82 FR 48967 - Fisheries of the Northeastern United States; Framework 2 to the Tilefish Fishery Management Plan
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 203 (October 23, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 203 (October 23, 2017)
| Page Range | 48967-48970 | |
| FR Document | 2017-22750 |
[Federal Register Volume 82, Number 203 (Monday, October 23, 2017)] [Proposed Rules] [Pages 48967-48970] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22750] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 160229159-7990-01] RIN 0648-BF85 Fisheries of the Northeastern United States; Framework 2 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. ----------------------------------------------------------------------- SUMMARY: NMFS proposes regulations to implement Framework Adjustment 2 to the Tilefish Fishery Management Plan. Framework Adjustment 2 was developed by the Mid-Atlantic Fishery Management Council to improve and simplify the administration of the golden tilefish fishery. These changes include removing an outdated reporting requirement, proscribing allowed gear for the recreational fishery, modifying the commercial incidental possession limit, requiring commercial golden tilefish be landed with the head and fins attached, and revising how assumed discards are accounted for when setting harvest limits. DATES: Comments must be received on or before November 7, 2017. ADDRESSES: You may submit comments, identified by NOAA-NMFS-2016-0024, 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-2016-0024, 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 Tilefish Framework 2.'' 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. Written comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this proposed rule may be submitted to the Greater Atlantic Regional Fisheries Office and by email to [email protected], or fax to (202) 395-7285. Copies of Framework 2, 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, [email protected]. SUPPLEMENTARY INFORMATION: Background This action proposes regulations to implement Framework Adjustment 2 to the Tilefish Fishery Management Plan (FMP). The Mid-Atlantic Fishery Management Council developed this framework to improve and simplify management measures for the golden 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 proposed management measures contained in Framework 2 are summarized below, with additional information and analysis are provided in the EA (see ADDRESSES). The Council's original FMP for the golden tilefish fishery became effective in 2001 (66 FR 49136; September 26, 2001). The FMP established Total Allowable Landings (TAL) as the primary control on fishing mortality, and implemented a limited entry program with a tiered commercial quota allocation of the TAL. Amendment 1 to the FMP replaced the previous management system with an individual fishing quota (IFQ) system that allocated the TAL to individual quota shareholders rather than different permit categories (74 FR 42580; August 24, 2009). The Council developed this action to address several minor issues and inefficiencies that have been identified since the implementation of the IFQ system. Proposed Framework Adjustment 2 Measures Interactive Voice Response System (IVR) Reporting Requirement Removal Commercial fishing vessels that land golden tilefish under the IFQ system are currently required to report each trip within 48 hours of landing through our IVR system. The Council originally created this reporting requirement when the fishery was managed under three permit categories, each with a sector-specific annual landings limit. The IVR system provided timely landing reports to track quota use and allowed managers to close a permit category if the annual landings cap was reached. When the Council changed the management of the fishery to an IFQ system, it retained the IVR system to allow additional monitoring of landings. Improvements in electronic dealer-reported landings and other data streams have rendered this IVR report redundant, and the data are no longer used to monitor quotas. We propose to eliminate this unnecessary reporting requirement. Recreational Fishing Gear Limit In recent years, there have been reports of recreational fishermen using ``mini-longline'' gear with a large number of hooks to target tilefish. The Council is concerned the use of this gear could result in dead discards if fishermen catch more than the eight-fish per person bag limit using this type of gear setup. The Magnuson-Stevens Act list of authorized gear types at 50 CFR 600.75(v) already restricts the recreational fishery to rod and reel and spear gear. However, to avoid any potential confusion and clarify the amount of gear allowed, the Council has recommended and we propose that rod and reel with a maximum of five hooks per rod should be the only authorized recreational tilefish gear for use in the Mid-Atlantic. Anglers could use either a manual or electric reel. Commercial Golden Tilefish Landing Condition The commercial tilefish fishery typically lands fish in a head-on, gutted condition. However, quotas and possession limits are in whole (round) weight. This requires the fishing industry to use a conversion factor to change landed weight to whole weight to comply with incidental possession limits and IFQ allocations. We proposed [[Page 48968]] to require commercially caught golden tilefish to be landed with the head and fins attached, although they could be gutted. By requiring this, we can more reliably specify and monitor landing limits and quotas without requiring any conversion. This would simplify catch accounting and improve compliance for individuals participating in the commercial tilefish fishery. Commercial Golden Tilefish Possession Limit When the Council created the tilefish IFQ system, it allocated a separate quota and commercial possession limit of 500 pounds (lb) (227 kilograms (kg)) to allow small landings of tilefish caught by non-IFQ vessels targeting other species. In recent years, there have been increasing reports of non-IFQ vessels specifically targeting golden tilefish to land the maximum commercial incidental possession limit. In an effort to ensure that the incidental fishery functions as originally intended, the Council approved changes to the commercial possession limit to ensure that vessels are targeting species other than golden tilefish. Through this action, we propose to modify the commercial golden tilefish landing limit to 500 lb (227 kg) or 50 percent, by weight, of all fish on board the vessel, whichever is less. Individual Fishing Quota (IFQ) Authorized Vessels Tilefish IFQ allocation holders may authorize one or more vessels to land tilefish under their allocation. All golden tilefish landed by those vessels are then deducted from that allocation. We do not currently have a mechanism for a vessel to attribute golden tilefish landings from a single trip to more than one IFQ allocation. To create such a system would increase reporting burden on vessels and dealers, and add complexity to the IFQ accounting and cost recovery systems. In order to maintain simple and efficient administration of the IFQ fishery, we propose prohibiting a vessel from being authorized to land tilefish under multiple IFQ allocations on the same trip. A vessel could still change IFQ allocations over the course of the year while only being authorized by one IFQ allocation at a time. In addition, IFQ allocation holders could lease quota to maintain flexibility in harvesting their allocation. Assumed Discards in Quota-Setting Process The current process for setting annual specifications for the golden tilefish fishery deducts assumed discards of golden tilefish from the Annual Catch Target (ACT) to generate the TALs. The incidental sector is then allocated 5 percent of the TAL and the remaining 95 percent of the TAL is divided among the IFQ shareholders based on their individual quota holdings. However, discarding golden tilefish is prohibited in the IFQ fishery. As a result, observed discards are almost entirely from the incidental sector of the fishery. We propose to adjust the specification process to allocate the ACT between the incidental and IFQ sectors of the fishery using the 5- and 95-percent split. Sector-specific assumed discards would then be deducted to establish sector-specific TALs. The IFQ TAL would be allocated to the individual IFQ shareholders. This change would likely result in a lower TAL for the incidental fishery compared to the current system. However, the amount of golden tilefish discards is small and the incidental fishery typically lands 40 to 50 percent of the TAL. Therefore, this proposed change is not expected to negatively impact the incidental fishery. 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 Framework 2. Classification Pursuant to section 304(b)(1)(A) of the 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 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 Regulatory Flexibility Act purposes, the NMFS has established a size standard for small 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 small 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 defining for-hire fishing firms (NAICS code 487210) as small when their receipts are less than $7.5 million. Using these definitions, during the 2013-2015 period, there are 4 large and 158 small commercial fishing entities that landed golden tilefish, and 210 small recreational for-hire firms that had a tilefish charter/party permit. During 2013-2015, the 158 small commercial fishing entities had average annual receipts of $871,966, while their golden tilefish revenues averaged $35,068. Over the same period, the 210 small recreational for-hire firms had average annual receipts of $138,380 from all charter/party fishing activity for all species combined. Revenue data were not available by species, so it is not possible to determine how much is attributable to golden tilefish verses the numerous other fish species those recreational for-hire vessels may target. The proposed management measures are not expected to change the amount of fishing effort or the spatial and/or temporal distribution of fishing effort in the tilefish fishery. These proposed changes would improve the management of the fishery, but have limited impact on the operation of the fishery. Some of the proposed measures would codify how the fishery already operates, including landing commercial tilefish with the head attached, limiting IFQ vessels to fish for one IFQ allocation at a time, and limiting recreational fishing to rod and reel gear. The proposed change to the incidental commercial possession limit could reduce landings for some vessels. Analysis of data from 2011-2015 shows that for fishing trips that landed golden tilefish under the incidental possession limit, the tilefish comprised just 0.3 percent of the weight and 0.8 percent of the value of the total landings on those trips. The incidental landings of golden tilefish were approximately 34,000 lb (15,400 kg) worth $82,000 per year. If this proposed measure had been in place during that time, it would have prevented the landing of approximately 6,000 lb (2,700 kg) of golden tilefish worth $21,600 per year from trips where golden tilefish was more than 50 percent of the total catch. This reduction would have been spread over 28 fishing vessels that landed those trips, resulting in an average impact of less than $1,000 per vessel per year. Vessels potentially affected by this proposed measure may be able to offset [[Page 48969]] some of this impact by participating in another fishery. Given the low number of small entities involved in the tilefish fishery, and the small potential economic impact of the management measures proposed, this action will not have a ``significant economic impact on a substantial number of small entities.'' As a result, an initial regulatory flexibility analysis is not required and none has been prepared. This proposed rule would reduce a collection-of-information requirement subject to the Paperwork Reduction Act (PRA), which has been approved by OMB under control number 0648-0590. Public reporting burden for the IVR reporting requirement is estimated to average 2 minutes for each IVR response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The proposed change would remove this reporting burden. Send comments regarding this burden estimate, or any other aspect of this data collection, including suggestions for reducing the burden, to NMFS (see ADDRESSES) and by email to [email protected], or fax to (202) 395-7285. Notwithstanding any other provision of the law, no person is required to respond to, and no person shall be subject to penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB Control Number. List of Subjects in 50 CFR Part 648 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: October 16, 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. Sec. 648.7 [Amended] 0 2. In Sec. 648.7, paragraph (a)(2)(ii), is removed and reserved. 0 3. In Sec. 648.14, paragraphs (u)(2)(vi) and (viii) are revised and paragraph (u)(2)(ix) is added to read as follows: Sec. 648.14 Prohibitions. * * * * * (u) * * * (2) * * * (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)(3), unless fishing under a valid tilefish IFQ allocation permit as specified in Sec. 648.294(a), or engaged in recreational fishing. * * * * * (viii) Land or possess golden or 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. (ix) Engage in recreational fishing for golden tilefish with fishing gear that is not compliant with the gear restrictions specified at Sec. 648.296. 0 4. In Sec. 648.291, paragraph (a) introductory text and paragraph (a)(1) are 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 ACTs for the individual fishing quota (IFQ) and incidental sectors of the fishery 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) ACT Allocation. (i) The ACT shall be less than or equal to the ACL. (ii) 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. (iii) The Tilefish Monitoring Committee shall allocate 5 percent of the ACT to the incidental sector of the fishery and the remaining 95 percent to the individual fishing quota (IFQ) sector. * * * * * 0 5. In Sec. 648.292, paragraphs (a) through (d), are revised to read as follows: Sec. 648.292 Tilefish specifications. (a) 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) for the IFQ and/or incidental sectors of the fishery require modification to respond to any changes to the golden tilefish stock's biological reference points or to ensure any applicable 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 IFQ and/or incidental TAL will not be exceeded. Based on that review, the Monitoring Committee will recommend golden tilefish ACL, ACTs, and TALs 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 both the IFQ and the incidental sectors of the fishery 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 both the IFQ and the incidental sectors of the fishery, 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 for both the IFQ and the incidental sectors of the fishery. After considering public comments, NMFS will publish a final rule in the Federal Register to implement the golden tilefish ACL, ACTs, TALs and any management measures. The previous year's specifications will remain effective unless revised through the specification process and/or the [[Page 48970]] 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. (b) Total Allowable Landings (TAL). (1) The TALs for both the IFQ and the incidental sectors of the fishery for each fishing year will be specified pursuant to paragraph (a)(1) of this section. (2) The sum of the sector-specific TAL and the estimated sector- specific discards shall be less than or equal to the ACT for that sector of the fishery. (c) TAL allocation. For each fishing year, up to 3 percent of the incidental and IFQ TALs may be set aside for the purpose of funding research. The remaining IFQ TAL will be allocated to the individual IFQ permit holders as described in Sec. 648.294(a). (d) Adjustments to the quota. If the incidental harvest exceeds the incidental TAL for a given fishing year, the incidental trip limit specified at Sec. 648.295(a)(2) 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. 0 6. In Sec. 648.293, paragraph (a)(1), 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)(3). (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). 0 7. In Sec. 648.294, paragraph (b)(4), is revised to read as follows: Sec. 648.294 Golden tilefish individual fishing quota (IFQ) program. * * * * * (b) * * * (4) IFQ Vessel. (i) All Federal vessel permit numbers listed on the IFQ allocation permit are authorized to possess golden tilefish pursuant to the IFQ allocation permit. (ii) 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: (A) The vessel name and permit number, and (B) 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. (iii) A vessel listed on the IFQ allocation permit is authorized to possess golden tilefish pursuant to the subject permit, until the end of the fishing year or until NMFS receives written notification from the IFQ allocation permit holder to remove the vessel. (iv) A single vessel may not be listed on more than one IFQ allocation permit at the same time. (v) A copy of the IFQ allocation permit must be carried on board each vessel so authorized to possess IFQ golden tilefish. Sec. 648.295 [Amended] 0 8. Section 648.295 is amended by: 0 a. Revising the section heading; 0 b. Revising paragraphs (a) and (b); and 0 c. Adding paragraph (c). The addition and revisions to read as follows: Sec. 648.295 Tilefish commercial trip limits and landing condition. (a) Golden tilefish. (1) IFQ landings. Any golden tilefish landed by a vessel fishing under an IFQ allocation permit as specified at Sec. 648.294(a), on a given fishing trip, count as landings under the IFQ allocation permit. (2) Incidental trip limit for vessels not fishing under an IFQ allocation. Any vessel of the United States fishing under a tilefish vessel permit, as described at Sec. 648.4(a)(12), unless the vessel is fishing under a tilefish IFQ allocation permit, is prohibited from possessing more than: (i) 500 lb (226.8 kg) of golden tilefish at any time, or (ii) 50 percent, by weight, of the total of all species being landed; whichever is less. (3) 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. [Reserved] (c) Landing condition. Commercial golden or blueline tilefish must be landed with head and fins naturally attached, but may be gutted. 0 9. In Sec. 648.296, the section heading and paragraph (a) are revised to read as follows: Sec. 648.296 Tilefish recreational possession limits and gear restrictions. (a) Golden Tilefish. (1) 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. (2) Any vessel engaged in recreational fishing may not retain golden tilefish, unless exclusively using rod and reel fishing gear, with a maximum limit of five hooks per rod. Anglers may use either a manual or electric reel. [FR Doc. 2017-22750 Filed 10-20-17; 8:45 am] BILLING CODE 3510-22-P
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[FR Doc. 2017–22771 Filed 10–20–17; 8:45 am] All personal identifying information 24, 2009). The Council developed this
BILLING CODE 3510–22–P (e.g., name, address, etc.) voluntarily action to address several minor issues
submitted by the commenter may be and inefficiencies that have been
publicly accessible. Do not submit identified since the implementation of
DEPARTMENT OF COMMERCE confidential business information or the IFQ system.
otherwise sensitive or protected
National Oceanic and Atmospheric Proposed Framework Adjustment 2
information. NMFS will accept
Administration Measures
anonymous comments. Attachments to
electronic comments will be accepted Interactive Voice Response System (IVR)
50 CFR Part 648 via Microsoft Word, Microsoft Excel, Reporting Requirement Removal
[Docket No. 160229159–7990–01] WordPerfect, or Adobe PDF file formats Commercial fishing vessels that land
only. golden tilefish under the IFQ system are
RIN 0648–BF85 Written comments regarding the
currently required to report each trip
burden-hour estimates or other aspects
Fisheries of the Northeastern United within 48 hours of landing through our
of the collection-of-information
States; Framework 2 to the Tilefish IVR system. The Council originally
requirements contained in this proposed
Fishery Management Plan created this reporting requirement when
rule may be submitted to the Greater
the fishery was managed under three
AGENCY: National Marine Fisheries Atlantic Regional Fisheries Office and
permit categories, each with a sector-
Service (NMFS), National Oceanic and by email to OIRA_Submission@
specific annual landings limit. The IVR
Atmospheric Administration (NOAA), omb.eop.gov, or fax to (202) 395–7285.
system provided timely landing reports
Commerce. Copies of Framework 2, and of the
to track quota use and allowed managers
ACTION: Proposed rule; request for draft Environmental Assessment and
to close a permit category if the annual
comments. preliminary Regulatory Impact Review
landings cap was reached. When the
(EA/RIR), are available from the Mid-
Council changed the management of the
SUMMARY: NMFS proposes regulations to Atlantic Fishery Management Council,
fishery to an IFQ system, it retained the
implement Framework Adjustment 2 to 800 North State Street, Suite 201, Dover,
IVR system to allow additional
the Tilefish Fishery Management Plan. DE 19901. The EA/RIR is also accessible
monitoring of landings. Improvements
Framework Adjustment 2 was via the Internet at:
in electronic dealer-reported landings
developed by the Mid-Atlantic Fishery www.greateratlantic.fisheries.noaa.gov.
and other data streams have rendered
Management Council to improve and FOR FURTHER INFORMATION CONTACT: this IVR report redundant, and the data
simplify the administration of the Douglas Potts, Fishery Policy Analyst, are no longer used to monitor quotas.
golden tilefish fishery. These changes 978–281–9341, Douglas.Potts@noaa.gov. We propose to eliminate this
include removing an outdated reporting
SUPPLEMENTARY INFORMATION: unnecessary reporting requirement.
requirement, proscribing allowed gear
for the recreational fishery, modifying Background Recreational Fishing Gear Limit
the commercial incidental possession This action proposes regulations to In recent years, there have been
limit, requiring commercial golden implement Framework Adjustment 2 to reports of recreational fishermen using
tilefish be landed with the head and fins the Tilefish Fishery Management Plan ‘‘mini-longline’’ gear with a large
attached, and revising how assumed (FMP). The Mid-Atlantic Fishery number of hooks to target tilefish. The
discards are accounted for when setting Management Council developed this Council is concerned the use of this gear
harvest limits. framework to improve and simplify could result in dead discards if
DATES: Comments must be received on management measures for the golden fishermen catch more than the eight-fish
or before November 7, 2017. tilefish fishery in Federal waters north per person bag limit using this type of
ADDRESSES: You may submit comments, of the Virginia/North Carolina border, gear setup. The Magnuson-Stevens Act
identified by NOAA–NMFS–2016–0024, consistent with the requirements of the list of authorized gear types at 50 CFR
by either of the following methods: Magnuson-Stevens Fishery 600.75(v) already restricts the
• Electronic Submissions: Submit all Conservation and Management Act recreational fishery to rod and reel and
electronic public comments via the (Magnuson-Stevens Act). The proposed spear gear. However, to avoid any
Federal e-Rulemaking Portal. Go to management measures contained in potential confusion and clarify the
www.regulations.gov/ Framework 2 are summarized below, amount of gear allowed, the Council has
#!docketDetail;D=NOAA-NMFS-2016- with additional information and recommended and we propose that rod
0024, click the ‘‘Comment Now!’’ icon, analysis are provided in the EA (see and reel with a maximum of five hooks
complete the required fields, and enter ADDRESSES). per rod should be the only authorized
or attach your comments. The Council’s original FMP for the recreational tilefish gear for use in the
• Mail: John K. Bullard, Regional golden tilefish fishery became effective Mid-Atlantic. Anglers could use either a
Administrator, NMFS, Greater Atlantic in 2001 (66 FR 49136; September 26, manual or electric reel.
Regional Fisheries Office, 55 Great 2001). The FMP established Total
Republic Drive, Gloucester, MA 01930. Allowable Landings (TAL) as the Commercial Golden Tilefish Landing
Mark the outside of the envelope: primary control on fishing mortality, Condition
‘‘Comments on Tilefish Framework 2.’’ and implemented a limited entry The commercial tilefish fishery
jstallworth on DSKBBY8HB2PROD with PROPOSALS
Instructions: Comments sent by any program with a tiered commercial quota typically lands fish in a head-on, gutted
other method, to any other address or allocation of the TAL. Amendment 1 to condition. However, quotas and
individual, or received after the end of the FMP replaced the previous possession limits are in whole (round)
the comment period, may not be management system with an individual weight. This requires the fishing
considered by NMFS. All comments fishing quota (IFQ) system that allocated industry to use a conversion factor to
received are part of the public record the TAL to individual quota change landed weight to whole weight
and will generally be posted to shareholders rather than different to comply with incidental possession
www.regulations.gov without change. permit categories (74 FR 42580; August limits and IFQ allocations. We proposed
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![Federal Register / Vol. 82, No. 203 / Monday, October 23, 2017 / Proposed Rules 48969
some of this impact by participating in § 648.14 Prohibitions. § 648.292 Tilefish specifications.
another fishery. * * * * * (a) Annual specification process. The
Given the low number of small (u) * * * Tilefish Monitoring Committee shall
entities involved in the tilefish fishery, (2) * * * review the ABC recommendation of the
and the small potential economic (vi) Land or possess golden tilefish in SSC, golden tilefish landings and
impact of the management measures or from the Tilefish Management Unit, discards information, and any other
proposed, this action will not have a on a vessel issued a valid tilefish permit relevant available data to determine if
‘‘significant economic impact on a under this part, after the incidental the golden tilefish ACL, ACT, or total
substantial number of small entities.’’ golden tilefish fishery is closed allowable landings (TAL) for the IFQ
As a result, an initial regulatory pursuant to § 648.295(a)(3), unless and/or incidental sectors of the fishery
flexibility analysis is not required and fishing under a valid tilefish IFQ require modification to respond to any
none has been prepared. allocation permit as specified in changes to the golden tilefish stock’s
This proposed rule would reduce a § 648.294(a), or engaged in recreational biological reference points or to ensure
collection-of-information requirement fishing. any applicable rebuilding schedule is
subject to the Paperwork Reduction Act maintained. The Monitoring Committee
(PRA), which has been approved by * * * * *
will consider whether any additional
OMB under control number 0648–0590. (viii) Land or possess golden or
management measures or revisions to
Public reporting burden for the IVR blueline tilefish in or from the Tilefish
existing measures are necessary to
reporting requirement is estimated to Management Unit, on a vessel issued a
ensure that the IFQ and/or incidental
average 2 minutes for each IVR valid commercial tilefish permit under
TAL will not be exceeded. Based on that
response, including the time for this part, that do not have the head and
review, the Monitoring Committee will
reviewing instructions, searching fins naturally attached to the fish.
recommend golden tilefish ACL, ACTs,
existing data sources, gathering and (ix) Engage in recreational fishing for and TALs to the Tilefish Committee of
maintaining the data needed, and golden tilefish with fishing gear that is the MAFMC. Based on these
completing and reviewing the collection not compliant with the gear restrictions recommendations and any public
of information. The proposed change specified at § 648.296. comment received, the Tilefish
would remove this reporting burden. ■ 4. In § 648.291, paragraph (a) Committee shall recommend to the
Send comments regarding this burden introductory text and paragraph (a)(1) MAFMC the appropriate golden tilefish
estimate, or any other aspect of this data are revised to read as follows: ACL, ACT, TAL, and other management
collection, including suggestions for measures for both the IFQ and the
§ 648.291 Tilefish Annual Catch Targets
reducing the burden, to NMFS (see (ACT). incidental sectors of the fishery for a
ADDRESSES) and by email to OIRA_ single fishing year or up to 3 years. The
Submission@omb.eop.gov, or fax to (a) Golden tilefish. The Tilefish
Monitoring Committee shall identify MAFMC shall review these
(202) 395–7285. recommendations and any public
Notwithstanding any other provision and review the relevant sources of
management uncertainty to recommend comments received, and recommend to
of the law, no person is required to the Regional Administrator, at least 120
respond to, and no person shall be ACTs for the individual fishing quota
(IFQ) and incidental sectors of the days prior to the beginning of the next
subject to penalty for failure to comply fishing year, the appropriate golden
with, a collection of information subject fishery as part of the golden tilefish
specification process. The Tilefish tilefish ACL, ACT, TAL, the percentage
to the requirements of the PRA, unless of TAL allocated to research quota, and
that collection of information displays a Monitoring Committee
recommendations shall identify the any management measures to ensure
currently valid OMB Control Number. that the TAL will not be exceeded, for
specific sources of management
List of Subjects in 50 CFR Part 648 uncertainty that were considered, both the IFQ and the incidental sectors
technical approaches to mitigating these of the fishery, for the next fishing year,
Fisheries, Fishing, Reporting and or up to 3 fishing years. The MAFMC’s
recordkeeping requirements. sources of uncertainty, and any
additional relevant information recommendations must include
Dated: October 16, 2017.
considered in the ACT recommendation supporting documentation, as
Samuel D. Rauch, III, process. appropriate, concerning the
Deputy Assistant Administrator for environmental and economic impacts of
(1) ACT Allocation. (i) The ACT shall
Regulatory Programs, National Marine the recommendations. The Regional
be less than or equal to the ACL.
Fisheries Service. Administrator shall review these
(ii) The Tilefish Monitoring recommendations, and after such
For the reasons set out in the Committee shall include the fishing
preamble, 50 CFR part 648 is proposed review, NMFS will publish a proposed
mortality associated with the rule in the Federal Register specifying
to be amended as follows: recreational fishery in its ACT the annual golden tilefish ACL, ACT,
recommendations only if this source of TAL and any management measures to
PART 648—FISHERIES OF THE
mortality has not already been ensure that the TAL will not be
NORTHEASTERN UNITED STATES
accounted for in the ABC recommended exceeded for the upcoming fishing year
■ 1. The authority citation for part 648 by the SSC. or years for both the IFQ and the
continues to read as follows: (iii) The Tilefish Monitoring incidental sectors of the fishery. After
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Committee shall allocate 5 percent of considering public comments, NMFS
Authority: 16 U.S.C. 1801 et seq.
the ACT to the incidental sector of the will publish a final rule in the Federal
§ 648.7 [Amended] fishery and the remaining 95 percent to Register to implement the golden
■ 2. In § 648.7, paragraph (a)(2)(ii), is the individual fishing quota (IFQ) tilefish ACL, ACTs, TALs and any
removed and reserved. sector. management measures. The previous
■ 3. In § 648.14, paragraphs (u)(2)(vi) * * * * * year’s specifications will remain
and (viii) are revised and paragraph ■ 5. In § 648.292, paragraphs (a) through effective unless revised through the
(u)(2)(ix) is added to read as follows: (d), are revised to read as follows: specification process and/or the
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![48970 Federal Register / Vol. 82, No. 203 / Monday, October 23, 2017 / Proposed Rules
research quota process described in § 648.294 Golden tilefish individual fishing vessel of the United States fishing under
paragraph (a)(5) of this section. NMFS quota (IFQ) program. a tilefish vessel permit, as described at
will issue notification in the Federal * * * * * § 648.4(a)(12), unless the vessel is
Register if the previous year’s (b) * * * fishing under a tilefish IFQ allocation
specifications will not be changed. (4) IFQ Vessel. (i) All Federal vessel permit, is prohibited from possessing
(b) Total Allowable Landings (TAL). permit numbers listed on the IFQ more than:
(1) The TALs for both the IFQ and the allocation permit are authorized to
(i) 500 lb (226.8 kg) of golden tilefish
incidental sectors of the fishery for each possess golden tilefish pursuant to the
at any time, or
fishing year will be specified pursuant IFQ allocation permit.
(ii) An IFQ allocation permit holder (ii) 50 percent, by weight, of the total
to paragraph (a)(1) of this section. of all species being landed; whichever is
who wishes to authorize an additional
(2) The sum of the sector-specific TAL vessel(s) to possess golden tilefish less.
and the estimated sector-specific pursuant to the IFQ allocation permit (3) In-season closure of the incidental
discards shall be less than or equal to must send written notification to NMFS. fishery. The Regional Administrator will
the ACT for that sector of the fishery. This notification must include: monitor the harvest of the golden
(c) TAL allocation. For each fishing (A) The vessel name and permit tilefish incidental TAL based on dealer
year, up to 3 percent of the incidental number, and reports and other available information,
and IFQ TALs may be set aside for the (B) The dates on which the IFQ and shall determine the date when the
purpose of funding research. The allocation permit holder desires the incidental golden tilefish TAL has been
remaining IFQ TAL will be allocated to vessel to be authorized to land golden landed. The Regional Administrator
the individual IFQ permit holders as tilefish pursuant to the IFQ allocation shall publish a notice in the Federal
described in § 648.294(a). permit. Register notifying vessel and dealer
(d) Adjustments to the quota. If the (iii) A vessel listed on the IFQ permit holders that, effective upon a
incidental harvest exceeds the allocation permit is authorized to specific date, the incidental golden
incidental TAL for a given fishing year, possess golden tilefish pursuant to the tilefish fishery is closed for the
the incidental trip limit specified at subject permit, until the end of the remainder of the fishing year.
§ 648.295(a)(2) may be reduced in the fishing year or until NMFS receives
written notification from the IFQ (b) Blueline tilefish. [Reserved]
following fishing year. If an adjustment
is required, a notification of adjustment allocation permit holder to remove the (c) Landing condition. Commercial
of the quota will be published in the vessel. golden or blueline tilefish must be
Federal Register. (iv) A single vessel may not be listed landed with head and fins naturally
on more than one IFQ allocation permit attached, but may be gutted.
■ 6. In § 648.293, paragraph (a)(1), is
at the same time. ■ 9. In § 648.296, the section heading
revised to read as follows: (v) A copy of the IFQ allocation and paragraph (a) are revised to read as
§ 648.293 Tilefish accountability permit must be carried on board each follows:
measures. vessel so authorized to possess IFQ
golden tilefish. § 648.296 Tilefish recreational possession
(a) Golden tilefish. (1) Commercial limits and gear restrictions.
incidental fishery closure. See § 648.295 [Amended]
§ 648.295(a)(3). ■ 8. Section 648.295 is amended by: (a) Golden Tilefish. (1) Any person
(2) Commercial ACL overage ■ a. Revising the section heading; fishing from a vessel that is not fishing
evaluation. If the golden tilefish ACL is ■ b. Revising paragraphs (a) and (b); and under a tilefish commercial vessel
exceeded, the amount of the ACL ■ c. Adding paragraph (c). permit issued pursuant to § 648.4(a)(12),
overage that cannot be directly The addition and revisions to read as may land up to eight golden tilefish per
attributed to IFQ allocation holders follows: trip. Anglers fishing onboard a charter/
having exceeded their IFQ allocation party vessel shall observe the
§ 648.295 Tilefish commercial trip limits recreational possession limit.
will be deducted from the golden and landing condition.
tilefish ACL in the following fishing (a) Golden tilefish. (1) IFQ landings. (2) Any vessel engaged in recreational
year. All overages directly attributable Any golden tilefish landed by a vessel fishing may not retain golden tilefish,
to IFQ allocation holders will be fishing under an IFQ allocation permit unless exclusively using rod and reel
deducted from the appropriate IFQ as specified at § 648.294(a), on a given fishing gear, with a maximum limit of
allocation(s) in the subsequent fishing fishing trip, count as landings under the five hooks per rod. Anglers may use
year, as required by § 648.294(f). IFQ allocation permit. either a manual or electric reel.
■ 7. In § 648.294, paragraph (b)(4), is (2) Incidental trip limit for vessels not [FR Doc. 2017–22750 Filed 10–20–17; 8:45 am]
revised to read as follows: fishing under an IFQ allocation. Any BILLING CODE 3510–22–P
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Document Created: 2017-10-21 02:36:03
Document Modified: 2017-10-21 02:36:03
| 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 November 7, 2017. | |
| Contact | Douglas Potts, Fishery Policy Analyst, 978-281-9341, [email protected] | |
| FR Citation | 82 FR 48967 | |
| RIN Number | 0648-BF85 | |
| CFR Associated | Fisheries; Fishing and Reporting and Recordkeeping Requirements |
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