83_FR_10852 83 FR 10803 - Fisheries of the Northeastern United States; Framework 2 to the Tilefish Fishery Management Plan

83 FR 10803 - Fisheries of the Northeastern United States; Framework 2 to the Tilefish Fishery Management Plan

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 49 (March 13, 2018)

Page Range10803-10807
FR Document2018-04974

This final rule implements the management measures contained in Framework Adjustment 2 to the Tilefish Fishery Management Plan and adjusts the 2018 specifications for this fishery. The Mid-Atlantic Fishery Management Council developed Framework Adjustment 2 to improve and simplify the administration of the golden tilefish fishery. These changes include removing an outdated reporting requirement, proscribing allowed gear for the recreational fishery, modifying the commercial incidental possession limit, requiring commercial golden tilefish be landed with the head and fins attached, and revising how assumed discards are accounted for when setting harvest limits. Based on new regulations implemented by this rule, this action updates previously published specifications for the commercial golden tilefish fishery for 2018 and projected specifications for 2019 and 2020.

Federal Register, Volume 83 Issue 49 (Tuesday, March 13, 2018) 
[Federal Register Volume 83, Number 49 (Tuesday, March 13, 2018)]
[Rules and Regulations]
[Pages 10803-10807]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04974]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 160229159-8236-02]
RIN 0648-BF85


Fisheries of the Northeastern United States; Framework 2 to the 
Tilefish Fishery Management Plan

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

ACTION: Final rule.

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[[Page 10804]]

SUMMARY: This final rule implements the management measures contained 
in Framework Adjustment 2 to the Tilefish Fishery Management Plan and 
adjusts the 2018 specifications for this fishery. The Mid-Atlantic 
Fishery Management Council developed Framework Adjustment 2 to improve 
and simplify the administration of the golden tilefish fishery. These 
changes include removing an outdated reporting requirement, proscribing 
allowed gear for the recreational fishery, modifying the commercial 
incidental possession limit, requiring commercial golden tilefish be 
landed with the head and fins attached, and revising how assumed 
discards are accounted for when setting harvest limits. Based on new 
regulations implemented by this rule, this action updates previously 
published specifications for the commercial golden tilefish fishery for 
2018 and projected specifications for 2019 and 2020.

DATES: This rule is effective April 12, 2018, except for the amendment 
to Sec.  648.7(b)(2)(ii), which is effective March 13, 2018.

ADDRESSES: Copies of Framework 2 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.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final rule may be submitted to the Greater Atlantic Regional Fisheries 
Office, 55 Great Republic Drive, Gloucester, MA 01930, and by email to 
[email protected], or fax to 202-395-7285

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

SUPPLEMENTARY INFORMATION:

Background

    This action implements Framework Adjustment 2 to the Tilefish 
Fishery Management Plan (FMP). The Mid-Atlantic Fishery Management 
Council developed this framework to improve and simplify management 
measures for the golden tilefish fishery in Federal waters north of the 
Virginia/North Carolina border, consistent with the requirements of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). We published a proposed rule for this action on October 
23, 2017 (82 FR 48967), with a comment period through November 7, 2017. 
See Comments and Responses section for more information.

Framework Adjustment 2 Measures

Interactive Voice Response System (IVR) Reporting Requirement Removal

    Commercial fishing vessels that land golden tilefish under the 
individual fishing quota (IFQ) system are currently required to report 
each trip within 48 hours of landing through our IVR system. The 
Council originally created this reporting requirement when the fishery 
was managed under three permit categories, each with a sector-specific 
annual landing limit. The IVR system provided timely landing reports to 
track quota use and allowed managers to close a permit category if the 
annual landing cap was reached. When the Council changed the management 
of the fishery to an IFQ system, it retained the IVR system to allow 
additional monitoring of landings. Improvements in electronic dealer-
reported landings and other data streams have rendered this IVR report 
redundant, and the data are no longer used to monitor quotas. This 
action eliminates this unnecessary reporting requirement.

Recreational Fishing Gear Limit

    In recent years, the Council has received reports of recreational 
fishermen using ``mini-longline'' gear with a large number of hooks to 
target tilefish. The Council is concerned the use of this gear could 
result in increased dead discards of tilefish if fishermen catch more 
than the eight-fish per person bag limit using this type of gear. The 
Magnuson-Stevens Act list of authorized gear types at 50 CFR 600.75(v) 
already restricts the recreational fishery to rod and reel and spear 
gear. However, to avoid any potential confusion and clarify the amount 
of gear allowed, this action codifies that rod and reel with a maximum 
of five hooks per rod is the only authorized recreational tilefish gear 
for use in the Mid-Atlantic. Anglers could use either a manual or an 
electric reel.

Commercial Golden Tilefish Landing Condition

    The commercial tilefish fishery typically lands fish in a head-on, 
gutted condition. However, quotas and possession limits are in whole 
(round) weight. This requires the fishing industry to use a conversion 
factor to change landed weight to whole weight to comply with 
incidental possession limits and IFQ allocations. This action requires 
commercially-caught golden tilefish to be landed with the head and fins 
attached, although they could be gutted. By requiring this, we can more 
reliably specify and monitor landing limits and quotas in landed 
weight, eliminating the need to use a conversion factor. This will 
simplify catch accounting and improve compliance for individuals 
participating in the commercial tilefish fishery.

Commercial Golden Tilefish Possession Limit

    When the Council created the tilefish IFQ system, it allocated a 
separate quota and commercial possession limit of 500 lb (227 kg) to 
allow small landings of tilefish caught by non-IFQ vessels targeting 
other species. In recent years, there have been increasing reports of 
non-IFQ vessels specifically targeting golden tilefish to land the 
maximum commercial incidental possession limit. In an effort to ensure 
that the incidental fishery functions as originally intended, this 
action modifies the commercial possession limit to ensure that vessels 
are targeting other species, and only incidentally catching golden 
tilefish. This action adjusts the commercial golden tilefish landing 
limit to: 500 lb (227 kg) or 50 percent, by weight, of all fish, 
including the golden tilefish, on board the vessel, whichever is less.

