall be deemed to have been
trip, count as landings under the IFQ fishing from a vessel that is not fishing committed by the owner and operator of
allocation permit. under a tilefish commercial vessel the vessel.
(2) In-season closure of the incidental permit issued pursuant to § 648.4(a)(12),
may land up to eight golden tilefish per * * * * *
fishery. The Regional Administrator will ■ 16. In § 648.299, revise paragraphs
monitor the harvest of the golden trip. Anglers fishing onboard a charter/
party vessel shall observe the (a)(1)(xix), (a)(1)(xx), and (a)(1)(xxi), and
tilefish incidental TAL based on dealer add paragraphs (a)(1)(xxii) and
reports and other available information, recreational possession limit.
(b) Blueline Tilefish. (1) Private (a)(1)(xxiii) to read as follows:
and shall determine the date when the
recreational vessels. Any person fishing
incidental golden tilefish TAL has been § 648.299 Tilefish framework
from a vessel that is not fishing under specifications.
landed. The Regional Administrator
a tilefish commercial or Charter/Party
shall publish a notice in the Federal (a) * * *
vessel permit issued pursuant to
Register notifying vessel and dealer (1) * * *
§ 648.4(a)(12), may land up to three
permit holders that, effective upon a blueline tilefish per trip. (xix) Recreational management
specific date, the incidental golden (2) Uninspected for-hire vessels. measures, including the bag limit,
tilefish fishery is closed for the Anglers fishing onboard a for-hire vessel minimum fish size limit, seasons, and
remainder of the fishing year. under a tilefish Charter/Party vessel gear restrictions or prohibitions;
(b) Blueline tilefish. (1) Commercial permit issued pursuant to § 648.4(a)(12),
possession limit. Any vessel of the (xx) Golden tilefish IFQ program
which has not been issued a valid U.S. review components, including capacity
United States fishing under a tilefish Coast Guard Certificate of Inspection
permit, as described at § 648.4(a)(12), is reduction, safety at sea issues,
may land up to five blueline tilefish per transferability rules, ownership
prohibited from possessing more than person per trip.
300 lb (136 kg) of blueline tilefish per concentration caps, permit and
(3) Inspected for-hire vessels. Anglers reporting requirements, and fee and
trip in or from the Tilefish Management fishing onboard a for-hire vessel under
Unit. Commercial blueline tilefish must cost-recovery issues;
a tilefish Charter/Party vessel permit
be landed with head and fins naturally (xxi) Blueline tilefish recreational
issued pursuant to § 648.4(a)(12), which
attached, but may be gutted. permitting and reporting requirements
has been issued a valid U.S. Coast
(2) In-season closure of the previously considered by the MAFMC;
Guard Certificate of Inspection may land
commercial fishery. The Regional and
up to seven blueline tilefish per person
Administrator will monitor the harvest per trip. (xxiii) Blueline tilefish allocations to
of the blueline tilefish commercial TAL (c) Enforcement. Tilefish harvested by the commercial and recreational sectors
based on dealer reports and other vessels subject to the possession limits of the fishery within the range of
available information, and shall with more than one person on board allocation alternatives considered by the
determine the date when the blueline may be pooled in one or more MAFMC in Amendment 6.
tilefish commercial TAL will be landed. containers. Compliance with the golden (xxii) Measures that require
The Regional Administrator shall tilefish possession limit will be significant departures from previously
publish a notice in the Federal Register determined by dividing the number of contemplated measures or that are
notifying vessel and dealer permit golden tilefish on board by the number otherwise introducing new concepts
holders that, effective upon a specific of persons on board. Compliance with may require a formal amendment of the
date, the blueline tilefish commercial the blueline tilefish possession limit FMP instead of a framework adjustment.
fishery is closed for the remainder of the will be determined by dividing the * * * * *
fishing year. number of blueline tilefish on board by [FR Doc. 2017–13390 Filed 6–27–17; 8:45 am]
* * * * * the number of persons on board. The BILLING CODE 3510–22–P
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Document Created: 2017-06-28 01:10:35
Document Modified: 2017-06-28 01:10:35

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		Proposed rule; request for comments.
Dates		Comments must be received on or before July 28, 2017.
Contact		Douglas Potts, Fishery Policy Analyst, 978-281-9341.
FR Citation		82 FR 29263
RIN Number		0648-BF86
CFR Associated		Fisheries; Fishing and Reporting and Recordkeeping Requirements

82 FR 29263 - Fisheries of the Northeastern United States; Amendment 6 to the Tilefish Fishery Management Plan

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 123 (June 28, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration