82_FR_42438 82 FR 42266 - Fisheries of the Northeastern United States; Golden Tilefish Fishery; 2018 and Projected 2019-2020 Specifications

82 FR 42266 - Fisheries of the Northeastern United States; Golden Tilefish Fishery; 2018 and Projected 2019-2020 Specifications

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 172 (September 7, 2017)

Page Range42266-42268
FR Document2017-18958

NMFS proposes specifications for the 2018 commercial golden tilefish fishery and projected specifications for 2019 and 2020. The proposed action is intended to establish allowable harvest levels and other management measures to prevent overfishing while allowing optimum yield, consistent with the Magnuson-Stevens Fishery Conservation and Management Act and the Tilefish Fishery Management Plan. It is also intended to inform the public of these proposed specifications for the 2018 fishing year and projected specifications for 2019-2020.

Federal Register, Volume 82 Issue 172 (Thursday, September 7, 2017)
[Federal Register Volume 82, Number 172 (Thursday, September 7, 2017)]
[Proposed Rules]
[Pages 42266-42268]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18958]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 170717675-7675-01]
RIN 0648-XF571


Fisheries of the Northeastern United States; Golden Tilefish 
Fishery; 2018 and Projected 2019-2020 Specifications

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

ACTION: Proposed rule; request for comments.

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

SUMMARY: NMFS proposes specifications for the 2018 commercial golden 
tilefish fishery and projected specifications for 2019 and 2020. The 
proposed action is intended to establish allowable harvest levels and 
other management measures to prevent overfishing while allowing optimum 
yield, consistent with the Magnuson-Stevens Fishery Conservation and 
Management Act and the Tilefish Fishery Management Plan. It is also 
intended to inform the public of these proposed specifications for the 
2018 fishing year and projected specifications for 2019-2020.

DATES: Comments must be received by 5 p.m. local time, on September 22, 
2017.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2017-0091, by either of the following methods:
    ELECTRONIC SUBMISSION: Submit all electronic public comments via 
the Federal e-Rulemaking Portal.
    1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0091,
    2. Click the ``Comment Now!'' icon, complete the required fields.
    3. Enter or attach your comments.

- OR -

    MAIL: Submit written comments to John Bullard, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930. Mark the outside of the envelope: 
``Comments on the Proposed Rule for Golden Tilefish Specifications.''
    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 for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    A draft environmental assessment (EA) has been prepared for this 
action that describes the proposed measures and other considered 
alternatives, as well as provides an analysis of the impacts of the 
proposed measures and alternatives. Copies of the specifications 
document, including the EA and the Initial Regulatory Flexibility 
Analysis (IRFA), are available on request from Dr. Christopher M. 
Moore, Executive Director, Mid-Atlantic Fishery Management Council, 
Suite 201, 800 North State Street, Dover, DE 19901. These documents are 
also accessible via the Internet at http://www.mafmc.org.

FOR FURTHER INFORMATION CONTACT: Cynthia Hanson, Fishery Management 
Specialist, (978) 281-9180.

SUPPLEMENTARY INFORMATION: 

Background

    The golden tilefish fishery is managed by the Mid-Atlantic Fishery 
Management Council under the Tilefish Fishery Management Plan (FMP), 
which outlines the Council's process for establishing annual 
specifications. The FMP requires the Council to recommend acceptable 
biological catch (ABC), annual catch limit (ACL), annual catch target 
(ACT), total allowable landings (TAL), and other management measures, 
for up to three years at a time. The directed fishery is managed under 
an individual fishing quota (IFQ) program, with small amounts of non-
IFQ catch allowed under an incidental permit. The Council's Scientific 
and Statistical Committee (SSC) provides an ABC recommendation to the 
Council to derive these catch limits. The Council makes recommendations 
to NMFS that cannot exceed the recommendation of its SSC. The Council's 
recommendations must include supporting documentation concerning the 
environmental, economic, and social impacts of the recommendations. We 
are responsible for reviewing these recommendations to ensure that they 
achieve the FMP objectives and are consistent with all applicable laws, 
and may modify them if they do not. Following review, NMFS publishes 
the final specifications in the Federal Register.

[[Page 42267]]

    In January 2014, the 58th Northeast Stock Assessment Workshop (SAW) 
declared the golden tilefish stock rebuilt and concluded that 
overfishing is not occurring. A stock assessment update with data 
through 2016 is currently in development, but the 58th SAW is still the 
most up to date and best available science for the Council to use in 
its decision-making on these golden tilefish specifications. Based on 
this report, and the ABC recommendations made by the Council's SSC, the 
Council took final action April 2017 on 2018-2020 quota specifications 
for the golden tilefish fishery, and submitted its recommended 
specifications to us on July 5, 2017. A summary of the Council's 
recommended specifications is shown below in Table 1.

Proposed Specifications

    The Council's recommendations are consistent with the SSC's 
recommended ABCs, and represent a reduction in ABC and overall 
commercial quota from 2017 to ensure overfishing does not occur. The 
proposed IFQ quota of 1,554,038 lb (705 mt) is a 13-percent reduction 
from 2017, and the incidental quota of 72,397 lb (33 mt) is a 23-
percent reduction. The proposed incidental sector typically lands less 
than half of its allocated quota each year, so this larger reduction is 
unlikely to have a significant impact. As golden tilefish are not 
overfished or experiencing overfishing, the reduction in the quotas is 
a result of the SSC applying the Council's risk policy to the most 
recent assessment outputs to derive its ABC recommendation.

                                             Table 1--Summary of Recommended Golden Tilefish Specifications
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       2018                            2019                            2020
                                                         -----------------------------------------------------------------------------------------------
                                                            million lb          mt          million lb          mt          million lb          mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
Overfishing Limit.......................................           2.332           1,058           2.421           1,098           2.291           1,039
ABC.....................................................           1.636             742           1.636             742           1.636             742
ACL.....................................................           1.636             742           1.636             742           1.636             742
IFQ ACT.................................................           1.554             705           1.554             705           1.554             705
Incidental ACT..........................................           0.082              37           0.082              37           0.082              37
IFQ TAL.................................................           1.554             705           1.554             705           1.554             705
Incidental TAL..........................................           0.072              33           0.072              33           0.072              33
IFQ Quota...............................................           1.554             705           1.554             705           1.554             705
Incidental Quota........................................           0.072              33           0.072              33           0.072              33
--------------------------------------------------------------------------------------------------------------------------------------------------------

    As in recent years, the Council recommended ABC=ACL=ACT. The TAL is 
derived by deducting anticipated discards of tilefish from the ACT. 
Under the FMP, 95 percent of the TAL is allocated for the IFQ fishery, 
and the remaining 5 percent is allocated for the incidental fishery. 
Prior to 2018, ACTs and TALs were specified at the overall commercial 
level, with the IFQ fishery and incidental fishery combined. Framework 
Adjustment 2 to the Tilefish FMP is being developed concurrently with 
these specifications, and modifies this system to allow discards to be 
deducted from the specific component of the commercial sector (IFQ 
fishery or incidental fishery) where they were generated. The Council 
made recommendations based on the new process being developed under 
Framework 2, so that IFQ and incidental specific category discards are 
used, allowing for more specific adjustments to the commercial sector. 
This also divides the ACT and TAL between IFQ and incidental categories 
within the specifications. Framework 2 is still in development, and a 
proposed rule outlining the new measures is expected soon. Because 
Framework 2 will be implemented before this action is finalized, we are 
proposing to use the Framework 2 measures for the 2018-2020 
specifications.
    The golden tilefish industry strongly supports consistency in 
annual harvest quotas, and has operated under a constant landings 
strategy since 2001. Continuing this strategy, the Council opted to 
recommend the same quota for the 2018-2020 period, with the 
understanding that the specifications will be reviewed on an annual 
basis. We are proposing the 2018 specifications along with the 
projected specifications for 2019 and 2020 so that the public is aware 
of the likely values for those years. We will publish a notice in the 
Federal Register prior to each fishing year to confirm or announce any 
necessary changes to the specifications for 2019 and 2020. The Council 
did not recommend changes to other regulations for this fishery. We 
propose, based on this recommendation, that all other management 
measures in the golden tilefish fishery will remain unchanged for the 
2018-2020 fishing years. The incidental trip limit will stay 500 lb 
(226.8 kg) (live weight), and the recreational catch limit will remain 
eight fish per angler per trip. Annual IFQ allocations will be issued 
to individual quota shareholders in mid-October, ahead of the November 
1 start of the fishing year.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), the NMFS 
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 is exempt from the procedures of E.O. 12866 
because this action contains no implementing regulations.
    The Council prepared a draft EA for this action that analyzes the 
impacts of this proposed rule. The EA includes an initial regulatory 
flexibility analysis (IRFA), as required by section 603 of the 
Regulatory Flexibility Act (RFA), which is supplemented by information 
contained in the preamble of this proposed rule. The IRFA was prepared 
to further evaluate the economic impacts of the various alternatives 
presented in this document on small business entities. A description of 
the specifications, why they are being considered, and the legal basis 
for this action are contained at the beginning of this section and in 
the preamble to this proposed rule. A copy of the detailed RFA analysis 
is available from the Council (see ADDRESSES). A summary of the 2018-
2020 golden tilefish specifications RFA analysis follows.

Description of the Reasons Why Action Is Being Considered

    This action proposes management measures, including annual catch 
limits and commercial quotas, for the 2018-2020 golden tilefish 
fishery. The measures are consistent with the best scientific 
information available and the

[[Page 42268]]

most recent catch limit recommendations of the Council's SSC to prevent 
overfishing and achieve optimum yield in the fishery. The golden 
tilefish fishery successfully functions under an IFQ management 
program, which provides substantial benefits to fishery participants, 
and requires the annual specification of quotas. Another critical 
function of this action is to prevent overfishing and obtain the 
optimal yield, as mentioned earlier.

Statement of the Objectives of, and Legal Basis for, This Proposed Rule

    This action is taken under the authority of the Magnuson-Stevens 
Act and regulations at 50 CFR part 648. A complete description of the 
action, why it is being considered, and the legal basis for this action 
are contained in the specifications document, and elsewhere in the 
preamble to this proposed rule, and are not repeated here.

Description and Estimate of the Number of Small Entities to Which This 
Proposed Rule Would Apply

    This proposed rule affects small entities engaged in commercial 
fishing operations with Federal tilefish permits. For the purposes of 
the RFA analysis, the ownership entities (or firms), not the individual 
vessels, are considered to be the regulated entities. Ownership 
entities are defined as those entities or firms with common ownership 
personnel as listed on the permit application. Because of this, some 
vessels with golden tilefish permits may be considered to be part of 
the same firm because they may have the same owners. To identify these 
small and large firms, vessel ownership data from the permit database 
were grouped according to common owners and sorted by size. In terms of 
RFA, a business primarily engaged in commercial fishing is classified 
as a small business if it has combined annual receipts not in excess of 
$11 million, for all its affiliated operations worldwide. The current 
ownership data set used for this analysis is based on calendar year 
2016 (the most recent complete year available) and contains average 
gross sales associated with those permits for calendar years 2014 
through 2016. According to the commercial ownership database, 148 
affiliate firms landed golden tilefish during the 2014-2016 period, 
with 145 of those business affiliates categorized as small business and 
three categorized as large business.

Description of the Projected Reporting, Record-Keeping, and Other 
Compliance Requirements of This Proposed Rule

    There are no new reporting or recordkeeping requirements contained 
in any of the alternatives considered for this action.

Federal Rules Which May Duplicate, Overlap, or Conflict With This 
Proposed Rule

    NMFS is not aware of any relevant Federal rules that may duplicate, 
overlap, or conflict with this proposed rule.

Description of Significant Alternatives to the Proposed Action Which 
Accomplish the Stated Objectives of Applicable Statutes and Which 
Minimize Any Significant Economic Impact on Small Entities

    This action proposes to set a commercial golden tilefish quota of 
1.626 million lb (738 mt)--1.554 million lb (705 mt) of IFQ, 72,397 lb 
(33 mt) of incidental--for 2018-2020. Under this preferred alternative 
(Alternative 1), it is expected that the overall revenue reduction 
would be less than one percent for the approximately 145 small entities 
impacted by the decrease in golden tilefish quota when compared to 
average revenues generated during the 2014-2016 period. There is the 
possibility of an increase in the price for golden tilefish given the 
potential decrease in landings, which could mitigate some of the 
revenue loss associated with lower quotas, but is not guaranteed. 
Industry members have indicated that having consistent quota levels 
from year to year is favorable, and translates into price and supply 
stability in the fishery.
    There were two alternatives (Alternative 2 and Alternative 3) to 
the proposed action (Alternative 1) considered by the Council. 
Alternative 2 is the status quo alternative, and maintains the previous 
year's commercial quotas of 1.793 million lb (813 mt) for the IFQ 
fishery and 94,357 lb (43 mt) for the incidental fishery (total 
commercial quota of 1.887 million lb or 856 mt). Under this 
alternative, commercial landings and revenues for golden tilefish would 
be expected to be the same relative to 2017.
    Alternative 3 would set 2018-2020 commercial golden tilefish quotas 
at 1.505 million lb (683 mt), 1.717 million lb (779 mt), and 1.657 
million lb (752 mt), respectively. While they represent similar overall 
quota reductions over the three-year period, Alternative 3 is non-
preferred to Alternative 1 because of its inconsistency in the annual 
quotas, which could lead to instability in pricing and supply in the 
fishery.
    The Council recommended these proposed specifications (Alternative 
1) over Alternatives 2 and 3 to satisfy the Magnuson-Stevens Act 
requirements to ensure fish stocks are not subject to overfishing, 
while allowing quota stability, which the tilefish industry considers 
important in order to promote stability in price and supply in the 
marketplace. Alternative 2 was not recommended by the Council because 
it would exceed the catch level recommendations of the Council's SSC, 
and would be inconsistent with the requirements of the Magnuson-Stevens 
Act. Alternative 3 was not selected because it would not support the 
consistency of quota/landings from year to year that the tilefish 
industry considers important to maintaining price and supply stability 
in this fishery. NMFS agrees with the Council's IRFA analysis and 
rationale for recommending these catch limits. As such, NMFS is 
proposing to implement the Council's preferred ABCs, ACLs, ACTs, and 
commercial quotas, as presented in Table 1 of this proposed rule's 
preamble.

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

    Dated: August 31, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2017-18958 Filed 9-6-17; 8:45 am]
 BILLING CODE 3510-22-P



                                                 42266               Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Proposed Rules

                                                 Notice 2 and a Final Regulatory                         DEPARTMENT OF COMMERCE                   and will generally be posted for public
                                                 Flexibility Analysis (FRFA) in                                                                   viewing on www.regulations.gov
                                                 connection with the 700 MHz Second                      National Oceanic and Atmospheric         without change. All personal identifying
                                                 Report and Order.3 While no                             Administration                           information (e.g., name, address, etc.),
                                                 commenter directly responded to the                                                              confidential business information, or
                                                 IRFA, the FRFA addressed concerns                       50 CFR Part 648                          otherwise sensitive information
                                                 about the impact on small business of                   [Docket No. 170717675–7675–01]           submitted voluntarily by the sender will
                                                 the KWYS rules. The IRFA and FRFA                                                                be publicly accessible. NMFS will
                                                 set forth the need for and objectives of                RIN 0648–XF571                           accept anonymous comments (enter ‘‘N/
                                                 the Commission’s rules for the KWYS                                                              A’’ in the required fields if you wish to
                                                 rules; the legal basis for those rules, a               Fisheries of the Northeastern United     remain anonymous).
                                                 description and estimate of the number                  States; Golden Tilefish Fishery; 2018       A draft environmental assessment
                                                 of small entities to which the rules                    and Projected 2019–2020                  (EA) has been prepared for this action
                                                 apply; a description of projected                       Specifications                           that describes the proposed measures
                                                 reporting, recordkeeping, and other                     AGENCY: National Marine Fisheries        and other considered alternatives, as
                                                 compliance requirements for small                       Service (NMFS), National Oceanic and     well as provides an analysis of the
                                                 entities; steps taken to minimize the                   Atmospheric Administration (NOAA),       impacts of the proposed measures and
                                                 significant economic impact on small                    Commerce.                                alternatives. Copies of the specifications
                                                 entities and significant alternatives                                                            document, including the EA and the
                                                                                                         ACTION: Proposed rule; request for
                                                 considered; and a statement that there                                                           Initial Regulatory Flexibility Analysis
                                                                                                         comments.
                                                 are no federal rules that may duplicate,                                                         (IRFA), are available on request from Dr.
                                                 overlap, or conflict with the rules. The                SUMMARY: NMFS proposes specifications Christopher M. Moore, Executive
                                                 proposals in this document do not                       for the 2018 commercial golden tilefish  Director, Mid-Atlantic Fishery
                                                 change any of those descriptions.                       fishery and projected specifications for Management Council, Suite 201, 800
                                                   This document does, however, detail                   2019 and 2020. The proposed action is    North State Street, Dover, DE 19901.
                                                 proposed procedures for implementing                    intended to establish allowable harvest  These documents are also accessible via
                                                 those rules. Therefore, this document                   levels and other management measures     the Internet at http://www.mafmc.org.
                                                 seeks comment on how the proposals in                   to prevent overfishing while allowing    FOR FURTHER INFORMATION CONTACT:
                                                 this document could affect either the                   optimum yield, consistent with the       Cynthia Hanson, Fishery Management
                                                 IRFA or the FRFA. Such comments                         Magnuson-Stevens Fishery                 Specialist, (978) 281–9180.
                                                 must be filed in accordance with the                    Conservation and Management Act and      SUPPLEMENTARY INFORMATION:
                                                 same filing deadlines for responses to                  the Tilefish Fishery Management Plan.
                                                 this document and have a separate and                   It is also intended to inform the public Background
                                                 distinct heading designating them as                    of these proposed specifications for the    The golden tilefish fishery is managed
                                                 responses to the IRFA and FRFA.                         2018 fishing year and projected          by the Mid-Atlantic Fishery
                                                                                                         specifications for 2019–2020.            Management Council under the Tilefish
                                                 Initial Paperwork Reduction Act
                                                                                                         DATES: Comments must be received by      Fishery Management Plan (FMP), which
                                                 Analysis
                                                                                                         5 p.m. local time, on September 22,      outlines the Council’s process for
                                                    The document contains proposed new                   2017.                                    establishing annual specifications. The
                                                 information collection requirements.                                                             FMP requires the Council to recommend
                                                                                                         ADDRESSES: You may submit comments
                                                 The Commission, as part of its                                                                   acceptable biological catch (ABC),
                                                                                                         on this document, identified by NOAA– annual catch limit (ACL), annual catch
                                                 continuing effort to reduce paperwork                   NMFS–2017–0091, by either of the
                                                 burdens, invites the general public and                                                          target (ACT), total allowable landings
                                                                                                         following methods:                       (TAL), and other management measures,
                                                 OMB to comment on the information                          ELECTRONIC SUBMISSION: Submit
                                                 collection requirements contained in                                                             for up to three years at a time. The
                                                                                                         all electronic public comments via the   directed fishery is managed under an
                                                 this document, as required by PRA. In                   Federal e-Rulemaking Portal.
                                                 addition, pursuant to the Small                                                                  individual fishing quota (IFQ) program,
                                                                                                            1. Go to www.regulations.gov/         with small amounts of non-IFQ catch
                                                 Business Paperwork Relief Act of 2002,                  #!docketDetail;D=NOAA-NMFS-2017-
                                                 Public Law 107–198, see 44 U.S.C.                                                                allowed under an incidental permit. The
                                                                                                         0091,                                    Council’s Scientific and Statistical
                                                 3506(c)(4), the Commission seeks                           2. Click the ‘‘Comment Now!’’ icon,
                                                 specific comment on how it might                                                                 Committee (SSC) provides an ABC
                                                                                                         complete the required fields.            recommendation to the Council to
                                                 ‘‘further reduce the information                           3. Enter or attach your comments.
                                                 collection burden for small business                                                             derive these catch limits. The Council
                                                 concerns with fewer than 25                             - OR -                                   makes recommendations to NMFS that
                                                 employees.’’                                               MAIL: Submit written comments to      cannot exceed the recommendation of
                                                                                                         John Bullard, Regional Administrator,    its SSC. The Council’s
                                                 Federal Communications Commission.
                                                                                                         National Marine Fisheries Service, 55    recommendations must include
                                                 Nese Guendelsberger,                                    Great Republic Drive, Gloucester, MA     supporting documentation concerning
                                                 Senior Deputy Bureau Chief, Wireless                    01930. Mark the outside of the           the environmental, economic, and social
                                                 Telecommunications Bureau.                              envelope: ‘‘Comments on the Proposed     impacts of the recommendations. We
pmangrum on DSK3GDR082PROD with PROPOSALS




                                                 [FR Doc. 2017–18987 Filed 9–6–17; 8:45 am]              Rule for Golden Tilefish                 are responsible for reviewing these
                                                 BILLING CODE 6712–01–P                                  Specifications.’’                        recommendations to ensure that they
                                                                                                            INSTRUCTIONS: Comments sent by        achieve the FMP objectives and are
                                                    2 Service Rules for 698–746, 747–762, and 777–
                                                                                                         any other method, to any other address   consistent with all applicable laws, and
                                                 792 MHz Bands et al., Report and Order and              or individual, or received after the end may modify them if they do not.
                                                 Further Notice of Proposed Rulemaking, 22 FCC
                                                 Rcd 8064, 8212 (2007) (700 MHz Further Notice).         of the comment period, may not be        Following review, NMFS publishes the
                                                    3 700 MHz Second Report and Order, 22 FCC Rcd        considered by NMFS. All comments         final specifications in the Federal
                                                 at 15542.                                               received are part of the public record   Register.


                                            VerDate Sep<11>2014   15:40 Sep 06, 2017   Jkt 241001   PO 00000   Frm 00006   Fmt 4702   Sfmt 4702   E:\FR\FM\07SEP1.SGM   07SEP1


                                                                            Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Proposed Rules                                                      42267

                                                   In January 2014, the 58th Northeast                                 specifications for the golden tilefish                  (705 mt) is a 13-percent reduction from
                                                 Stock Assessment Workshop (SAW)                                       fishery, and submitted its recommended                  2017, and the incidental quota of 72,397
                                                 declared the golden tilefish stock rebuilt                            specifications to us on July 5, 2017. A                 lb (33 mt) is a 23-percent reduction. The
                                                 and concluded that overfishing is not                                 summary of the Council’s recommended                    proposed incidental sector typically
                                                 occurring. A stock assessment update                                  specifications is shown below in Table                  lands less than half of its allocated
                                                 with data through 2016 is currently in                                1.                                                      quota each year, so this larger reduction
                                                 development, but the 58th SAW is still                                                                                        is unlikely to have a significant impact.
                                                 the most up to date and best available                                Proposed Specifications
                                                                                                                                                                               As golden tilefish are not overfished or
                                                 science for the Council to use in its                                   The Council’s recommendations are                     experiencing overfishing, the reduction
                                                 decision-making on these golden tilefish                              consistent with the SSC’s recommended
                                                                                                                                                                               in the quotas is a result of the SSC
                                                 specifications. Based on this report, and                             ABCs, and represent a reduction in ABC
                                                                                                                                                                               applying the Council’s risk policy to the
                                                 the ABC recommendations made by the                                   and overall commercial quota from 2017
                                                                                                                                                                               most recent assessment outputs to
                                                 Council’s SSC, the Council took final                                 to ensure overfishing does not occur.
                                                 action April 2017 on 2018–2020 quota                                  The proposed IFQ quota of 1,554,038 lb                  derive its ABC recommendation.

                                                                                          TABLE 1—SUMMARY OF RECOMMENDED GOLDEN TILEFISH SPECIFICATIONS
                                                                                                                                 2018                                   2019                                 2020

                                                                                                                    million lb             mt              million lb             mt            million lb          mt

                                                 Overfishing Limit ......................................                    2.332              1,058              2.421               1,098           2.291             1,039
                                                 ABC ..........................................................              1.636                742              1.636                 742           1.636               742
                                                 ACL ..........................................................              1.636                742              1.636                 742           1.636               742
                                                 IFQ ACT ...................................................                 1.554                705              1.554                 705           1.554               705
                                                 Incidental ACT .........................................                    0.082                 37              0.082                  37           0.082                37
                                                 IFQ TAL ...................................................                 1.554                705              1.554                 705           1.554               705
                                                 Incidental TAL ..........................................                   0.072                 33              0.072                  33           0.072                33
                                                 IFQ Quota ................................................                  1.554                705              1.554                 705           1.554               705
                                                 Incidental Quota .......................................                    0.072                 33              0.072                  33           0.072                33



                                                    As in recent years, the Council                                    constant landings strategy since 2001.                  Magnuson-Stevens Act, and other
                                                 recommended ABC=ACL=ACT. The                                          Continuing this strategy, the Council                   applicable law, subject to further
                                                 TAL is derived by deducting anticipated                               opted to recommend the same quota for                   consideration after public comment.
                                                 discards of tilefish from the ACT. Under                              the 2018–2020 period, with the                             This proposed rule is exempt from the
                                                 the FMP, 95 percent of the TAL is                                     understanding that the specifications                   procedures of E.O. 12866 because this
                                                 allocated for the IFQ fishery, and the                                will be reviewed on an annual basis. We                 action contains no implementing
                                                 remaining 5 percent is allocated for the                              are proposing the 2018 specifications                   regulations.
                                                 incidental fishery. Prior to 2018, ACTs                               along with the projected specifications                    The Council prepared a draft EA for
                                                 and TALs were specified at the overall                                for 2019 and 2020 so that the public is                 this action that analyzes the impacts of
                                                 commercial level, with the IFQ fishery                                aware of the likely values for those                    this proposed rule. The EA includes an
                                                 and incidental fishery combined.                                      years. We will publish a notice in the                  initial regulatory flexibility analysis
                                                 Framework Adjustment 2 to the Tilefish                                Federal Register prior to each fishing                  (IRFA), as required by section 603 of the
                                                 FMP is being developed concurrently                                   year to confirm or announce any                         Regulatory Flexibility Act (RFA), which
                                                 with these specifications, and modifies                               necessary changes to the specifications                 is supplemented by information
                                                 this system to allow discards to be                                   for 2019 and 2020. The Council did not                  contained in the preamble of this
                                                 deducted from the specific component                                  recommend changes to other regulations                  proposed rule. The IRFA was prepared
                                                 of the commercial sector (IFQ fishery or                              for this fishery. We propose, based on                  to further evaluate the economic
                                                 incidental fishery) where they were                                   this recommendation, that all other                     impacts of the various alternatives
                                                 generated. The Council made                                           management measures in the golden                       presented in this document on small
                                                 recommendations based on the new                                      tilefish fishery will remain unchanged                  business entities. A description of the
                                                 process being developed under                                         for the 2018–2020 fishing years. The                    specifications, why they are being
                                                 Framework 2, so that IFQ and incidental                               incidental trip limit will stay 500 lb                  considered, and the legal basis for this
                                                 specific category discards are used,                                  (226.8 kg) (live weight), and the                       action are contained at the beginning of
                                                 allowing for more specific adjustments                                recreational catch limit will remain                    this section and in the preamble to this
                                                 to the commercial sector. This also                                   eight fish per angler per trip. Annual                  proposed rule. A copy of the detailed
                                                 divides the ACT and TAL between IFQ                                   IFQ allocations will be issued to                       RFA analysis is available from the
                                                 and incidental categories within the                                  individual quota shareholders in mid-                   Council (see ADDRESSES). A summary of
                                                 specifications. Framework 2 is still in                               October, ahead of the November 1 start                  the 2018–2020 golden tilefish
                                                 development, and a proposed rule                                      of the fishing year.                                    specifications RFA analysis follows.
pmangrum on DSK3GDR082PROD with PROPOSALS




                                                 outlining the new measures is expected
                                                 soon. Because Framework 2 will be                                     Classification                                          Description of the Reasons Why Action
                                                 implemented before this action is                                       Pursuant to section 304(b)(1)(A) of the               Is Being Considered
                                                 finalized, we are proposing to use the                                Magnuson Stevens Fishery Conservation                     This action proposes management
                                                 Framework 2 measures for the 2018–                                    and Management Act (Magnuson-                           measures, including annual catch limits
                                                 2020 specifications.                                                  Stevens Act), the NMFS Assistant                        and commercial quotas, for the 2018–
                                                    The golden tilefish industry strongly                              Administrator has determined that this                  2020 golden tilefish fishery. The
                                                 supports consistency in annual harvest                                proposed rule is consistent with the                    measures are consistent with the best
                                                 quotas, and has operated under a                                      Tilefish FMP, other provisions of the                   scientific information available and the


                                            VerDate Sep<11>2014        15:40 Sep 06, 2017         Jkt 241001      PO 00000   Frm 00007   Fmt 4702   Sfmt 4702   E:\FR\FM\07SEP1.SGM    07SEP1


                                                 42268               Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Proposed Rules

                                                 most recent catch limit                                 2014 through 2016. According to the                   maintains the previous year’s
                                                 recommendations of the Council’s SSC                    commercial ownership database, 148                    commercial quotas of 1.793 million lb
                                                 to prevent overfishing and achieve                      affiliate firms landed golden tilefish                (813 mt) for the IFQ fishery and 94,357
                                                 optimum yield in the fishery. The                       during the 2014–2016 period, with 145                 lb (43 mt) for the incidental fishery
                                                 golden tilefish fishery successfully                    of those business affiliates categorized              (total commercial quota of 1.887 million
                                                 functions under an IFQ management                       as small business and three categorized               lb or 856 mt). Under this alternative,
                                                 program, which provides substantial                     as large business.                                    commercial landings and revenues for
                                                 benefits to fishery participants, and                                                                         golden tilefish would be expected to be
                                                                                                         Description of the Projected Reporting,
                                                 requires the annual specification of                                                                          the same relative to 2017.
                                                                                                         Record-Keeping, and Other Compliance
                                                 quotas. Another critical function of this                                                                        Alternative 3 would set 2018–2020
                                                                                                         Requirements of This Proposed Rule
                                                 action is to prevent overfishing and                                                                          commercial golden tilefish quotas at
                                                 obtain the optimal yield, as mentioned                    There are no new reporting or                       1.505 million lb (683 mt), 1.717 million
                                                 earlier.                                                recordkeeping requirements contained                  lb (779 mt), and 1.657 million lb (752
                                                                                                         in any of the alternatives considered for             mt), respectively. While they represent
                                                 Statement of the Objectives of, and                     this action.                                          similar overall quota reductions over the
                                                 Legal Basis for, This Proposed Rule
                                                                                                         Federal Rules Which May Duplicate,                    three-year period, Alternative 3 is non-
                                                    This action is taken under the                                                                             preferred to Alternative 1 because of its
                                                                                                         Overlap, or Conflict With This Proposed
                                                 authority of the Magnuson-Stevens Act                                                                         inconsistency in the annual quotas,
                                                                                                         Rule
                                                 and regulations at 50 CFR part 648. A                                                                         which could lead to instability in
                                                 complete description of the action, why                   NMFS is not aware of any relevant                   pricing and supply in the fishery.
                                                 it is being considered, and the legal                   Federal rules that may duplicate,                        The Council recommended these
                                                 basis for this action are contained in the              overlap, or conflict with this proposed               proposed specifications (Alternative 1)
                                                 specifications document, and elsewhere                  rule.                                                 over Alternatives 2 and 3 to satisfy the
                                                 in the preamble to this proposed rule,                                                                        Magnuson-Stevens Act requirements to
                                                                                                         Description of Significant Alternatives
                                                 and are not repeated here.                                                                                    ensure fish stocks are not subject to
                                                                                                         to the Proposed Action Which
                                                 Description and Estimate of the Number                  Accomplish the Stated Objectives of                   overfishing, while allowing quota
                                                 of Small Entities to Which This                         Applicable Statutes and Which                         stability, which the tilefish industry
                                                 Proposed Rule Would Apply                               Minimize Any Significant Economic                     considers important in order to promote
                                                                                                         Impact on Small Entities                              stability in price and supply in the
                                                    This proposed rule affects small                                                                           marketplace. Alternative 2 was not
                                                 entities engaged in commercial fishing                     This action proposes to set a                      recommended by the Council because it
                                                 operations with Federal tilefish permits.               commercial golden tilefish quota of                   would exceed the catch level
                                                 For the purposes of the RFA analysis,                   1.626 million lb (738 mt)—1.554 million               recommendations of the Council’s SSC,
                                                 the ownership entities (or firms), not the              lb (705 mt) of IFQ, 72,397 lb (33 mt) of              and would be inconsistent with the
                                                 individual vessels, are considered to be                incidental—for 2018–2020. Under this                  requirements of the Magnuson-Stevens
                                                 the regulated entities. Ownership                       preferred alternative (Alternative 1), it is          Act. Alternative 3 was not selected
                                                 entities are defined as those entities or               expected that the overall revenue                     because it would not support the
                                                 firms with common ownership                             reduction would be less than one                      consistency of quota/landings from year
                                                 personnel as listed on the permit                       percent for the approximately 145 small               to year that the tilefish industry
                                                 application. Because of this, some                      entities impacted by the decrease in                  considers important to maintaining
                                                 vessels with golden tilefish permits may                golden tilefish quota when compared to                price and supply stability in this
                                                 be considered to be part of the same                    average revenues generated during the                 fishery. NMFS agrees with the Council’s
                                                 firm because they may have the same                     2014–2016 period. There is the                        IRFA analysis and rationale for
                                                 owners. To identify these small and                     possibility of an increase in the price for           recommending these catch limits. As
                                                 large firms, vessel ownership data from                 golden tilefish given the potential                   such, NMFS is proposing to implement
                                                 the permit database were grouped                        decrease in landings, which could                     the Council’s preferred ABCs, ACLs,
                                                 according to common owners and sorted                   mitigate some of the revenue loss                     ACTs, and commercial quotas, as
                                                 by size. In terms of RFA, a business                    associated with lower quotas, but is not              presented in Table 1 of this proposed
                                                 primarily engaged in commercial fishing                 guaranteed. Industry members have                     rule’s preamble.
                                                 is classified as a small business if it has             indicated that having consistent quota
                                                                                                                                                                 Authority: 16 U.S.C. 1801 et seq.
                                                 combined annual receipts not in excess                  levels from year to year is favorable, and
                                                 of $11 million, for all its affiliated                  translates into price and supply stability              Dated: August 31, 2017.
                                                 operations worldwide. The current                       in the fishery.                                       Samuel D. Rauch III,
                                                 ownership data set used for this analysis                  There were two alternatives                        Deputy Assistant Administrator for
                                                 is based on calendar year 2016 (the most                (Alternative 2 and Alternative 3) to the              Regulatory Programs, National Marine
                                                 recent complete year available) and                     proposed action (Alternative 1)                       Fisheries Service.
                                                 contains average gross sales associated                 considered by the Council. Alternative 2              [FR Doc. 2017–18958 Filed 9–6–17; 8:45 am]
                                                 with those permits for calendar years                   is the status quo alternative, and                    BILLING CODE 3510–22–P
pmangrum on DSK3GDR082PROD with PROPOSALS




                                            VerDate Sep<11>2014   15:40 Sep 06, 2017   Jkt 241001   PO 00000   Frm 00008   Fmt 4702   Sfmt 9990   E:\FR\FM\07SEP1.SGM   07SEP1



Document Created: 2017-09-07 02:01:26
Document Modified: 2017-09-07 02:01:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; request for comments.
DatesComments must be received by 5 p.m. local time, on September 22, 2017.
ContactCynthia Hanson, Fishery Management Specialist, (978) 281-9180.
FR Citation82 FR 42266 
RIN Number0648-XF57

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR