82 FR 52851 - Fisheries of the Northeastern United States; Amendment 6 to the Tilefish Fishery Management Plan

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 219 (November 15, 2017)

Page Range		52851-52861
FR Document		2017-24710

This final rule implements management measures previously approved for Amendment 6 to the Tilefish Fishery Management Plan and publicizes status quo management measures for 2018. Amendment 6 was developed by the Mid-Atlantic Fishery Management Council to establish management measures and 2017 harvest limits for the blueline tilefish fishery north of the Virginia/North Carolina border. The intended effect of this action is to establish permanent management measures for this fishery, consistent with requirements of the Magnuson-Stevens Act.

Federal Register, Volume 82 Issue 219 (Wednesday, November 15, 2017)

[Federal Register Volume 82, Number 219 (Wednesday, November 15, 2017)]
[Rules and Regulations]
[Pages 52851-52861]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-24710]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 160229161-7898-02]
RIN 0648-BF86

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

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

ACTION: Final rule.

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

SUMMARY: This final rule implements management measures previously
approved for Amendment 6 to the Tilefish Fishery Management Plan and
publicizes status quo management measures for 2018. Amendment 6 was
developed by the Mid-Atlantic Fishery Management Council to establish
management measures and 2017 harvest limits for the blueline tilefish
fishery north of the Virginia/North Carolina border. The intended
effect of this action is to establish permanent management measures for
this fishery, consistent with requirements of the Magnuson-Stevens Act.

DATES: This rule is effective December 15, 2017.

ADDRESSES: Copies of Amendment 6 and the Environmental Assessment (EA),
with its associated Finding of No Significant Impact (FONSI) and the
Regulatory Impact Review (RIR), are available from the Mid-Atlantic
Fishery Management Council, 800 North State Street, Suite 201, Dover,
DE 19901. The Amendment 6 EA/FONSI/RIR is also accessible online at:
www.greateratlantic.fisheries.noaa.gov.

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

SUPPLEMENTARY INFORMATION:

Background

This final rule concurrently approves Amendment 6 to the Tilefish
Fishery Management Plan (FMP) on behalf of the Secretary of Commerce
and finalizes implementing regulations. The Mid-Atlantic Fishery
Management Council developed this amendment to establish management
measures for the blueline tilefish fishery in Federal waters north of
the Virginia/North Carolina border, consistent with the requirements of
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). We published a notice of availability on June 14, 2017
(82 FR 27223), announcing a 60-day period for the public to review and
provide comments on whether we, acting on behalf of the Secretary of
Commerce, should approve Amendment 6. This comment period ended on
August 14, 2017. On June 28, 2017, we published a proposed rule (82 FR
29263) to implement the amendment's specific measures and solicited
comments on the proposed measures for a 30-day period that ended on
July 28, 2017.
We reviewed all comments received during these comment periods,
whether directed at our approval decision or the proposed regulations.
See Comments and Responses section for more information. Now, on behalf
of the Secretary of Commerce, we are approving and implementing
Amendment 6, consistent with the review and approval process outlined
in section 304 of the Magnuson-Stevens Act (16 U.S.C. 1854).

Amendment 6 Approved Measures

We are approving all Amendment 6 measures, as outlined in our June
28, 2017, proposed rule. However, given their complexity and novelty,
development and implementation of permitting and reporting measures for
private recreational vessels will take significantly more time than the
other, more traditional management measures in this action. Therefore,
we are approving, but delaying implementation of, the recreational
permitting and reporting requirements. More information on the approved
measures is outlined below.

Management Unit, FMP Objectives, Status Determination Criteria

The management unit for blueline tilefish encompasses the U.S.
Exclusive Economic Zone (EEZ) from the North Carolina/Virginia border
(36.550278 N. Latitude) extending north to the maritime boundary with
Canada. This management unit is consistent with the Council's
management unit for golden tilefish.
Amendment 6 establishes the management objectives of the current
Tilefish FMP to apply for blueline tilefish as well, with the addition
that, ``management will reflect blueline tilefish's susceptibility of
overfishing and the need of an analytical stock assessment.''
Section 303(a)(10) of the Magnuson-Stevens Act requires that FMPs
specify criteria for identifying when the fishery is overfished.
Amendment 6 defines stock status determination criteria for blueline
tilefish based on the results of the most recent approved stock
assessment, which is consistent with all of the Council's other FMPs.
The Council anticipates new stock status determination criteria will be
established through a stock assessment currently being jointly
conducted by the South Atlantic and Mid-Atlantic Fishery Management
Councils through the Southeast Data, Assessment, and Review process
(SEDAR 50). The assessment report is expected in the fall of 2017.
The Magnuson-Stevens Act also requires all FMPs contain measures
that are ``necessary and appropriate for the conservation and
management of the

[[Page 52852]]

fishery to prevent overfishing.'' There is insufficient scientific
information currently available to establish a quantitative overfishing
limit for the blueline tilefish population in the Mid-Atlantic.
Analysis conducted by the Council's Scientific and Statistical
Committee (SSC) found that constraining catch of Mid-Atlantic blueline
tilefish to the recommended acceptable biological catch (ABC) of 87,031
pounds (lb) (39,476 kilograms (kg)) would be unlikely to result in
overfishing. Because this harvest limit is set at a level sufficient to
prevent overfishing, it is consistent with the Magnuson-Stevens Act
requirement at 303(a)(1)(A).

Permitting and Reporting Requirements

Commercial Vessels

A commercial fishing vessel is required to be issued an open-access
tilefish commercial vessel permit in order to retain and land blueline
tilefish. This is the same vessel permit required for vessels fishing
for golden tilefish; a vessel that has this permit already does not
need a separate permit. Vessel owners and operators are subject to the
current requirements to have an operator permit and to maintain and
submit Vessel Trip Reports (VTRs) for each fishing trip.

For-Hire Vessels

Fishing vessels that carry recreational anglers for hire are
required to have an open-access tilefish charter/party vessel permit in
order to fish for, retain, or land blueline tilefish. This is the same
charter/party vessel permit for golden tilefish, so a vessel that has
this permit already does not need a separate permit. Vessel owners and
operators would be subject to the current requirements to have an
operator permit and to maintain and submit VTRs for each fishing trip.