Individual Fishing Quota Authorized Vessels

    Tilefish IFQ allocation holders may authorize one or more vessels 
to land tilefish under their allocation. All golden tilefish landed by 
those vessels are then deducted from that allocation. We do not 
currently have a mechanism for a vessel to attribute golden tilefish 
landings from a single trip to more than one IFQ allocation. To create 
such a system would increase reporting burden on vessels and dealers, 
and add complexity to the IFQ accounting and cost recovery systems. In 
order to maintain simple and efficient administration of the IFQ 
fishery, this action prohibits a vessel from being authorized to land 
tilefish under multiple IFQ allocations on the same trip. A vessel 
could still change IFQ allocations over the course of the year while 
only being authorized by one IFQ allocation at a time. In addition, IFQ 
allocation holders can lease quota to maintain flexibility in 
harvesting their allocation.

Assumed Discards in Quota-Setting Process

    The current specification process sets the annual catch limit (ACL) 
equal to the acceptable biological catch (ABC). The ACL is adjusted to 
address any management uncertainty to set an annual catch target (ACT), 
then assumed discards of golden tilefish are deducted from the ACT to 
generate the total

[[Page 10805]]

allowable landings (TAL). The incidental fishery is then allocated 5 
percent of the TAL, and the remaining 95 percent of the TAL is divided 
among the IFQ shareholders based on their individual quota holdings. 
However, discarding golden tilefish is prohibited in the IFQ fishery. 
As a result, observed discards occur almost entirely in the incidental 
fishery. This action adjusts the specification process to allocate the 
ACT between the incidental and IFQ fisheries using the 5- and 95-
percent split. Sector-specific assumed discards are then deducted to 
establish sector-specific TALs. The IFQ TAL is then allocated to the 
individual IFQ shareholders.

Updated Specifications

    On November 7, 2017, we published a final rule (82 FR 51578) 
setting specifications for the 2018 commercial golden tilefish fishery 
and announcing projected specifications for the 2019 and 2020 fishing 
years. As discussed in that rule, the specifications were based on the 
regulations that were effective at the time but were anticipated to be 
revised if Framework 2 was fully implemented. Table 1 shows the 2018 
golden tilefish specifications as implemented by the November 7, 2017, 
rule and new specification values that result from this rule. When this 
rule becomes effective, we will adjust each IFQ allocation based on the 
new higher IFQ TAL. Table 2 shows updated projected specifications for 
the 2019 and 2020 fishing years.

               Table 1--Changes to 2018 Golden Tilefish Specifications as a Result of This Action
----------------------------------------------------------------------------------------------------------------
                                                          As implemented                    Framework 2
                                                 ---------------------------------------------------------------
                                                    million lb          mt          million lb          mt
----------------------------------------------------------------------------------------------------------------
Overfishing Limit...............................           2.332           1,058           2.332           1,058
ABC.............................................           1.636             742           1.636             742
ACL.............................................           1.636             742           1.636             742
IFQ ACT.........................................              NA              NA           1.554             705
Incidental ACT..................................              NA              NA           0.082              37
TAL.............................................           1.627             738              NA              NA
IFQ TAL.........................................           1.546             701           1.554             705
Incidental TAL..................................           0.081              37           0.072              33
----------------------------------------------------------------------------------------------------------------


                     Table 2--Updated Projected 2019 and 2020 Golden Tilefish Specifications
----------------------------------------------------------------------------------------------------------------
                                                               2019                            2020
                                                 ---------------------------------------------------------------
                                                    million lb          mt          million lb          mt
----------------------------------------------------------------------------------------------------------------
Overfishing Limit...............................           2.421           1,098           2.291           1,039
ABC.............................................           1.636             742           1.636             742
ACL.............................................           1.636             742           1.636             742
IFQ ACT.........................................           1.554             705           1.554             705
Incidental ACT..................................           0.082              37           0.082              37
IFQ TAL.........................................           1.554             705           1.554             705
Incidental TAL..................................           0.072              33           0.072              33
----------------------------------------------------------------------------------------------------------------

Comments and Responses

    We received two comments on the proposed rule. One comment did not 
mention or relate to the proposed measures or fishing in any way and is 
not discussed further. The other commenter supported all of the 
proposed measures and stated the changes would benefit all participants 
in the fishery.

Changes From the Proposed Rule

    There are no changes to the measures from the proposed rule. 
However, a final rule published on November 15, 2017 (82 FR 52851), 
made changes to some of the same regulatory paragraphs as this rule. As 
a result, the regulatory text in this action reflects the current CFR.

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 the Tilefish FMP, 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.
    Pursuant to 5 U.S.C. 553(d)(1), this rule is not subject to the 30-
day delayed effectiveness provision of the Administrative Procedure Act 
because the change to 50 CFR 648.7(a)(2)(ii) relieves the restriction 
requiring tilefish IFQ vessels to report each fishing trip through the 
IVR system. As explained above, this reporting requirement is redundant 
and no longer used for monitoring catch. A delay in effectiveness of 
this change would unnecessarily continue this reporting burden with no 
benefit to the industry, the tilefish resource, or the government. All 
other aspects of this rule are subject to a 30-day delay in 
effectiveness.
    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 would 
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 and no information has arisen leading to a 
different conclusion. As a result, a regulatory flexibility analysis 
was not required and none was prepared.
    This final rule contains a revision to a collection-of-information 
requirement subject to the Paperwork Reduction Act (PRA), which has 
been approved by OMB under control number 0648-0590. Public reporting 
burden for the IVR reporting requirement is estimated to average 2 
minutes for each IVR response, including the time for reviewing 
instructions, searching

[[Page 10806]]

existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. This rule 
removes this reporting burden. Send comments regarding these burden 
estimates or any other aspect of this data collection, including 
suggestions for reducing the burden, to NMFS (see ADDRESSES) and by 
email to [email protected], or fax to 202-395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: March 7, 2018.
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.


Sec.  648.7   [Amended]

0
2. In Sec.  648.7, paragraph (b)(2)(ii) is removed and reserved.

0
3. In Sec.  648.14, paragraphs (u)(2)(vi) and (viii) are revised and 
paragraph (u)(2)(ix) is added to read as follows:


Sec.  648.14   Prohibitions.

* * * * *
    (u) * * *
    (2) * * *
    (vi) Land or possess golden tilefish in or from the Tilefish 
Management Unit, on a vessel issued a valid tilefish permit under this 
part, after the incidental golden tilefish fishery is closed pursuant 
to Sec.  648.295(a)(3), unless fishing under a valid tilefish IFQ 
allocation permit as specified in Sec.  648.294(a), or engaged in 
recreational fishing.
* * * * *
    (viii) Land or possess golden or blueline tilefish in or from the 
Tilefish Management Unit, on a vessel issued a valid commercial 
tilefish permit under this part, that do not have the head and fins 
naturally attached to the fish.
    (ix) Engage in recreational fishing for golden tilefish with 
fishing gear that is not compliant with the gear restrictions specified 
at Sec.  648.296.
* * * * *

0
4. In Sec.  648.291, paragraph (a) introductory text and paragraph 
(a)(1) are revised to read as follows:


Sec.  648.291   Tilefish Annual Catch Targets (ACT).

    (a) Golden tilefish. The Tilefish Monitoring Committee shall 
identify and review the relevant sources of management uncertainty to 
recommend ACTs for the individual fishing quota (IFQ) and incidental 
sectors of the fishery as part of the golden tilefish specification 
process. The Tilefish Monitoring Committee recommendations shall 
identify the specific sources of management uncertainty that were 
considered, technical approaches to mitigating these sources of 
uncertainty, and any additional relevant information considered in the 
ACT recommendation process.
    (1) ACT allocation. (i) The ACT shall be less than or equal to the 
ACL.
    (ii) The Tilefish Monitoring Committee shall include the fishing 
mortality associated with the recreational fishery in its ACT 
recommendations only if this source of mortality has not already been 
accounted for in the ABC recommended by the SSC.
    (iii) The Tilefish Monitoring Committee shall allocate 5 percent of 
the ACT to the incidental sector of the fishery and the remaining 95 
percent to the IFQ sector.
* * * * *

0
5. In Sec.  648.292, paragraphs (a)(1) through (a)(4) are revised to 
read as follows:


Sec.  648.292   Tilefish specifications.

    (a) * * *
    (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) for the IFQ and/or incidental sectors of the fishery 
require modification to respond to any changes to the golden tilefish 
stock's biological reference points or to ensure any applicable 
rebuilding schedule is maintained. The Monitoring Committee will 
consider whether any additional management measures or revisions to 
existing measures are necessary to ensure that the IFQ and/or 
incidental TAL will not be exceeded. Based on that review, the 
Monitoring Committee will recommend golden tilefish ACL, ACTs, and TALs 
to the Tilefish Committee of the MAFMC. Based on these recommendations 
and any public comment received, the Tilefish Committee shall recommend 
to the MAFMC the appropriate golden tilefish ACL, ACT, TAL, and other 
management measures for both the IFQ and the incidental sectors of the 
fishery for a single fishing year or up to 3 years. The MAFMC shall 
review these recommendations and any public comments received, and 
recommend to the Regional Administrator, at least 120 days prior to the 
beginning of the next fishing year, the appropriate golden tilefish 
ACL, ACT, TAL, the percentage of TAL allocated to research quota, and 
any management measures to ensure that the TAL will not be exceeded, 
for both the IFQ and the incidental sectors of the fishery, for the 
next fishing year, or up to 3 fishing years. The MAFMC's 
recommendations must include supporting documentation, as appropriate, 
concerning the environmental and economic impacts of the 
recommendations. The Regional Administrator shall review these 
recommendations, and after such review, NMFS will publish a proposed 
rule in the Federal Register specifying the annual golden tilefish ACL, 
ACT, TAL, and any management measures to ensure that the TAL will not 
be exceeded for the upcoming fishing year or years for both the IFQ and 
the incidental sectors of the fishery. After considering public 
comments, NMFS will publish a final rule in the Federal Register to 
implement the golden tilefish ACL, ACTs, TALs and any management 
measures. The previous year's specifications will remain effective 
unless revised through the specification process and/or the 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 TALs for both the IFQ 
and the incidental sectors of the fishery for each fishing year will be 
specified pursuant to paragraph (a)(1) of this section.
    (ii) The sum of the sector-specific TAL and the estimated sector-
specific discards shall be less than or equal to the ACT for that 
sector of the fishery.
    (3) TAL allocation. For each fishing year, up to 3 percent of the 
incidental and IFQ TALs may be set aside for the purpose of funding 
research. The remaining IFQ TAL will be allocated to the individual IFQ 
permit holders as described in Sec.  648.294(a).

[[Page 10807]]

    (4) Adjustments to the quota. If the incidental harvest exceeds the 
incidental TAL for a given fishing year, the incidental trip limit 
specified at Sec.  648.295(a)(2) may be reduced in the following 
fishing year. If an adjustment is required, a notification of 
adjustment of the quota will be published in the Federal Register.
* * * * *

0
6. In Sec.  648.293, paragraph (a)(1) is revised to read as follows:


Sec.  648.293   Tilefish accountability measures.

    (a) * * *
    (1) Commercial incidental fishery closure. See Sec.  648.295(a)(3).
* * * * *

0
7. In Sec.  648.294, paragraph (b)(4) is revised to read as follows:


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

* * * * *
    (b) * * *
    (4) IFQ vessel. (i) All Federal vessel permit numbers listed on the 
IFQ allocation permit are authorized to possess golden tilefish 
pursuant to the IFQ allocation permit.
    (ii) An IFQ allocation permit holder who wishes to authorize an 
additional vessel(s) to possess golden tilefish pursuant to the IFQ 
allocation permit must send written notification to NMFS. This 
notification must include:
    (A) The vessel name and permit number, and
    (B) The dates on which the IFQ allocation permit holder desires the 
vessel to be authorized to land golden tilefish pursuant to the IFQ 
allocation permit.
    (iii) A vessel listed on the IFQ allocation permit is authorized to 
possess golden tilefish pursuant to the subject permit, until the end 
of the fishing year or until NMFS receives written notification from 
the IFQ allocation permit holder to remove the vessel.
    (iv) A single vessel may not be listed on more than one IFQ 
allocation permit at the same time.
    (v) A copy of the IFQ allocation permit must be carried on board 
each vessel so authorized to possess IFQ golden tilefish.
* * * * *

0
8. Amend Sec.  648.295 by:
0
a. Revising the section heading;
0
b. Revising paragraphs (a) and (b)(1); and
0
c. Adding paragraph (c).
    The revisions and addition read as follows:


Sec.  648.295   Tilefish commercial trip limits and landing condition.

    (a) Golden tilefish--(1) IFQ landings. Any golden tilefish landed 
by a vessel fishing under an IFQ allocation permit as specified at 
Sec.  648.294(a), on a given fishing trip, count as landings under the 
IFQ allocation permit.
    (2) Incidental trip limit for vessels not fishing under an IFQ 
allocation. Any vessel of the United States fishing under a tilefish 
vessel permit, as described at Sec.  648.4(a)(12), unless the vessel is 
fishing under a tilefish IFQ allocation permit, is prohibited from 
possessing more than:
    (i) 500 lb (226.8 kg) of golden tilefish at any time, or
    (ii) 50 percent, by weight, of the total of all species being 
landed; whichever is less.
    (3) In-season closure of the incidental fishery. The Regional 
Administrator will monitor the harvest of the golden tilefish 
incidental TAL based on dealer reports and other available information, 
and shall determine the date when the incidental golden tilefish TAL 
has been landed. The Regional Administrator shall publish a notice in 
the Federal Register notifying vessel and dealer permit holders that, 
effective upon a specific date, the incidental golden tilefish fishery 
is closed for the remainder of the fishing year.
    (b) Blueline tilefish--(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 gutted blueline tilefish per trip in or from the Tilefish 
Management Unit.
* * * * *
    (c) Landing condition. Commercial golden or blueline tilefish must 
be landed with head and fins naturally attached, but may be gutted.

0
9. In Sec.  648.296, the section heading and paragraph (a) are revised 
to read as follows:


Sec.  648.296   Tilefish recreational possession limits and gear 
restrictions.

    (a) Golden tilefish. (1) Any person fishing from a vessel that is 
not fishing under a tilefish commercial vessel permit issued pursuant 
to Sec.  648.4(a)(12), may land up to eight golden tilefish per trip. 
Anglers fishing onboard a charter/party vessel shall observe the 
recreational possession limit.
    (2) Any vessel engaged in recreational fishing may not retain 
golden tilefish, unless exclusively using rod and reel fishing gear, 
with a maximum limit of five hooks per rod. Anglers may use either a 
manual or an electric reel.
* * * * *
[FR Doc. 2018-04974 Filed 3-12-18; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Rules and Regulations 10803 the aggregated LCS and hammerhead sub-region is prohibited for persons the public interest because the fishery is shark management groups while leaving fishing aboard vessels issued a currently underway and any delay in only the blacktip shark fishery open in commercial shark limited access permit this action would result in overharvest the western Gulf of Mexico sub-region under § 635.4. However, persons aboard of the quotas for these species and could cause large numbers of regulatory a commercially permitted vessel that is management groups and thus would be discards of aggregated LCS species. also properly permitted to operate as a inconsistent with fishery management Such discards could hinder the charter vessel or headboat for HMS, has requirements and objectives. The management goals and interfere with a shark endorsement, and is engaged in regulations implementing the 2006 accomplishing the objectives of the 2006 a for-hire trip could fish under the Consolidated HMS FMP and Consolidated HMS FMP and its recreational retention limits for sharks amendments provide for inseason amendments (§ 635.28(b)(5)(iii)), which and ‘‘no sale’’ provisions (§ 635.22 (c)). retention limit adjustments and fishery include preventing overfishing while Similarly, persons aboard a closures to respond to the unpredictable achieving on a continuing basis commercially permitted vessel that nature of availability on the fishing optimum yield and rebuilding possesses a valid shark research permit grounds, the migratory nature of the overfished shark stocks. Such discards under § 635.32 and has a NMFS- species, and the regional variations. would also be contrary to National approved observer onboard may NMFS is not able to give notice sooner Standard 9, which requires that continue to harvest and sell blacktip nor would sooner notice be practicable management measures minimize sharks, aggregated LCS, and/or given the structure of the regulations, bycatch and bycatch mortality, hammerhead sharks in the western Gulf which close the fisheries under particularly if the discards are dead and of Mexico sub-region pursuant to the specified regulatory criteria or are of overfished species. A single terms and conditions of the shark thresholds, and closure determinations closure for the blacktip, aggregated LCS, research permit. need to be based on near real-time data and hammerhead management groups During this closure, a shark dealer to balance fishing opportunities against in the western Gulf of Mexico sub- issued a permit pursuant to § 635.4 may the management goal of preventing region would minimize regulatory not purchase or receive blacktip sharks, quota overharvests. Similarly, affording discards, and help prevent overfishing, aggregated LCS, and/or hammerhead prior notice and opportunity for public of aggregated LCS in the western Gulf of sharks in the western Gulf of Mexico comment on this action is contrary to Mexico sub-region, consistent with the sub-region from a vessel issued an the public interest because if a quota is Magnuson-Stevens Fishery Atlantic shark limited access permit exceeded, the stock may be negatively Conservation and Management Act and (LAP), except that a permitted shark affected and fishermen ultimately could the criteria at § 635.28(b)(5). dealer or processor may possess blacktip experience reductions in the available Accordingly, NMFS is closing the sharks, aggregated LCS, and/or quota and a lack of fishing opportunities commercial blacktip shark fishery in the hammerhead sharks in the western Gulf in future seasons. For these reasons, the western Gulf of Mexico sub-region as of of Mexico sub-region that were AA also finds good cause to waive the 11:30 p.m. local time March 13, 2018. harvested, off-loaded, and sold, traded, 30-day delay in effective date pursuant All other shark species or or bartered prior to the effective date of to 5 U.S.C. 553(d)(3). This action is management groups in the western Gulf the closure and were held in storage required under § 635.28(b)(3) and of Mexico sub-region that are currently consistent with § 635.28(b)(6). § 635.28(b)(5) and is exempt from open will remain open, including the Additionally, a permitted shark dealer review under Executive Order 12866. commercial Gulf of Mexico non- or processor may possess blacktip blacknose small coastal sharks (SCS), sharks, aggregated LCS, and/or Authority: 16 U.S.C. 1801 et seq. blue sharks, smoothhound sharks, and hammerhead sharks in the western Gulf Dated: March 8, 2018 pelagic sharks other than porbeagle or of Mexico sub-region that were Emily H. Menashes, blue sharks. harvested by a vessel issued a valid Acting Director, Office of Sustainable The boundary between the Gulf of shark research fishery permit per Fisheries, National Marine Fisheries Service. Mexico region and the Atlantic region is § 635.32 with a NMFS-approved [FR Doc. 2018–05058 Filed 3–8–18; 4:15 pm] defined at § 635.27(b)(1) as a line observer onboard during the trip the BILLING CODE 3510–22–P beginning on the East Coast of Florida sharks were taken on as long as the LCS at the mainland at 25°20.4′ N. lat, research fishery quota remains open. proceeding due east. Any water and Similarly, a shark dealer issued a permit DEPARTMENT OF COMMERCE land to the south and west of that pursuant to § 635.4 may, in accordance boundary is considered for the purposes with relevant state regulations, purchase National Oceanic and Atmospheric of monitoring and setting quotas, to be or receive blacktip sharks, aggregated Administration within the Gulf of Mexico region. The LCS, and/or hammerhead sharks in the boundary between the western and western Gulf of Mexico sub-region if the 50 CFR Part 648 eastern Gulf of Mexico sub-regions is sharks were harvested, off-loaded, and drawn along 88° 00′ W. long sold, traded, or bartered from a vessel [Docket No. 160229159–8236–02] (§ 635.27(b)(1)(ii)). Persons fishing that fishes only in state waters and that aboard vessels issued a commercial has not been issued an Atlantic Shark RIN 0648–BF85 shark limited access permit under LAP, HMS Angling permit, or HMS § 635.4 may still retain blacktip sharks, Fisheries of the Northeastern United Charter/Headboat permit pursuant to aggregated LCS, and/or hammerhead States; Framework 2 to the Tilefish § 635.4. sharks management groups in the Fishery Management Plan amozie on DSK30RV082PROD with RULES eastern Gulf of Mexico sub-region (east Classification AGENCY: National Marine Fisheries of 88° 00′ W. long). Pursuant to 5 U.S.C. 553(b)(B), the Service (NMFS), National Oceanic and During the closure, retention of Assistant Administrator for Fisheries, Atmospheric Administration (NOAA), blacktip sharks, aggregated LCS, and/or NOAA (AA), finds that providing prior Commerce. hammerhead sharks management notice and public comment for this ACTION: Final rule. groups in the western Gulf of Mexico action is impracticable and contrary to VerDate Sep<11>2014 16:26 Mar 12, 2018 Jkt 244001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\13MRR1.SGM 13MRR1

10804 Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Rules and Regulations SUMMARY: This final rule implements Framework Adjustment 2 Measures limits and quotas in landed weight, the management measures contained in eliminating the need to use a conversion Interactive Voice Response System (IVR) Framework Adjustment 2 to the Tilefish factor. This will simplify catch Reporting Requirement Removal Fishery Management Plan and adjusts accounting and improve compliance for the 2018 specifications for this fishery. Commercial fishing vessels that land individuals participating in the The Mid-Atlantic Fishery Management golden tilefish under the individual commercial tilefish fishery. Council developed Framework fishing quota (IFQ) system are currently required to report each trip within 48 Commercial Golden Tilefish Possession Adjustment 2 to improve and simplify Limit the administration of the golden tilefish hours of landing through our IVR fishery. These changes include system. The Council originally created When the Council created the tilefish removing an outdated reporting this reporting requirement when the IFQ system, it allocated a separate quota requirement, proscribing allowed gear fishery was managed under three permit and commercial possession limit of 500 for the recreational fishery, modifying categories, each with a sector-specific lb (227 kg) to allow small landings of the commercial incidental possession annual landing limit. The IVR system tilefish caught by non-IFQ vessels limit, requiring commercial golden provided timely landing reports to track targeting other species. In recent years, tilefish be landed with the head and fins quota use and allowed managers to there have been increasing reports of attached, and revising how assumed close a permit category if the annual non-IFQ vessels specifically targeting discards are accounted for when setting landing cap was reached. When the golden tilefish to land the maximum harvest limits. Based on new regulations Council changed the management of the commercial incidental possession limit. implemented by this rule, this action fishery to an IFQ system, it retained the In an effort to ensure that the incidental updates previously published IVR system to allow additional fishery functions as originally intended, specifications for the commercial golden monitoring of landings. Improvements this action modifies the commercial tilefish fishery for 2018 and projected in electronic dealer-reported landings possession limit to ensure that vessels specifications for 2019 and 2020. and other data streams have rendered are targeting other species, and only this IVR report redundant, and the data incidentally catching golden tilefish. DATES: This rule is effective April 12, are no longer used to monitor quotas. This action adjusts the commercial 2018, except for the amendment to This action eliminates this unnecessary golden tilefish landing limit to: 500 lb § 648.7(b)(2)(ii), which is effective reporting requirement. (227 kg) or 50 percent, by weight, of all March 13, 2018. fish, including the golden tilefish, on ADDRESSES: Copies of Framework 2 and Recreational Fishing Gear Limit board the vessel, whichever is less. the Environmental Assessment (EA), In recent years, the Council has with its associated Finding of No received reports of recreational Individual Fishing Quota Authorized Significant Impact (FONSI) and the fishermen using ‘‘mini-longline’’ gear Vessels Regulatory Impact Review (RIR), are with a large number of hooks to target Tilefish IFQ allocation holders may available from the Mid-Atlantic Fishery tilefish. The Council is concerned the authorize one or more vessels to land Management Council, 800 North State use of this gear could result in increased tilefish under their allocation. All Street, Suite 201, Dover, DE 19901. dead discards of tilefish if fishermen golden tilefish landed by those vessels Written comments regarding the catch more than the eight-fish per are then deducted from that allocation. burden-hour estimates or other aspects person bag limit using this type of gear. We do not currently have a mechanism of the collection-of-information The Magnuson-Stevens Act list of for a vessel to attribute golden tilefish requirements contained in this final rule authorized gear types at 50 CFR landings from a single trip to more than may be submitted to the Greater Atlantic 600.75(v) already restricts the one IFQ allocation. To create such a Regional Fisheries Office, 55 Great recreational fishery to rod and reel and system would increase reporting burden Republic Drive, Gloucester, MA 01930, spear gear. However, to avoid any on vessels and dealers, and add and by email to OIRA_Submission@ potential confusion and clarify the complexity to the IFQ accounting and omb.eop.gov, or fax to 202–395–7285 amount of gear allowed, this action cost recovery systems. In order to FOR FURTHER INFORMATION CONTACT: codifies that rod and reel with a maintain simple and efficient Douglas Potts, Fishery Policy Analyst, maximum of five hooks per rod is the administration of the IFQ fishery, this 978–281–9341. only authorized recreational tilefish gear action prohibits a vessel from being SUPPLEMENTARY INFORMATION: for use in the Mid-Atlantic. Anglers authorized to land tilefish under could use either a manual or an electric multiple IFQ allocations on the same Background reel. trip. A vessel could still change IFQ This action implements Framework allocations over the course of the year Adjustment 2 to the Tilefish Fishery Commercial Golden Tilefish Landing while only being authorized by one IFQ Management Plan (FMP). The Mid- Condition allocation at a time. In addition, IFQ Atlantic Fishery Management Council The commercial tilefish fishery allocation holders can lease quota to developed this framework to improve typically lands fish in a head-on, gutted maintain flexibility in harvesting their and simplify management measures for condition. However, quotas and allocation. the golden tilefish fishery in Federal possession limits are in whole (round) waters north of the Virginia/North weight. This requires the fishing Assumed Discards in Quota-Setting Carolina border, consistent with the industry to use a conversion factor to Process requirements of the Magnuson-Stevens change landed weight to whole weight The current specification process sets Fishery Conservation and Management to comply with incidental possession the annual catch limit (ACL) equal to amozie on DSK30RV082PROD with RULES Act (Magnuson-Stevens Act). We limits and IFQ allocations. This action the acceptable biological catch (ABC). published a proposed rule for this requires commercially-caught golden The ACL is adjusted to address any action on October 23, 2017 (82 FR tilefish to be landed with the head and management uncertainty to set an 48967), with a comment period through fins attached, although they could be annual catch target (ACT), then assumed November 7, 2017. See Comments and gutted. By requiring this, we can more discards of golden tilefish are deducted Responses section for more information. reliably specify and monitor landing from the ACT to generate the total VerDate Sep<11>2014 16:26 Mar 12, 2018 Jkt 244001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\13MRR1.SGM 13MRR1

Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Rules and Regulations 10805 allowable landings (TAL). The split. Sector-specific assumed discards rule, the specifications were based on incidental fishery is then allocated 5 are then deducted to establish sector- the regulations that were effective at the percent of the TAL, and the remaining specific TALs. The IFQ TAL is then time but were anticipated to be revised 95 percent of the TAL is divided among allocated to the individual IFQ if Framework 2 was fully implemented. the IFQ shareholders based on their shareholders. Table 1 shows the 2018 golden tilefish individual quota holdings. However, specifications as implemented by the Updated Specifications discarding golden tilefish is prohibited November 7, 2017, rule and new in the IFQ fishery. As a result, observed On November 7, 2017, we published specification values that result from this discards occur almost entirely in the a final rule (82 FR 51578) setting rule. When this rule becomes effective, incidental fishery. This action adjusts specifications for the 2018 commercial we will adjust each IFQ allocation based the specification process to allocate the golden tilefish fishery and announcing on the new higher IFQ TAL. Table 2 ACT between the incidental and IFQ projected specifications for the 2019 and shows updated projected specifications fisheries using the 5- and 95-percent 2020 fishing years. As discussed in that for the 2019 and 2020 fishing years. TABLE 1—CHANGES TO 2018 GOLDEN TILEFISH SPECIFICATIONS AS A RESULT OF THIS ACTION As implemented Framework 2 million lb mt million lb mt Overfishing Limit .............................................................................................. 2.332 1,058 2.332 1,058 ABC .................................................................................................................. 1.636 742 1.636 742 ACL .................................................................................................................. 1.636 742 1.636 742 IFQ ACT ........................................................................................................... NA NA 1.554 705 Incidental ACT ................................................................................................. NA NA 0.082 37 TAL .................................................................................................................. 1.627 738 NA NA IFQ TAL ........................................................................................................... 1.546 701 1.554 705 Incidental TAL .................................................................................................. 0.081 37 0.072 33 TABLE 2—UPDATED PROJECTED 2019 AND 2020 GOLDEN TILEFISH SPECIFICATIONS 2019 2020 million lb mt million lb mt Overfishing Limit .............................................................................................. 2.421 1,098 2.291 1,039 ABC .................................................................................................................. 1.636 742 1.636 742 ACL .................................................................................................................. 1.636 742 1.636 742 IFQ ACT ........................................................................................................... 1.554 705 1.554 705 Incidental ACT ................................................................................................. 0.082 37 0.082 37 IFQ TAL ........................................................................................................... 1.554 705 1.554 705 Incidental TAL .................................................................................................. 0.072 33 0.072 33 Comments and Responses other provisions of the Magnuson- The Chief Counsel for Regulation of Stevens Act, and other applicable law. the Department of Commerce certified We received two comments on the proposed rule. One comment did not This final rule has been determined to to the Chief Counsel for Advocacy of the mention or relate to the proposed be not significant for purposes of Small Business Administration during measures or fishing in any way and is Executive Order 12866. Because this the proposed rule stage that this action not discussed further. The other rule is not significant under Executive would not have a significant economic commenter supported all of the Order 12866, this rule is not an impact on a substantial number of small proposed measures and stated the Executive Order 13771 regulatory entities. The factual basis for the changes would benefit all participants action. certification was published in the in the fishery. Pursuant to 5 U.S.C. 553(d)(1), this proposed rule and is not repeated here. rule is not subject to the 30-day delayed No comments were received regarding Changes From the Proposed Rule effectiveness provision of the this certification and no information has There are no changes to the measures Administrative Procedure Act because arisen leading to a different conclusion. from the proposed rule. However, a final the change to 50 CFR 648.7(a)(2)(ii) As a result, a regulatory flexibility rule published on November 15, 2017 relieves the restriction requiring tilefish analysis was not required and none was (82 FR 52851), made changes to some of IFQ vessels to report each fishing trip prepared. the same regulatory paragraphs as this through the IVR system. As explained This final rule contains a revision to rule. As a result, the regulatory text in above, this reporting requirement is a collection-of-information requirement this action reflects the current CFR. redundant and no longer used for subject to the Paperwork Reduction Act monitoring catch. A delay in (PRA), which has been approved by amozie on DSK30RV082PROD with RULES Classification effectiveness of this change would OMB under control number 0648–0590. Pursuant to section 304(b)(1)(A) of the unnecessarily continue this reporting Public reporting burden for the IVR Magnuson-Stevens Act, the burden with no benefit to the industry, reporting requirement is estimated to Administrator, Greater Atlantic Region, the tilefish resource, or the government. average 2 minutes for each IVR NMFS, has determined that this final All other aspects of this rule are subject response, including the time for rule is consistent with the Tilefish FMP, to a 30-day delay in effectiveness. reviewing instructions, searching VerDate Sep<11>2014 16:26 Mar 12, 2018 Jkt 244001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\13MRR1.SGM 13MRR1

10806 Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Rules and Regulations existing data sources, gathering and not compliant with the gear restrictions recommend golden tilefish ACL, ACTs, maintaining the data needed, and specified at § 648.296. and TALs to the Tilefish Committee of completing and reviewing the collection * * * * * the MAFMC. Based on these of information. This rule removes this ■ 4. In § 648.291, paragraph (a) recommendations and any public reporting burden. Send comments introductory text and paragraph (a)(1) comment received, the Tilefish regarding these burden estimates or any are revised to read as follows: Committee shall recommend to the other aspect of this data collection, MAFMC the appropriate golden tilefish including suggestions for reducing the § 648.291 Tilefish Annual Catch Targets ACL, ACT, TAL, and other management burden, to NMFS (see ADDRESSES) and (ACT). measures for both the IFQ and the by email to OIRA_Submission@ (a) Golden tilefish. The Tilefish incidental sectors of the fishery for a omb.eop.gov, or fax to 202–395–7285. Monitoring Committee shall identify single fishing year or up to 3 years. The Notwithstanding any other provision and review the relevant sources of MAFMC shall review these of the law, no person is required to management uncertainty to recommend recommendations and any public respond to, and no person shall be ACTs for the individual fishing quota comments received, and recommend to subject to penalty for failure to comply (IFQ) and incidental sectors of the the Regional Administrator, at least 120 with, a collection of information subject fishery as part of the golden tilefish days prior to the beginning of the next to the requirements of the PRA, unless specification process. The Tilefish fishing year, the appropriate golden that collection of information displays a Monitoring Committee tilefish ACL, ACT, TAL, the percentage currently valid OMB control number. recommendations shall identify the of TAL allocated to research quota, and List of Subjects in 50 CFR Part 648 specific sources of management any management measures to ensure uncertainty that were considered, that the TAL will not be exceeded, for Fisheries, Fishing, Reporting and both the IFQ and the incidental sectors technical approaches to mitigating these recordkeeping requirements. of the fishery, for the next fishing year, sources of uncertainty, and any Dated: March 7, 2018. additional relevant information or up to 3 fishing years. The MAFMC’s Samuel D. Rauch, III, considered in the ACT recommendation recommendations must include Deputy Assistant Administrator for process. supporting documentation, as Regulatory Programs, National Marine (1) ACT allocation. (i) The ACT shall appropriate, concerning the Fisheries Service. be less than or equal to the ACL. environmental and economic impacts of For the reasons set out in the (ii) The Tilefish Monitoring the recommendations. The Regional preamble, 50 CFR part 648 is amended Committee shall include the fishing Administrator shall review these as follows: mortality associated with the recommendations, and after such recreational fishery in its ACT review, NMFS will publish a proposed PART 648—FISHERIES OF THE recommendations only if this source of rule in the Federal Register specifying NORTHEASTERN UNITED STATES mortality has not already been the annual golden tilefish ACL, ACT, ■ 1. The authority citation for part 648 accounted for in the ABC recommended TAL, and any management measures to continues to read as follows: by the SSC. ensure that the TAL will not be (iii) The Tilefish Monitoring exceeded for the upcoming fishing year Authority: 16 U.S.C. 1801 et seq. Committee shall allocate 5 percent of or years for both the IFQ and the § 648.7 [Amended] the ACT to the incidental sector of the incidental sectors of the fishery. After fishery and the remaining 95 percent to considering public comments, NMFS ■ 2. In § 648.7, paragraph (b)(2)(ii) is the IFQ sector. will publish a final rule in the Federal removed and reserved. * * * * * Register to implement the golden ■ 3. In § 648.14, paragraphs (u)(2)(vi) tilefish ACL, ACTs, TALs and any and (viii) are revised and paragraph ■ 5. In § 648.292, paragraphs (a)(1) through (a)(4) are revised to read as management measures. The previous (u)(2)(ix) is added to read as follows: year’s specifications will remain follows: § 648.14 Prohibitions. effective unless revised through the * * * * * § 648.292 Tilefish specifications. specification process and/or the (u) * * * (a) * * * research quota process described in (2) * * * (1) Annual specification process. The paragraph (a)(5) of this section. NMFS (vi) Land or possess golden tilefish in Tilefish Monitoring Committee shall will issue notification in the Federal or from the Tilefish Management Unit, review the ABC recommendation of the Register if the previous year’s on a vessel issued a valid tilefish permit SSC, golden tilefish landings and specifications will not be changed. under this part, after the incidental discards information, and any other (2) Total Allowable Landings (TAL). golden tilefish fishery is closed relevant available data to determine if (i) The TALs for both the IFQ and the pursuant to § 648.295(a)(3), unless the golden tilefish ACL, ACT, or total incidental sectors of the fishery for each fishing under a valid tilefish IFQ allowable landings (TAL) for the IFQ fishing year will be specified pursuant allocation permit as specified in and/or incidental sectors of the fishery to paragraph (a)(1) of this section. § 648.294(a), or engaged in recreational require modification to respond to any (ii) The sum of the sector-specific fishing. changes to the golden tilefish stock’s TAL and the estimated sector-specific * * * * * biological reference points or to ensure discards shall be less than or equal to (viii) Land or possess golden or any applicable rebuilding schedule is the ACT for that sector of the fishery. blueline tilefish in or from the Tilefish maintained. The Monitoring Committee (3) TAL allocation. For each fishing amozie on DSK30RV082PROD with RULES Management Unit, on a vessel issued a will consider whether any additional year, up to 3 percent of the incidental valid commercial tilefish permit under management measures or revisions to and IFQ TALs may be set aside for the this part, that do not have the head and existing measures are necessary to purpose of funding research. The fins naturally attached to the fish. ensure that the IFQ and/or incidental remaining IFQ TAL will be allocated to (ix) Engage in recreational fishing for TAL will not be exceeded. Based on that the individual IFQ permit holders as golden tilefish with fishing gear that is review, the Monitoring Committee will described in § 648.294(a). VerDate Sep<11>2014 16:26 Mar 12, 2018 Jkt 244001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\13MRR1.SGM 13MRR1

Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Rules and Regulations 10807 (4) Adjustments to the quota. If the § 648.295 Tilefish commercial trip limits five hooks per rod. Anglers may use incidental harvest exceeds the and landing condition. either a manual or an electric reel. incidental TAL for a given fishing year, (a) Golden tilefish—(1) IFQ landings. * * * * * the incidental trip limit specified at Any golden tilefish landed by a vessel [FR Doc. 2018–04974 Filed 3–12–18; 8:45 am] § 648.295(a)(2) may be reduced in the fishing under an IFQ allocation permit BILLING CODE 3510–22–P following fishing year. If an adjustment as specified at § 648.294(a), on a given is required, a notification of adjustment fishing trip, count as landings under the of the quota will be published in the IFQ allocation permit. DEPARTMENT OF COMMERCE Federal Register. (2) Incidental trip limit for vessels not * * * * * National Oceanic and Atmospheric fishing under an IFQ allocation. Any Administration ■ 6. In § 648.293, paragraph (a)(1) is vessel of the United States fishing under revised to read as follows: a tilefish vessel permit, as described at 50 CFR Part 679 § 648.4(a)(12), unless the vessel is § 648.293 Tilefish accountability fishing under a tilefish IFQ allocation [Docket No. 170816769–8162–02 and measures. 170817779–8161–02] permit, is prohibited from possessing (a) * * * more than: RIN 0648–XG019 (1) Commercial incidental fishery (i) 500 lb (226.8 kg) of golden tilefish closure. See § 648.295(a)(3). at any time, or Fisheries of the Exclusive Economic * * * * * (ii) 50 percent, by weight, of the total Zone Off Alaska; Sablefish Managed ■ 7. In § 648.294, paragraph (b)(4) is of all species being landed; whichever is Under the Individual Fishing Quota revised to read as follows: less. Program § 648.294 Golden tilefish individual fishing (3) In-season closure of the incidental AGENCY: National Marine Fisheries quota (IFQ) program. fishery. The Regional Administrator will Service (NMFS), National Oceanic and * * * * * monitor the harvest of the golden Atmospheric Administration (NOAA), tilefish incidental TAL based on dealer Commerce. (b) * * * (4) IFQ vessel. (i) All Federal vessel reports and other available information, ACTION: Temporary rule; opening. permit numbers listed on the IFQ and shall determine the date when the incidental golden tilefish TAL has been SUMMARY: NMFS is opening directed allocation permit are authorized to fishing for sablefish with fixed gear possess golden tilefish pursuant to the landed. The Regional Administrator shall publish a notice in the Federal managed under the Individual Fishing IFQ allocation permit. Quota (IFQ) Program and the (ii) An IFQ allocation permit holder Register notifying vessel and dealer permit holders that, effective upon a Community Development Quota (CDQ) who wishes to authorize an additional Program. The season will open 1200 vessel(s) to possess golden tilefish specific date, the incidental golden tilefish fishery is closed for the hours, Alaska local time (A.l.t.), March pursuant to the IFQ allocation permit 24, 2018, and will close 1200 hours, must send written notification to NMFS. remainder of the fishing year. A.l.t., November 7, 2018. This period is This notification must include: (b) Blueline tilefish—(1) Commercial the same as the 2018 commercial (A) The vessel name and permit possession limit. Any vessel of the halibut fishery opening dates adopted number, and United States fishing under a tilefish by the International Pacific Halibut (B) The dates on which the IFQ permit, as described at § 648.4(a)(12), is Commission. The IFQ and CDQ halibut allocation permit holder desires the prohibited from possessing more than season is specified by a separate vessel to be authorized to land golden 300 lb (136 kg) of gutted blueline tilefish publication in the Federal Register of tilefish pursuant to the IFQ allocation per trip in or from the Tilefish annual management measures. permit. Management Unit. DATES: Effective 1200 hours, A.l.t., (iii) A vessel listed on the IFQ * * * * * March 24, 2018, until 1200 hours, A.l.t., allocation permit is authorized to (c) Landing condition. Commercial November 7, 2018. possess golden tilefish pursuant to the golden or blueline tilefish must be FOR FURTHER INFORMATION CONTACT: subject permit, until the end of the landed with head and fins naturally Obren Davis, 907–586–7228. fishing year or until NMFS receives attached, but may be gutted. SUPPLEMENTARY INFORMATION: Beginning written notification from the IFQ ■ 9. In § 648.296, the section heading in 1995, fishing for Pacific halibut and allocation permit holder to remove the and paragraph (a) are revised to read as sablefish with fixed gear in the IFQ vessel. follows: regulatory areas defined in 50 CFR 679.2 (iv) A single vessel may not be listed on more than one IFQ allocation permit has been managed under the IFQ § 648.296 Tilefish recreational possession at the same time. limits and gear restrictions. Program. The IFQ Program is a (v) A copy of the IFQ allocation regulatory regime designed to promote (a) Golden tilefish. (1) Any person the conservation and management of permit must be carried on board each fishing from a vessel that is not fishing vessel so authorized to possess IFQ these fisheries and to further the under a tilefish commercial vessel objectives of the Magnuson-Stevens golden tilefish. permit issued pursuant to § 648.4(a)(12), Fishery Conservation and Management * * * * * may land up to eight golden tilefish per Act and the Northern Pacific Halibut ■ 8. Amend § 648.295 by: trip. Anglers fishing onboard a charter/ Act. Persons holding quota share receive amozie on DSK30RV082PROD with RULES ■ a. Revising the section heading; party vessel shall observe the an annual allocation of IFQ. Persons ■ b. Revising paragraphs (a) and (b)(1); recreational possession limit. receiving an annual allocation of IFQ and (2) Any vessel engaged in recreational are authorized to harvest IFQ species ■ c. Adding paragraph (c). fishing may not retain golden tilefish, within specified limitations. Further The revisions and addition read as unless exclusively using rod and reel information on the implementation of follows: fishing gear, with a maximum limit of the IFQ Program, and the rationale VerDate Sep<11>2014 16:26 Mar 12, 2018 Jkt 244001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\13MRR1.SGM 13MRR1


Document Created: 2018-03-13 01:57:08
Document Modified: 2018-03-13 01:57:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective April 12, 2018, except for the amendment to Sec. 648.7(b)(2)(ii), which is effective March 13, 2018.
ContactDouglas Potts, Fishery Policy Analyst, 978-281-9341.
FR Citation83 FR 10803 
RIN Number0648-BF85
CFR AssociatedFisheries; Fishing and Reporting and Recordkeeping Requirements
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