Commercial Dealers

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

Private Recreational Vessels

With this action we approve the Amendment 6 requirement for private
recreational vessels to obtain a permit to fish for or retain golden or
blueline tilefish in the Tilefish Management Unit. However, additional
development work is necessary before we can issue recreational tilefish
permits or require private anglers to start reporting their catch.
Specific details of a private recreational vessel permit and reporting
system will be proposed at a later date with additional opportunity for
public comment, consistent with requirements of the Administrative
Procedure Act.

Possession Limits and Fishing Season

Commercial

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

Recreational

The applicable recreational blueline tilefish possession limit
depends on the type of vessel used. Anglers fishing from private
vessels are allowed to keep up to three blueline tilefish per person
per trip. Anglers fishing from a for-hire vessel that has been issued a
valid Tilefish Charter/Party Permit, but does not have a current U.S.
Coast Guard safety inspection sticker can retain up to five blueline
tilefish per person per trip. Finally, anglers on for-hire vessels that
have both a valid Tilefish Charter/Party Permit and a current U.S.
Coast Guard safety inspection sticker can retain up to seven blueline
tilefish per person per trip.
The recreational fishery for blueline tilefish is open from May 1
through October 31, annually. Recreational anglers are prohibited from
fishing for or possessing blueline tilefish outside of this season.

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

Section 303(a)(15) of the Magnuson-Stevens Act requires FMPs to
establish a mechanism for specifying annual catch limits (ACL),
implementing regulations, or annual specifications to prevent
overfishing. In addition, the Act requires the Council's SSC to provide
it with ongoing scientific advice, including recommendations for ABC
(see Magnuson-Stevens Act 302(g)(1)(B)). Amendment 6 retains the same
ABC control rules and risk policy for blueline tilefish used for other
Mid-Atlantic Council stocks, described in the regulations at 50 CFR
648.20 and 648.21.
The ACL process approved for blueline tilefish under Amendment 6 is
consistent with the specifications-setting process for other stocks
managed by the Council. The Council's SSC will review the available
scientific information, the ABC control rule, and other relevant
information before making ABC recommendations to the Council for up to
three years. The recommendations of the SSC will be reviewed by the
existing Tilefish Monitoring Committee, which will provide
recommendations to the Council and/or relevant committee to ensure the
blueline tilefish specifications are not exceeded and to address any
other operational aspects of the fishery. To establish specific harvest
limits, the recommended ABC will be allocated to establish separate
ACLs for the commercial and recreational sectors of the fishery (73
percent to recreational and 27 percent to commercial). These ACLs may
be reduced to account for management uncertainty to establish annual
catch targets (ACTs). Finally, anticipated discards are subtracted to
determine the total allowable landings (TAL) amount for each sector.
The Council would develop other management measures (seasons, trip
limits, etc., as described above) that are expected to meet the TAL and
not exceed the ACL. If the Council re-establishes a research set-aside
program, up to three percent of the TAL may be set aside in such a
program.

Accountability Measures

The Magnuson-Stevens Act requires that FMPs include measures to
ensure accountability with ACLs, and NMFS has created guidelines for
how management measures might meet this requirement (see Sec.
600.310(g)). This action implements different accountability measures
(AMs) to address the particular needs of the commercial and
recreational sectors of the fishery.
Commercial blueline tilefish landings will be monitored during the
fishing year based on dealer reports and other available information.
If we determine the commercial TAL will be exceeded, we will close the
commercial blueline tilefish fishery, prohibiting possession or landing
blueline tilefish for sale for the remainder of the fishing year,
through publication of a notice in the Federal Register. If the
commercial catch of blueline tilefish exceeds the ACL, we would deduct
the amount of the overage from the commercial ACL the following year.
Catch data for the recreational fishery is much more uncertain than
for the commercial fishery. We will compare the three-year moving
average of recreational catch to the three-year average of the
recreational ACL to

[[Page 52853]]

determine whether the ACL has been exceeded and accountability measures
for the recreational fishery are warranted. This will be phased in so
that catch in 2017 will be compared to the 2017 ACL, and next year the
average catch in 2017 and 2018 will be compared to the average ACL in
2017 and 2018. In subsequent years we will use three-year moving
averages. If this comparison shows the recreational ACL was exceeded,
then the extent of the accountability measure would depend on the
status of the stock and the significance of the overage.
If the most recent estimate of biomass is below the BMSY
threshold (i.e., the stock is overfished), the stock is under a
rebuilding plan, or the biological reference points are unknown, and
the recreational ACL has been exceeded, then in the following fishing
year the recreational ACT would be reduced by the exact amount, in
pounds, by which the most recent year's recreational catch estimate
exceeded the most recent year's recreational ACL. Changes to management
measures would also be considered through the specifications process to
avoid future overages. If the most recent estimate of biomass is above
BMSY (i.e., the stock is above the biomass target), then
adjustments to the recreational management measures (e.g., changes in
per-angler possession limits could be considered to reduce subsequent
year's catch) would be made in the following fishing year, but a
reduction in the recreational ACT would not be necessary. If the stock
biomass is between these extremes, the accountability measures would be
scaled.
If the most recent estimate of biomass is above the biomass
threshold, but below the biomass target (B/BMSY is greater
than 0.5 but less than 1.0), and the stock is not under a rebuilding
plan, then the severity of the payback would depend on the significance
of the overage. If the recreational ACL is exceeded but the overall ABC
is not, then adjustments to the recreational management measures would
be made in the following fishing year, but a reduction in the
recreational ACT would not be necessary. If the ABC is exceeded, in
addition to adjusting the recreational management measures, a deduction
from the recreational ACT would be made in the following fishing year.
The size of the deduction would be proportional to the health of the
stock. The ACT would be reduced by the amount of the overage (in
pounds) multiplied by a payback coefficient. The payback coefficient
would be the difference between the most recent estimate of biomass and
BMSY (i.e., BMSY-B) divided by one-half of
BMSY. This coefficient allows for a smaller deduction if the
stock is close to the biomass target and a larger deduction the more
the stock is below the target. The recreational accountability measure
is consistent with those in use for other Mid-Atlantic fisheries.

Essential Fish Habitat (EFH)

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

Framework Adjustment Measures

Framework adjustments allow the Council to make changes to
management measures that were previously considered in the FMP or FMP
amendment through a more efficient process than a full FMP amendment.
The full list of blueline tilefish management measures that could be
changed by framework adjustment were published in the proposed rule and
are not repeated here.

2017 Specifications

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

Table 1--2017 Blueline Tilefish Specifications
------------------------------------------------------------------------
Specification Recreational Commercial
------------------------------------------------------------------------
ABC......................... 87,031 lb (39,476 kg)
-------------------------------------------
ACLs........................ 63,533 lb (28,818 23,498 lb (10,658
kg). kg).
ACTs........................ 63,533 lb (28,818 23,498 lb (10,658
kg). kg).
TALs........................ 62,262 lb (28,242 23,263 lb (10,552
kg). kg).
------------------------------------------------------------------------

2018 Specifications

The regulations at Sec. 648.292(b)(2) state in part that the
previous year's specifications will remain effective unless revised
through the specification process and/or the research quota process
described in paragraph (b)(3) of the section and NMFS will issue
notification in the Federal Register if the previous year's
specifications will not be changed. At its April 2017 meeting, the
Council voted to maintain status quo specifications for the 2018
blueline tilefish fishing year. As a result, we do not intend to change
the 2017 blueline tilefish specifications for next year, so the status
quo measures remain effective for through December 31, 2018.

Comments and Responses

We received 42 comments on the notice of availability and proposed
rule. The majority of comments were from individuals. Four commenters
self-identified as owners of for-hire recreational vessels. One
commenter identified as president of a recreational saltwater fishing
association with over

[[Page 52854]]

600 members. Two commenters did not specifically address any of the
proposed measures. One was generally supportive of the proposed action
while the other simply opposed all commercial fishing. Detailed
comments and our responses are grouped by topic below.

Recreational Possession Limit Comments

Numerous commenters expressed opposition to the proposed tiered
recreational possession limits. A dozen commenters said the limits
unfairly favored for-hire vessels. Ten commenters stated the three-fish
per person limit for private vessels was unreasonably low. Twenty
commenters generally opposed any differentiation between aspects of the
recreational fishery. Six individuals stated the low limit would
increase dead discards of blueline tilefish when anglers target co-
occurring species such as golden tilefish or black sea bass. Twenty-
five commenters expressed support for the seven-fish per person limit
across the board that was in the Council's public hearing draft of the
Amendment.
Response: The Council's analysis indicated management measures
needed to constrain recreational catch by 50 percent, relative to the
2014/2015 average, to stay below the ACL. A year-round season and
seven-fish per person possession limit would not have achieved this
target. The available VTR data indicate that per-person catch rates of
blueline tilefish are lower on charter boats than party boats, and
public comment indicted that the retention rate on private vessels is
lower than on either type of for-hire vessel. Based on this
information, the Council devised a set of possession limits to reflect
this pattern and spread the reduction across the recreational sector of
the fishery equitably, such that each vessel group would be subject to
the same relative restriction. We recognize anglers may inadvertently
exceed the blueline tilefish possession limit when targeting other
species. We hope people will try to avoid this situation, and encourage
them to visit our Web site https://www.greateratlantic.fisheries.noaa.gov/sustainable/recfishing/ for
information on best practices, including the use of descending devices
to minimize barotrauma in released fish. If additional catch
information becomes available that indicates a single possession limit
is more equitable, the Council may revise these measures through the
specifications process if necessary. The effective date of this action
has been set such that the new recreational possession limits will not
take effect until the fishery opens on May 1, 2018, to avoid confusion
of setting a new possession limit just before the new annual closure.

Recreational Closed Season Comments

A majority of commenters (26) expressed opposition to the proposed
recreational closed season. Twenty commenters noted they typically
catch blueline tilefish and black sea bass together and seasons for
these species need to be coordinated to avoid excessive discard of
either species. Several individuals stated blueline tilefish is one of
the few species available during the winter months, and a closure could
preclude any recreational fishing during that time.
Response: As mentioned above, the Council developed recreational
measures to affect a 50-percent reduction in catch relative to the
2014/2015 average. The result is as a combination of tiered possession
limits and a closed season that the available data suggest will achieve
this goal. The available catch data indicate a closure from November
through April would account for a 19-percent reduction in recreational
catch. That combined with the expected impact of the possession limits
should allow the recreational TAL to be achieved, but not exceeded. The
Council could have chosen to coordinate its blueline tilefish
recreational season with its existing season for black sea bass, but
did not. However, the Council can re-evaluate recreational measures
through the specifications process.

Recreational Permit Comments

One commenter expressed opposition to a requirement for another
vessel permit for his charter boat. A few commenters noted Virginia
already has recreational permit and reporting requirements, and any new
requirements may be redundant. One commenter supported the proposed
permit for private recreational vessels, suggesting we require vessels
get a letter of authorization (LOA) until the new recreational permit
is fully implemented.
Response: This action does not create a new charter/party vessel
permit for blueline tilefish. Rather, we are using the existing permit
for golden tilefish that most, if not all, for-hire vessels have.
Therefore, if you already have the Tilefish Party/Charter vessel permit
no further action is needed. The potential to use existing permitting
and reporting requirements and avoid duplication is one of the factors
we will be looking into as we work to implement the private
recreational permitting and reporting aspects of Amendment 6. Likewise,
we will consider whether an LOA program to begin collecting data about
recreational effort while measures that are more permanent are
developed and implemented is feasible and cost effective.

Council Process Comments

Apart from the specific comments on the recreational possession
limits and closed season addressed above, the recreational fishing
association and several individuals submitted matching comments
opposing the process by which the Council selected those measures.
These 20 commenters feel they did not have an adequate opportunity to
express to the Council their opposition to these measures, and,
therefore, ask the Secretary to disapprove the Amendment and remand it
to the Council for further public input.
Response: The Council developed a range of potential management
measures then sought public comment on a draft of Amendment 6,
including a series of public hearings. While the Council typically
selects its preferred measures from among those in the draft document,
it is not required to do so. The purpose of the public hearings is to
solicit feedback that could improve the measures under consideration.
During the public hearings, the Council received comments that led to
the development of tiered possession limits based on the type of
vessel. As mentioned above in the response to comments on the
possession limit, these measures were intended to spread the catch
reductions more equitably across the fishery. Similarly, public comment
led to the consideration of a closed season in order to maintain a
higher bag limit when the fishery is open. These new measures were
discussed publicly during the April 2016 Council meeting before the
Council voted to select preferred alternatives and approve Amendment 6.
Because some measures were developed after the regular public hearing
process, the Council took the unusual step of holding an additional
webinar-based public hearing in June 2016, with the option to
reconsider its decisions later during the June 2016 Council meeting
after reviewing submitted comments.

Economic Impact Comments

Many individuals cited the time and expense that recreational
anglers invest to participate in this fishery. These individuals
indicated that a closed season, and to a lesser extent low possession
limits, could have adverse impact on local businesses.

[[Page 52855]]

Response: We acknowledge the economic contributions that
recreational fishing can have in coastal communities. NMFS conducts
nation-wide surveys of marine anglers to assess those impacts and
better inform our management decisions. The recreational fishery for
blueline tilefish in the Mid-Atlantic is relatively small, and the
number of participants has not historically been well documented. The
analysis of the anticipated economic impacts of this action indicate
some potential adverse impact resulting from the possession limits and
closed season. However, those impacts should be limited and temporary
if the measures result in the expected increase in the blueline
tilefish stock size.

Changes From the Proposed Rule

There are no changes to the measures from the proposed rule.

Classification

Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
Administrator, Greater Atlantic Region, NMFS, has determined that this
final rule is consistent with Amendment 6, other provisions of the
Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866. Because this rule is not significant
under Executive Order 12866, this rule is not an Executive Order 13771
regulatory action.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action will not
have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: November 9, 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 amended
as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

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

0
2. In Sec. 648.1, revise paragraph (a) to read as follows:

Sec. 648.1 Purpose and scope.

(a) This part implements the fishery management plans (FMPs) for
the Atlantic mackerel, squid, and butterfish fisheries (Atlantic
Mackerel, Squid, and Butterfish FMP); Atlantic salmon (Atlantic Salmon
FMP); the Atlantic sea scallop fishery (Scallop FMP); the Atlantic
surfclam and ocean quahog fisheries (Atlantic Surfclam and Ocean Quahog
FMP); the NE multispecies and monkfish fisheries ((NE Multispecies FMP)
and (Monkfish FMP)); the summer flounder, scup, and black sea bass
fisheries (Summer Flounder, Scup, and Black Sea Bass FMP); the Atlantic
bluefish fishery (Atlantic Bluefish FMP); the Atlantic herring fishery
(Atlantic Herring FMP); the spiny dogfish fishery (Spiny Dogfish FMP);
the Atlantic deep-sea red crab fishery (Deep-Sea Red Crab FMP); the
golden and blueline tilefish fisheries (Tilefish FMP); and the NE skate
complex fisheries (Skate FMP). These FMPs and the regulations in this
part govern the conservation and management of the above named
fisheries of the Northeastern United States.
* * * * *

0
3. In Sec. 648.2:
0
a. Add in alphabetical order the definition of ``Blueline tilefish;''
0
b. Revise paragraph 4 of the definition for ``Fishing year;''
0
c. Add in alphabetical order the definition of ``Golden tilefish;'' and
0
d. Revise paragraph 2 of the definition for ``Lessee,'' paragraph 2 of
the definition for ``Lessor,'' and the definitions for ``Tilefish,''
``Tilefish FMP Monitoring Committee,'' and ``Tilefish Management
Unit.''
The additions and revisions read as follows:

Sec. 648.2 Definitions.

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

0
4. In Sec. 648.4, paragraphs (a)(12) and (b)(1)(i) are revised to read
as follows:

Sec. 648.4 Vessel permits.

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

[[Page 52856]]

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

0
5. In Sec. 648.5, paragraph (a) is revised to read as follows:

Sec. 648.5 Operator permits.

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

0
6. In Sec. 648.6, paragraph (a)(1) is revised to read as follows:

Sec. 648.6 Dealer/processor permits.

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

0
7. In Sec. 648.14, paragraph (u) is revised to read as follows:

Sec. 648.14 Prohibitions.

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

[[Page 52857]]

(B) The tilefish were harvested by a vessel that has not been
issued a tilefish permit and that was fishing exclusively in State
waters.
(C) The tilefish were harvested in or from the Tilefish Management
Unit by a vessel, other than a charter/party vessel, that is engaged in
recreational fishing.
(ii) Land or possess golden or blueline tilefish harvested in or
from the Tilefish Management Unit, in excess of either:
(A) The relevant commercial trip limit specified at Sec. 648.295,
unless possessing golden tilefish authorized pursuant to a valid
tilefish IFQ allocation permit, as specified in Sec. 648.294(a).
(B) The relevant recreational possession limit specified at Sec.
648.296, if engaged in recreational fishing including charter/party
vessels.
(iii) Land golden tilefish harvested in or from the Tilefish
Management Unit in excess of that authorized under a tilefish IFQ
allocation permit as described at Sec. 648.294(a).
(iv) Fish for golden or blueline tilefish inside and outside of the
Tilefish Management Unit on the same trip.
(v) Discard golden tilefish harvested in or from the Tilefish
Management Unit, as defined in Sec. 648.2, unless participating in
recreational fishing, as defined in Sec. 648.2, or while fishing
subject to a trip limit pursuant to Sec. 648.295(a).
(vi) Land or possess golden tilefish in or from the Tilefish
Management Unit, on a vessel issued a valid tilefish permit under this
part, after the incidental golden tilefish fishery is closed pursuant
to Sec. 648.295(a)(2), unless fishing under a valid tilefish IFQ
allocation permit as specified in Sec. 648.294(a), or engaged in
recreational fishing.
(vii) Land or possess blueline tilefish in or from the Tilefish
Management Unit, on a vessel issued a valid tilefish permit under this
part, after the commercial blueline tilefish fishery is closed pursuant
to Sec. 648.295(b)(2), unless engaged in recreational fishing.
(viii) Land or possess blueline tilefish in or from the Tilefish
Management Unit, on a vessel issued a valid commercial tilefish permit
under this part, that do not have the head and fins naturally attached
to the fish.
(3) Transfer and purchase. (i) Purchase, possess, or receive for a
commercial purpose, other than solely for transport on land; or attempt
to purchase, possess, or receive for a commercial purpose, other than
solely for transport on land; golden or blueline tilefish caught by a
vessel without a tilefish permit, unless the tilefish were harvested by
a vessel without a tilefish permit that fished exclusively in State
waters.
(ii) Purchase or otherwise receive for commercial purposes golden
or blueline tilefish caught in the EEZ from outside the Tilefish
Management Unit unless otherwise permitted under 50 CFR part 622.
(4) Presumption. For purposes of this part, the following
presumption applies: All golden or blueline tilefish retained or
possessed on a vessel issued any permit under Sec. 648.4 are deemed to
have been harvested in or from the Tilefish Management Unit, unless the
preponderance of all submitted evidence demonstrates that such tilefish
were harvested by a vessel fishing exclusively in state waters.
* * * * *

0
8. The heading for subpart N is revised to read as follows:

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

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

Sec. 648.290 Tilefish Annual Catch Limits (ACL).

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

0
10. Section 648.291 is revised to read as follows:

Sec. 648.291 Tilefish Annual Catch Targets (ACT).

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

[[Page 52858]]

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

0
11. Section 648.292 is revised to read as follows:

Sec. 648.292 Tilefish specifications.

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

[[Page 52859]]

year's specifications will remain effective unless revised through the
specification process and/or the research quota process described in
paragraph (b)(3) of this section. NMFS will issue notification in the
Federal Register if the previous year's specifications will not be
changed.
(3) Research quota. See Sec. 648.22(g).

0
12. Section 648.293 is revised to read as follows:

Sec. 648.293 Tilefish accountability measures.

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

0
13. In Sec. 648.294, revise the section heading and paragraphs (a)(1)
and (2), (b)(1) introductory text, (b)(4), (e)(3)(ii) and (iii), (e)(4)
introductory text, (f), (g), (h)(1), (h)(2)(ii), and (h)(4)(i) to read
as follows:

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

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

[[Page 52860]]

application on an appropriate form obtained from NMFS. The application
must be filled out completely and signed by the applicant. Each
application must include a declaration of all interests in IFQ quota
shares and IFQ allocations, as defined in Sec. 648.2, listed by IFQ
allocation permit number, and must list all Federal vessel permit
numbers for all vessels that an applicant owns or leases that would be
authorized to possess golden tilefish pursuant to the IFQ allocation
permit. The Regional Administrator will notify the applicant of any
deficiency in the application.
* * * * *
(4) IFQ vessel. All Federal vessel permit numbers that are listed
on the IFQ allocation permit are authorized to possess golden tilefish
pursuant to the IFQ allocation permit until the end of the fishing year
or until NMFS receives written notification from the IFQ allocation
permit holder that the vessel is no longer authorized to possess golden
tilefish pursuant to the subject permit. An IFQ allocation permit
holder who wishes to authorize an additional vessel(s) to possess
golden tilefish pursuant to the IFQ allocation permit must send written
notification to NMFS. This notification must include the vessel name
and permit number, and the dates on which the IFQ allocation permit
holder desires the vessel to be authorized to land golden tilefish
pursuant to the IFQ allocation permit. A copy of the IFQ allocation
permit must be carried on board each vessel so authorized to possess
IFQ golden tilefish.
* * * * *
(e) * * *
(3) * * *
(ii) A transfer of IFQ allocation or quota share will not be
approved by the Regional Administrator if it would result in an entity
holding, or having an interest in, a percentage of IFQ allocation
exceeding 49 percent of the total golden tilefish adjusted TAL.
(iii) For the purpose of calculating the appropriate IFQ cost
recovery fee, if the holder of an IFQ allocation leases additional IFQ
allocation, the quantity and value of golden tilefish landings made
after the date the lease is approved by the Regional Administrator are
attributed to the transferred quota before being attributed to the
allocation holder's base IFQ allocation, if any exists. In the event of
multiple leases, landings would be attributed to the leased allocations
in the order the leases were approved by the Regional Administrator. As
described in paragraph (h) of this section, a tilefish IFQ quota share
allocation holder shall incur a cost recovery fee, based on the value
of landings of golden tilefish authorized under the allocation holder's
annual tilefish IFQ allocation, including allocation that is leased to
another IFQ allocation permit holder.
(4) Application for an IFQ allocation transfer. Any IFQ allocation
permit holder applying for either permanent transfer of IFQ quota share
or temporary transfer of annual IFQ allocation must submit a completed
IFQ Allocation Transfer Form, available from NMFS. The IFQ Allocation
Transfer Form must be submitted to the NMFS Greater Atlantic Regional
Fisheries Office at least 30 days before the date on which the
applicant desires to have the IFQ allocation transfer effective. The
Regional Administrator shall notify the applicants of any deficiency in
the application pursuant to this section. Applications for permanent
IFQ quota share allocation transfers must be received by September 1 to
be processed and effective before annual IFQ allocations are issued for
the next fishing year. Applications for temporary IFQ allocation
transfers must be received by October 10 to be processed for the
current fishing year.
* * * * *
(f) IFQ allocation overages. If an IFQ allocation is exceeded,
including by amounts of golden tilefish landed by a lessee in excess of
a temporary transfer of IFQ allocation, the amount of the overage will
be deducted from the IFQ shareholder's allocation in the subsequent
fishing year(s). If an IFQ allocation overage is not deducted from the
appropriate allocation before the IFQ allocation permit is issued for
the subsequent fishing year, a revised IFQ allocation permit reflecting
the deduction of the overage shall be issued by NMFS. If the allocation
cannot be reduced in the subsequent fishing year because the full
allocation has already been landed or transferred, the IFQ allocation
permit will indicate a reduced allocation for the amount of the overage
in the next fishing year.
(g) IFQ allocation acquisition restriction. No person or entity may
acquire more than 49 percent of the annual adjusted golden tilefish
TAL, specified pursuant to Sec. 648.294, at any point during a fishing
year. For purposes of this paragraph, acquisition includes any
permanent transfer of IFQ quota share or temporary transfer of annual
IFQ allocation. The calculation of IFQ allocation for purposes of the
restriction on acquisition includes IFQ allocation interests held by: A
company in which the IFQ holder is a shareholder, officer, or partner;
an immediate family member; or a company in which the IFQ holder is a
part owner or partner.
(h) * * *
(1) Payment responsibility. Each tilefish IFQ allocation permit
holder with quota share shall incur a cost recovery fee annually, based
on the value of landings of golden tilefish authorized under his/her
tilefish IFQ allocation, including allocation that he/she leases to
another IFQ allocation permit holder. The tilefish IFQ allocation
permit holder is responsible for paying the fee assessed by NMFS.
(2) * * *
(ii) Calculating fee percentage. The recoverable costs determined
by the Regional Administrator will be divided by the total ex-vessel
value of all golden tilefish IFQ landings during the cost recovery
billing period to derive a fee percentage. Each IFQ allocation permit
holder with quota share will be assessed a fee based on the fee
percentage multiplied by the total ex-vessel value of all landings
under his/her IFQ allocation permit, including landings of allocation
that was leased to another IFQ allocation permit holder.
(A) The ex-vessel value for each pound of golden tilefish landed by
an IFQ allocation permit holder shall be determined from Northeast
Federal dealer reports submitted to NMFS, which include the price per
pound paid to the vessel at the time of dealer purchase.
(B) The cost recovery fee percentage shall not exceed three percent
of the total value of golden tilefish landings, as required under
section 304(d)(2)(B) of the Magnuson-Stevens Act.
* * * * *
(4) * * *
(i) At any time thereafter, notify the IFQ allocation permit holder
in writing that his/her IFQ allocation permit is suspended, thereby
prohibiting landings of tilefish above the incidental limit, as
specified at Sec. 648.295(a).
* * * * *

0
14. Section 648.295 is revised to read as follows:

Sec. 648.295 Tilefish commercial trip limits.

(a) Golden tilefish--(1) Incidental trip limit for vessels not
fishing under an IFQ allocation. Any vessel of the United States
fishing under a tilefish permit, as described at Sec. 648.4(a)(12), is
prohibited from possessing more than 500 lb (226.8 kg) of golden
tilefish at any time, unless the vessel is fishing under a tilefish IFQ
allocation permit, as specified at Sec. 648.294(a). Any golden
tilefish landed by a vessel fishing under an IFQ allocation permit, on
a given fishing

[[Page 52861]]

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

0
15. Section 648.296 is revised to read as follows:

Sec. 648.296 Tilefish recreational possession limits.

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

0
16. In Sec. 648.299, revise paragraphs (a)(1)(xix), (xx), and (xxi)
and add paragraphs (a)(1)(xxii) and (xxiii) to read as follows:

Sec. 648.299 Tilefish framework specifications.

(a) * * *
(1) * * *
(xix) Recreational management measures, including the bag limit,
minimum fish size limit, seasons, and gear restrictions or
prohibitions;
(xx) Golden tilefish IFQ program review components, including
capacity reduction, safety at sea issues, transferability rules,
ownership concentration caps, permit and reporting requirements, and
fee and cost-recovery issues;
(xxi) Blueline tilefish recreational permitting and reporting
requirements previously considered by the MAFMC; and
(xxii) Blueline tilefish allocations to the commercial and
recreational sectors of the fishery within the range of allocation
alternatives considered by the MAFMC in Amendment 6.
(xxiii) Measures that require significant departures from
previously contemplated measures or that are otherwise introducing new
concepts may require a formal amendment of the FMP instead of a
framework adjustment.
* * * * *
[FR Doc. 2017-24710 Filed 11-14-17; 8:45 am]
BILLING CODE 3510-22-P

52854 Federal Register / Vol. 82, No. 219 / Wednesday, November 15, 2017 / Rules and Regulations

600 members. Two commenters did not May 1, 2018, to avoid confusion of Likewise, we will consider whether an
specifically address any of the proposed setting a new possession limit just LOA program to begin collecting data
measures. One was generally supportive before the new annual closure. about recreational effort while measures
of the proposed action while the other that are more permanent are developed
Recreational Closed Season Comments
simply opposed all commercial fishing. and implemented is feasible and cost
Detailed comments and our responses A majority of commenters (26) effective.
are grouped by topic below. expressed opposition to the proposed
recreational closed season. Twenty Council Process Comments
Recreational Possession Limit commenters noted they typically catch
Comments Apart from the specific comments on
blueline tilefish and black sea bass the recreational possession limits and
Numerous commenters expressed together and seasons for these species closed season addressed above, the
opposition to the proposed tiered need to be coordinated to avoid recreational fishing association and
recreational possession limits. A dozen excessive discard of either species. several individuals submitted matching
commenters said the limits unfairly Several individuals stated blueline comments opposing the process by
favored for-hire vessels. Ten tilefish is one of the few species which the Council selected those
commenters stated the three-fish per available during the winter months, and measures. These 20 commenters feel
person limit for private vessels was a closure could preclude any they did not have an adequate
unreasonably low. Twenty commenters recreational fishing during that time. opportunity to express to the Council
generally opposed any differentiation Response: As mentioned above, the
their opposition to these measures, and,
between aspects of the recreational Council developed recreational
therefore, ask the Secretary to
fishery. Six individuals stated the low measures to affect a 50-percent
disapprove the Amendment and remand
limit would increase dead discards of reduction in catch relative to the 2014/
it to the Council for further public
blueline tilefish when anglers target co- 2015 average. The result is as a
input.
occurring species such as golden tilefish combination of tiered possession limits
or black sea bass. Twenty-five and a closed season that the available Response: The Council developed a
commenters expressed support for the data suggest will achieve this goal. The range of potential management
seven-fish per person limit across the available catch data indicate a closure measures then sought public comment
board that was in the Council’s public from November through April would on a draft of Amendment 6, including
hearing draft of the Amendment. account for a 19-percent reduction in a series of public hearings. While the
Response: The Council’s analysis recreational catch. That combined with Council typically selects its preferred
indicated management measures needed the expected impact of the possession measures from among those in the draft
to constrain recreational catch by 50 limits should allow the recreational document, it is not required to do so.
percent, relative to the 2014/2015 TAL to be achieved, but not exceeded. The purpose of the public hearings is to
average, to stay below the ACL. A year- The Council could have chosen to solicit feedback that could improve the
round season and seven-fish per person coordinate its blueline tilefish measures under consideration. During
possession limit would not have recreational season with its existing the public hearings, the Council
achieved this target. The available VTR season for black sea bass, but did not. received comments that led to the
data indicate that per-person catch rates However, the Council can re-evaluate development of tiered possession limits
of blueline tilefish are lower on charter recreational measures through the based on the type of vessel. As
boats than party boats, and public specifications process. mentioned above in the response to
comment indicted that the retention rate comments on the possession limit, these
on private vessels is lower than on Recreational Permit Comments measures were intended to spread the
either type of for-hire vessel. Based on One commenter expressed opposition catch reductions more equitably across
this information, the Council devised a to a requirement for another vessel the fishery. Similarly, public comment
set of possession limits to reflect this permit for his charter boat. A few led to the consideration of a closed
pattern and spread the reduction across commenters noted Virginia already has season in order to maintain a higher bag
the recreational sector of the fishery recreational permit and reporting limit when the fishery is open. These
equitably, such that each vessel group requirements, and any new new measures were discussed publicly
would be subject to the same relative requirements may be redundant. One during the April 2016 Council meeting
restriction. We recognize anglers may commenter supported the proposed before the Council voted to select
inadvertently exceed the blueline permit for private recreational vessels, preferred alternatives and approve
tilefish possession limit when targeting suggesting we require vessels get a letter Amendment 6. Because some measures
other species. We hope people will try of authorization (LOA) until the new were developed after the regular public
to avoid this situation, and encourage recreational permit is fully hearing process, the Council took the
them to visit our Web site https://www. implemented. unusual step of holding an additional
greateratlantic.fisheries.noaa.gov/ Response: This action does not create webinar-based public hearing in June
sustainable/recfishing/ for information a new charter/party vessel permit for 2016, with the option to reconsider its
on best practices, including the use of blueline tilefish. Rather, we are using decisions later during the June 2016
descending devices to minimize the existing permit for golden tilefish Council meeting after reviewing
barotrauma in released fish. If that most, if not all, for-hire vessels submitted comments.
additional catch information becomes have. Therefore, if you already have the
Economic Impact Comments
available that indicates a single Tilefish Party/Charter vessel permit no
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possession limit is more equitable, the further action is needed. The potential Many individuals cited the time and
Council may revise these measures to use existing permitting and reporting expense that recreational anglers invest
through the specifications process if requirements and avoid duplication is to participate in this fishery. These
necessary. The effective date of this one of the factors we will be looking individuals indicated that a closed
action has been set such that the new into as we work to implement the season, and to a lesser extent low
recreational possession limits will not private recreational permitting and possession limits, could have adverse
take effect until the fishery opens on reporting aspects of Amendment 6. impact on local businesses.

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Federal Register / Vol. 82, No. 219 / Wednesday, November 15, 2017 / Rules and Regulations 52855

Response: We acknowledge the PART 648—FISHERIES OF THE Lessee * * *
economic contributions that recreational NORTHEASTERN UNITED STATES (2) A person or entity eligible to hold
fishing can have in coastal golden tilefish IFQ allocation, who
communities. NMFS conducts nation- ■ 1. The authority citation for part 648 receives temporarily transferred golden
wide surveys of marine anglers to assess continues to read as follows: tilefish IFQ allocation, as specified at
those impacts and better inform our Authority: 16 U.S.C. 1801 et seq. § 648.294(e)(1).
management decisions. The recreational Lessor * * *
■ 2. In § 648.1, revise paragraph (a) to
fishery for blueline tilefish in the Mid- (2) An IFQ allocation permit holder
read as follows:
Atlantic is relatively small, and the who temporarily transfers golden
number of participants has not § 648.1 Purpose and scope. tilefish IFQ allocation, as specified at
historically been well documented. The (a) This part implements the fishery § 648.294(e)(1).
analysis of the anticipated economic management plans (FMPs) for the * * * * *
impacts of this action indicate some Atlantic mackerel, squid, and butterfish Tilefish means golden tilefish and
potential adverse impact resulting from fisheries (Atlantic Mackerel, Squid, and blueline tilefish, collectively, unless
the possession limits and closed season. Butterfish FMP); Atlantic salmon otherwise noted.
However, those impacts should be (Atlantic Salmon FMP); the Atlantic sea Tilefish FMP Monitoring Committee
limited and temporary if the measures scallop fishery (Scallop FMP); the means a committee made up of staff
result in the expected increase in the Atlantic surfclam and ocean quahog representatives of the MAFMC, the
blueline tilefish stock size. fisheries (Atlantic Surfclam and Ocean NMFS Greater Atlantic Regional
Quahog FMP); the NE multispecies and Fisheries Office, the Northeast Fisheries
Changes From the Proposed Rule monkfish fisheries ((NE Multispecies Science Center, up to three state
FMP) and (Monkfish FMP)); the summer representatives (the New England states
There are no changes to the measures having one representative and the Mid-
flounder, scup, and black sea bass
from the proposed rule. Atlantic states having a maximum of
fisheries (Summer Flounder, Scup, and
Classification Black Sea Bass FMP); the Atlantic two representatives) and one non-voting
bluefish fishery (Atlantic Bluefish FMP); industry member. The MAFMC
Pursuant to section 304(b)(1)(A) of the the Atlantic herring fishery (Atlantic Executive Director or his designee
Magnuson-Stevens Act, the Herring FMP); the spiny dogfish fishery chairs the committee.
Administrator, Greater Atlantic Region, (Spiny Dogfish FMP); the Atlantic deep- Tilefish Management Unit means an
NMFS, has determined that this final sea red crab fishery (Deep-Sea Red Crab area of the Atlantic Ocean from the
rule is consistent with Amendment 6, FMP); the golden and blueline tilefish latitude of the VA and NC border
other provisions of the Magnuson- fisheries (Tilefish FMP); and the NE (36°33.36′ N. Lat.), extending eastward
Stevens Act, and other applicable law. skate complex fisheries (Skate FMP). from the shore to the outer boundary of
This final rule has been determined to These FMPs and the regulations in this the exclusive economic zone and
be not significant for purposes of part govern the conservation and northward to the United States-Canada
Executive Order 12866. Because this management of the above named border in which the United States
rule is not significant under Executive fisheries of the Northeastern United exercises exclusive jurisdiction over all
Order 12866, this rule is not an States. golden tilefish (Lopholatilus
Executive Order 13771 regulatory * * * * * chamaeleonticeps) and blueline tilefish
action. ■ 3. In § 648.2:
(Caulolatilus microps) fished for,
■ a. Add in alphabetical order the possessed, caught or retained in or from
The Chief Counsel for Regulation of such area.
the Department of Commerce certified definition of ‘‘Blueline tilefish;’’
■ b. Revise paragraph 4 of the definition * * * * *
to the Chief Counsel for Advocacy of the
for ‘‘Fishing year;’’ ■ 4. In § 648.4, paragraphs (a)(12) and
Small Business Administration during
■ c. Add in alphabetical order the (b)(1)(i) are revised to read as follows:
the proposed rule stage that this action definition of ‘‘Golden tilefish;’’ and
will not have a significant economic ■ d. Revise paragraph 2 of the definition § 648.4 Vessel permits.
impact on a substantial number of small for ‘‘Lessee,’’ paragraph 2 of the (a) * * *
entities. The factual basis for the definition for ‘‘Lessor,’’ and the (12) Tilefish vessels—(i) Commercial
certification was published in the definitions for ‘‘Tilefish,’’ ‘‘Tilefish FMP vessel permits. Any vessel of the United
proposed rule and is not repeated here. Monitoring Committee,’’ and ‘‘Tilefish States must have been issued, under this
No comments were received regarding Management Unit.’’ part, and carry on board, a valid
this certification. As a result, a The additions and revisions read as commercial vessel permit to fish for,
regulatory flexibility analysis was not follows: possess, or land golden tilefish or
required and none was prepared. blueline tilefish for a commercial
§ 648.2 Definitions.
List of Subjects in 50 CFR Part 648 purpose, in or from the Tilefish
* * * * * Management Unit.
Fisheries, Fishing, Reporting and Blueline tilefish means Caulolatilus (A) A commercial vessel must fish
recordkeeping requirements. microps. under the authorization of a golden
* * * * * tilefish IFQ allocation permit, issued
Dated: November 9, 2017. Fishing year * * * pursuant to § 648.294, to possess, or
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Samuel D. Rauch, III, (4) For the golden tilefish fishery, land golden tilefish in excess of the trip
Deputy Assistant Administrator for from November 1 through October 31 of limit as specified under § 648.295(a).
Regulatory Programs, National Marine the following year. (B) [Reserved]
Fisheries Service. * * * * * (ii) Party and charter vessel permits.
For the reasons set out in the Golden tilefish means Lopholatilus Any party or charter vessel must have
preamble, 50 CFR part 648 is amended chamaeleonticeps. been issued, under this part, a Federal
as follows: * * * * * charter/party vessel permit to fish for

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52856 Federal Register / Vol. 82, No. 219 / Wednesday, November 15, 2017 / Rules and Regulations

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

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

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Federal Register / Vol. 82, No. 219 / Wednesday, November 15, 2017 / Rules and Regulations 52861

trip, count as landings under the IFQ § 648.296 Tilefish recreational possession captain and crew of a party or charter
allocation permit. limits. boat are not counted in determining the
(2) In-season closure of the incidental (a) Golden tilefish. Any person fishing possession limit. If there is a violation
fishery. The Regional Administrator will from a vessel that is not fishing under of the possession limit on board a vessel
monitor the harvest of the golden a tilefish commercial vessel permit carrying more than one person, the
issued pursuant to § 648.4(a)(12), may violation shall be deemed to have been
tilefish incidental TAL based on dealer
land up to eight golden tilefish per trip. committed by the owner and operator of
reports and other available information,
Anglers fishing onboard a charter/party the vessel.
and shall determine the date when the
vessel shall observe the recreational ■ 16. In § 648.299, revise paragraphs
incidental golden tilefish TAL has been possession limit.
landed. The Regional Administrator (a)(1)(xix), (xx), and (xxi) and add
(b) Blueline tilefish—(1) Private paragraphs (a)(1)(xxii) and (xxiii) to read
shall publish a notice in the Federal recreational vessels. Any person fishing as follows:
Register notifying vessel and dealer from a vessel that is not fishing under
permit holders that, effective upon a a tilefish commercial or charter/party § 648.299 Tilefish framework
specific date, the incidental golden vessel permit issued pursuant to specifications.
tilefish fishery is closed for the § 648.4(a)(12), may land up to three (a) * * *
remainder of the fishing year. blueline tilefish per trip. (1) * * *
(b) Blueline tilefish—(1) Commercial (2) Uninspected for-hire vessels. (xix) Recreational management
possession limit. Any vessel of the Anglers fishing onboard a for-hire vessel measures, including the bag limit,
United States fishing under a tilefish under a tilefish charter/party vessel minimum fish size limit, seasons, and
permit, as described at § 648.4(a)(12), is permit issued pursuant to § 648.4(a)(12), gear restrictions or prohibitions;
prohibited from possessing more than which has not been issued a valid U.S. (xx) Golden tilefish IFQ program
Coast Guard Certificate of Inspection review components, including capacity
300 lb (136 kg) of blueline tilefish per
may land up to five blueline tilefish per reduction, safety at sea issues,
trip in or from the Tilefish Management
person per trip. transferability rules, ownership
Unit. Commercial blueline tilefish must
(3) Inspected for-hire vessels. Anglers concentration caps, permit and
be landed with head and fins naturally reporting requirements, and fee and
attached, but may be gutted. fishing onboard a for-hire vessel under
a tilefish charter/party vessel permit cost-recovery issues;
(2) In-season closure of the issued pursuant to § 648.4(a)(12), which (xxi) Blueline tilefish recreational
commercial fishery. The Regional has been issued a valid U.S. Coast permitting and reporting requirements
Administrator will monitor the harvest Guard Certificate of Inspection may land previously considered by the MAFMC;
of the blueline tilefish commercial TAL up to seven blueline tilefish per person and
based on dealer reports and other per trip. (xxii) Blueline tilefish allocations to
available information, and shall (c) Enforcement. Tilefish harvested by the commercial and recreational sectors
determine the date when the blueline vessels subject to the possession limits of the fishery within the range of
tilefish commercial TAL will be landed. with more than one person on board allocation alternatives considered by the
The Regional Administrator shall may be pooled in one or more MAFMC in Amendment 6.
publish a notice in the Federal Register containers. Compliance with the golden (xxiii) Measures that require
notifying vessel and dealer permit tilefish possession limit will be significant departures from previously
holders that, effective upon a specific determined by dividing the number of contemplated measures or that are
date, the blueline tilefish commercial golden tilefish on board by the number otherwise introducing new concepts
of persons on board. Compliance with may require a formal amendment of the
fishery is closed for the remainder of the
the blueline tilefish possession limit FMP instead of a framework adjustment.
fishing year.
will be determined by dividing the * * * * *
■ 15. Section 648.296 is revised to read number of blueline tilefish on board by [FR Doc. 2017–24710 Filed 11–14–17; 8:45 am]
as follows: the number of persons on board. The BILLING CODE 3510–22–P
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Document Created: 2018-10-25 10:36:54
Document Modified: 2018-10-25 10:36:54

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		Rules and Regulations
Action		Final rule.
Dates		This rule is effective December 15, 2017.
Contact		Douglas Potts, Fishery Policy Analyst, 978-281-9341.
FR Citation		82 FR 52851
RIN Number		0648-BF86
CFR Associated		Fisheries; Fishing and Reporting and Recordkeeping Requirements

82 FR 52851 - Fisheries of the Northeastern United States; Amendment 6 to the Tilefish Fishery Management Plan

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 219 (November 15, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration