83_FR_48976 83 FR 48788 - Snapper-Grouper Fishery of the South Atlantic Region; Management Measures To End Overfishing of Golden Tilefish

83 FR 48788 - Snapper-Grouper Fishery of the South Atlantic Region; Management Measures To End Overfishing of Golden Tilefish

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 188 (September 27, 2018)

Page Range48788-48792
FR Document2018-20976

NMFS proposes to implement management measures described in Regulatory Amendment 28 to the Fishery Management Plan for the Snapper- Grouper Fishery of the South Atlantic Region (FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council). If implemented, this proposed rule would revise the commercial and recreational annual catch limits (ACLs) for golden tilefish. The purpose of this proposed rule is to end overfishing of golden tilefish while minimizing, to the extent practicable, adverse socio-economic effects and achieve optimum yield (OY) on a continuing basis in the South Atlantic.

Federal Register, Volume 83 Issue 188 (Thursday, September 27, 2018)
[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)]
[Proposed Rules]
[Pages 48788-48792]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20976]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 180720681-8681-01]
RIN 0648-BI38


Snapper-Grouper Fishery of the South Atlantic Region; Management 
Measures To End Overfishing of Golden Tilefish

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to implement management measures described in 
Regulatory Amendment 28 to the Fishery Management Plan for the Snapper-
Grouper Fishery of the South

[[Page 48789]]

Atlantic Region (FMP), as prepared and submitted by the South Atlantic 
Fishery Management Council (Council). If implemented, this proposed 
rule would revise the commercial and recreational annual catch limits 
(ACLs) for golden tilefish. The purpose of this proposed rule is to end 
overfishing of golden tilefish while minimizing, to the extent 
practicable, adverse socio-economic effects and achieve optimum yield 
(OY) on a continuing basis in the South Atlantic.

DATES: Written comments must be received by October 12, 2018.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2018-0091,'' by either of the following methods:
     Electronic submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal: http://www.regulations.gov. Go to www.regulations.gov/#!docketDetail;D=NOAA-
NMFS-2018-0091 click the ``Comment Now!'' icon, complete the required 
fields, and enter or attach your comments.
     Mail: Submit written comments to Karla Gore, NMFS 
Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL 
33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address), confidential business information, 
or otherwise sensitive information submitted voluntarily by the sender 
will be publicly accessible. NMFS will accept anonymous comments (enter 
``N/A'' in required fields if you wish to remain anonymous).
    Electronic copies of the environmental assessment (EA), which 
includes an initial regulatory flexibility analysis (IRFA), may be 
obtained from the Southeast Regional Office website at http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/2017/golden_tilefish_interim/index.html. The EA includes a Regulatory 
Flexibility Act (RFA) analysis.

FOR FURTHER INFORMATION CONTACT: Karla Gore, NMFS Southeast Regional 
Office, telephone: 727-551-5753, or email: karla.gore@noaa.gov.

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery in the South 
Atlantic region is managed under the FMP and includes golden tilefish, 
along with other snapper-grouper species. The FMP was prepared by the 
Council and is implemented by NMFS through regulations at 50 CFR part 
622 under authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act).

Background

    The Magnuson-Stevens Act requires that NMFS and regional fishery 
management councils prevent overfishing and achieve, on a continuing 
basis, the OY from federally managed fish stocks. These mandates are 
intended to ensure that fishery resources are managed for the greatest 
overall benefit to the nation, particularly with respect to providing 
food production and recreational opportunities, and protecting marine 
ecosystems.
    Golden tilefish are harvested by both commercial and recreational 
fishermen throughout the South Atlantic, although the majority of 
landings are attributed to the bottom longline component of the 
commercial sector. Using data through 2010, the golden tilefish stock 
was assessed in 2011 through the Southeast Data, Assessment, and Review 
(SEDAR) stock assessment process (SEDAR 25). SEDAR 25 results indicated 
that the golden tilefish stock was not subject to overfishing, and it 
was not overfished. Based upon the results of SEDAR 25, Amendment 18B 
to the FMP and its implementing final rule allocated the total ACL 
among the sectors and commercial gear components (i.e., bottom longline 
and hook-and-line), and specified the ACLs based upon the determined 
allocation percentages, among other actions (78 FR 23858; April 23, 
2013). For golden tilefish, 97 percent of the combined (commercial and 
recreational sectors together) ACL is allocated to the commercial 
sector, with 25 percent of the commercial ACL available for harvest by 
the hook-and-line component and 75 percent of the commercial ACL 
available for the longline component. The recreational sector is 
allocated 3 percent of the combined ACL.
    In April 2016, an update to SEDAR 25 was completed for golden 
tilefish using data through 2014 (SEDAR 25 Update 2016). The SEDAR 25 
Update 2016 indicated that golden tilefish is undergoing overfishing 
but is not overfished. In May 2016, the Council's Scientific and 
Statistical Committee (SSC) reviewed the SEDAR 25 Update 2016 and 
indicated that the SEDAR 25 Update 2016 was based on the best 
scientific information available. The SSC provided an ABC 
recommendation to the Council at that time.
    During the Council's review of the SEDAR 25 Update 2016 in June 
2016, the Council stated their concerns over the large differences 
between SEDAR 25 and the SEDAR 25 Update 2016 in biological benchmarks 
such as the maximum sustainable yield calculations, social and economic 
consequences of the substantial reduction of the ABC (60 percent), and 
the unusually high buffer (34 percent) estimated between the ABC and 
the overfishing limit. Based on the Council's concerns over the 
differences between SEDAR 25 and the SEDAR 25 Update 2016, the NMFS 
Southeast Fisheries Science Center revised the SEDAR 25 Update 2016 to 
include a newly developed model. The SSC reviewed the revised 
assessment at their October 2017 meeting and did not recommend basing 
stock status and fishing level recommendations on the revised 
assessment, but rather on the SEDAR 25 Update 2016.
    In a letter dated January 4, 2017, NMFS notified the Council of the 
updated golden tilefish stock status determination that the stock is 
undergoing overfishing but is not overfished. As mandated by the 
Magnuson-Stevens Act, NMFS and the Council must prepare and implement a 
plan amendment and regulations to end overfishing of golden tilefish 
within 2 years of such stock status notification. Therefore, the 
Council began development of a regulatory amendment to end overfishing 
of golden tilefish. However, the initial acceptable biological catch 
(ABC) recommendation from the Council's SSC was not available until 
late October 2017, which provided insufficient time for the Council and 
NMFS to develop and implement management measures to end overfishing of 
golden tilefish in time for the start of the 2018 fishing year on 
January 1, 2018. Consequently, in a letter to NMFS dated June 27, 2017, 
the Council requested that NMFS implement interim measures to 
immediately reduce overfishing of golden tilefish while long-term 
measures could be developed. A temporary rule, published in the Federal 
Register on January 2, 2018 (83 FR 65), reduced the combined ACL to 
323,000 lb (146,510 kg), gutted weight. This catch level was based on a 
projected yield at 75 percent of the yield produced by the fishing 
mortality rate at maximum sustainable yield, which was 362,000 lb 
(164,654 kg) whole weight, converted to gutted weight using a 
conversion factor of 1.12. On June 19, 2018 (83 FR 28387), the 
temporary rule was extended for an additional 186

[[Page 48790]]

days, through January 3, 2019. The measures in Regulatory Amendment 28, 
as described in this proposed rule, would replace the current interim 
measures outlined in the temporary rule and end overfishing of golden 
tilefish in the South Atlantic. It is necessary to ensure that this 
rule becomes effective before or by the temporary rule's expiration 
date, January 4, 2019. Failure to implement Regulatory Amendment 28 by 
the expiration of the temporary rule may risk overfishing of golden 
tilefish because ACLs will change back to pre-temporary rule levels and 
become much higher. This increase in ACLs may cause confusion among 
fishers and for law enforcement, especially when the ACLs will then 
lower again once this proposed rule is effective.
    As noted above, the Council's SSC reviewed the SEDAR 25 Update 2016 
assessment in May 2016 and provided fishing level recommendations based 
on a P* (probability of overfishing) value of 30 percent derived from 
the Council's ABC control rule. However, at the Council's March 2018 
meeting, the Council determined that they are willing to accept a risk 
of overfishing larger than P* = 30 percent. The Council determined that 
they were willing to accept a risk of overfishing at the ACL level 
previously implemented through the temporary rule. The ACL implemented 
through the temporary rule was equal to the yield at a fishing 
mortality rate (F) equal to 75 percent of the fishing mortality rate at 
the maximum sustainable yield (FMSY) when the population is at 
equilibrium. This new ABC value represented a level closer to a P* 
value of 40 percent. At their May 2018 meeting, the SSC reviewed the 
Council's request to revise the ABC recommendation and agreed with 
setting the ABC equal to the value at F = 75 percent FMSY when the 
population is at equilibrium. Therefore, the SSC's revised ABC 
recommendation was 362,000 lb (164,200 kg), whole weight. Although it 
is different than the conversion factor applied for the temporary rule, 
an updated conversion factor of 1.059, which was used in the SEDAR 25 
Update 2016 assessment and is considered the best scientific 
information available, results in an ABC of 342,000 lb (155,129 kg), 
gutted weight. This revised ABC recommendation forms the basis for the 
actions in Regulatory Amendment 28 and this proposed rule, which is 
intended to end overfishing of golden tilefish in the South Atlantic.

Management Measures Contained in This Proposed Rule

    This proposed rule would revise the combined ACL for golden 
tilefish to be 342,000 lb (155,129 kg), gutted weight. The combined ACL 
is equal to the SSC's final ABC recommendation of the yield at F = 75 
percent FMSY. This proposed rule would also specify the commercial and 
recreational sector ACLs and component commercial quotas using the 
existing sector allocations of 97 percent commercial and 3 percent 
recreational, as well as allocating 25 percent of the commercial ACL to 
the hook-and-line component and 75 percent of the commercial ACL to the 
longline component. Therefore, the commercial ACL (equivalent to the 
commercial quota) would be 331,740 lb (150,475 kg), gutted weight. The 
commercial ACL for the hook-and-line component would be 82,935 lb 
(37,619 kg), gutted weight, and the commercial ACL for the longline 
component would be 248,805 lb (112,856 kg), gutted weight. The 
recreational ACL would be 2,316 fish. The ACL values in this proposed 
rule would remain in effect in future years unless changed by the South 
Atlantic Fishery Management Council.
    The current accountability measures (AMs) for golden tilefish 
require that a sector or commercial gear component close for the 
remainder of the fishing year if its respective ACL is reached or 
projected to be reached. The reductions in the sector and commercial 
gear-component ACLs could result in earlier in-season closures, 
particularly for the commercial sector as a result of an ACL being 
reached or projected to be reached during a fishing year. These 
closures would likely result in short-term adverse socio-economic 
effects. However, the reduction in the ACLs in this proposed rule is 
expected to end overfishing of golden tilefish and will likely minimize 
future adverse socio-economic effects. Adhering to sustainable harvest 
through an ACL based on information from the most recent stock 
assessment (SEDAR 25 2016 Update) is expected to be more beneficial to 
fishermen and fishing communities in the long term because catch limits 
would be based on the current conditions, even if the updated stock 
assessment information indicates that reduced ACLs are appropriate to 
sustain the stock. The reduction in the ACLs in this proposed rule 
would also provide biological benefits (such as protections against 
recruitment failure) to the golden tilefish stock by reducing the 
current levels of fishing mortality. The revised ACL values in 
Regulatory Amendment 28 and this proposed rule are based on the best 
scientific information available.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
Assistant Administrator has determined that this proposed rule is 
consistent with Regulatory Amendment 28, the FMP, the Magnuson-Stevens 
Act, and other applicable law, subject to further consideration after 
public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order (E.O.) 12866. This rule is not an E.O. 
13771 regulatory action because this rule is not significant under E.O. 
12866.
    NMFS prepared an IRFA for this proposed rule, as required by 
section 603 of the Regulatory Flexibility Act (RFA), 5 U.S.C. 603. The 
IRFA describes the economic impact that this proposed rule, if 
implemented, would have on small entities. A description of the 
proposed rule, why it is being considered, and the objectives of, and 
legal basis for, this proposed rule are contained at the beginning of 
this section in the preamble and in the SUMMARY section of the 
preamble. A copy of the full analysis is available from the NMFS (see 
ADDRESSES). A summary of the IRFA follows.
    The Magnuson-Stevens Act provides the statutory basis for this 
proposed rule. No duplicative, overlapping, or conflicting Federal 
rules have been identified. In addition, no new reporting, record-
keeping, or other compliance requirements are introduced by this 
proposed rule. Accordingly, this proposed rule does not implicate the 
Paperwork Reduction Act.
    This proposed rule, if implemented, would be expected to directly 
affect federally permitted commercial fishermen fishing for golden 
tilefish in the South Atlantic. Recreational anglers fishing for golden 
tilefish would also be directly affected by this proposed rule, but 
anglers are not considered business entities under the RFA. For-hire 
vessels would also be affected by this rule, but only in an indirect 
way. Thus, only the effects on federally permitted snapper-grouper 
commercial fishing vessels will be discussed. For RFA purposes only, 
the NMFS has established a small business size standard for businesses, 
including their affiliates, whose primary industry is commercial 
fishing (see 50 CFR 200.2). A business primarily engaged in commercial 
fishing (NAICS code 11411) is classified as a small business if it is 
independently owned and operated, is not dominant in its field of 
operation (including affiliates), and has combined annual receipts not

[[Page 48791]]

in excess of $11 million for all its affiliated operations worldwide.
    From 2012 through 2016, an average of 23 longline vessels per year 
landed golden tilefish from the South Atlantic. The golden tilefish 
longline endorsement system started in 2013. Endorsed vessels, 
combined, averaged 255 trips per year in the South Atlantic on which 
golden tilefish were landed, and 182 other trips that were either in 
the South Atlantic but no golden tilefish were caught or took place in 
other areas (Gulf or Mid-Atlantic) that caught any species including 
golden tilefish. The average annual total dockside revenue (2016 
dollars) for these vessels combined was approximately $1.56 million 
from golden tilefish, approximately $0.10 million from other species 
co-harvested with golden tilefish (on the same trips), and 
approximately $0.43 million from other trips by these vessels on trips 
in the South Atlantic on which no golden tilefish were harvested or on 
trips which occurred in other areas. Total average annual revenue from 
all species harvested by longline vessels landing golden tilefish in 
the South Atlantic was approximately $2.10 million, or approximately 
$92,000 per vessel. Longline vessels generated approximately 74 percent 
of their total revenues from golden tilefish. For the same period, an 
average of 82 vessels per year landed golden tilefish using other gear 
types (mostly hook-and-line) in the South Atlantic. These vessels, 
combined, averaged 483 trips per year in the South Atlantic on which 
golden tilefish were landed and 2,862 trips taken in the South Atlantic 
on which golden tilefish were not harvested or trips that took place in 
other areas and caught any species including golden tilefish. The 
average annual total dockside revenue (2016 dollars) for these 82 
vessels was approximately $0.36 million from golden tilefish, 
approximately $0.66 million from other species co-harvested with golden 
tilefish (on the same trips in the South Atlantic), and approximately 
$4.13 million from the other trips taken by these vessels. The total 
average annual revenue from all species harvested by these 82 vessels 
was approximately $5.16 million, or approximately $62,000 per vessel. 
Approximately 7 percent of these vessels' total revenues came from 
golden tilefish.
    Based on the foregoing revenue information, all commercial vessels 
using longlines or hook-and-line affected by the proposed rule may be 
assumed to be small entities. Because all entities expected to be 
directly affected by this proposed rule are assumed to be small 
entities, NMFS has determined that this proposed rule would affect a 
substantial number of small entities. However, since all affected 
entities are small entities, the issue of disproportionate effects on 
small versus large entities does not arise in the present case.
    The proposed rule would reduce the combined stock ACL, and 
consequently the specific ACLs for the commercial and recreational 
sectors as well as the longline and hook-and-line component ACLs for 
the commercial sector. The longline and hook-and-line components of the 
commercial sector would be expected to lose approximately $592,000 and 
$217,000, respectively, in annual ex-vessel revenues. This would very 
likely translate to profit reductions for both the longline and hook-
and-line components, particularly for longline vessels as they are more 
dependent on golden tilefish. As noted above, golden tilefish account 
for about 74 percent of longline vessel revenues and 7 percent of hook-
and-line vessel revenues. There is a good possibility ACLs may be 
changed in the future if the proposed rule were successful in 
addressing the overfishing condition for the South Atlantic golden 
tilefish. Economic benefits would ensue if the ACLs are subsequently 
increased.
    The following discussion analyzes the alternatives that were 
considered by the Council, including those that were not selected as 
preferred by the Council. Unlike the preferred alternative, most of the 
other alternatives would provide for varying ACLs over 6 years, at 
least. For this reason, a 6-year period is considered for comparing 
alternatives. Over a 6-year period, the preferred alternative would be 
expected to reduce revenues by approximately $3.02 million for the 
longline segment and $1.11 million for the hook-and-line segment of the 
commercial sector, using a 7 percent discount rate.
    Ten alternatives, including the preferred alternative as described 
above, were considered for reducing the South Atlantic golden tilefish 
ACLs. The first alternative, the no action alternative, would maintain 
the current economic benefits to all participants in the South Atlantic 
golden tilefish component of the snapper-grouper fishery. This 
alternative, however, would not address the need to curtail continued 
overfishing of the stock, thereby increasing the likelihood that more 
stringent measures would need to be implemented in the near future.
    With one exception, all the other alternatives would result in 
larger revenue losses to the longline and hook-and-line vessels than 
the preferred alternative. Alternatives that would result in larger 
revenue losses than the preferred alternative would provide for lower 
ACLs over a 6-year period. Total losses over 6 years from these 
alternatives would range from $3.17 million to $4.29 million for 
longline vessels and from $1.16 million to $1.83 million for hook-and-
line vessels. The alternative with lower attendant revenue losses than 
the preferred alternative would be expected to reduce total ex-vessel 
revenues by approximately $2.65 million for longline vessels and $0.97 
million for hook-and-line vessels over 6 years. Relative to the 
preferred alternative, this alternative would result in larger ex-
vessel revenue losses initially but lower revenue losses in subsequent 
years, because the ACLs in subsequent years would be greater than those 
of the preferred alternative. Both alternatives would be expected to 
result in early harvest closure, and in the first fishing year, harvest 
closure under the preferred alternative would occur at a later date 
than that of the other alternative. The reverse may be expected for the 
subsequent years. The Council considered the preferred alternative as 
affording the best means to end overfishing of golden tilefish in the 
South Atlantic, because it is based on the best scientific information 
available.

List of Subjects in 50 CFR Part 622

    Annual catch limit, Fisheries, Fishing, Golden tilefish, South 
Atlantic.

    Dated: September 21, 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 622 is 
proposed to be amended as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

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

0
2. Amend Sec.  622.190 by revising paragraph (a)(2 to read as follows:


Sec.  622.190   Quotas.

* * * * *
    (a) * * *
    (2) Golden tilefish. (i) Commercial sector (hook-and-line and 
longline components combined)--331,740 lb (150,475 kg).
    (ii) Hook-and-line component--82,935 lb (37,619 kg).

[[Page 48792]]

    (iii) Longline component--248,805 lb (112,856 kg).
* * * * *
0
3. Amend Sec.  622.193 by revising paragraph (a) to read as follows


Sec.  622.193   Annual catch limits (ACLs), annual catch targets 
(ACTs), and accountability measures (AMs).

    (a) Golden tilefish--(1) Commercial sector--(i) Hook-and-line 
component. If commercial hook-and-line landings for golden tilefish, as 
estimated by the SRD, reach or are projected to reach the commercial 
ACL (commercial quota) specified in Sec.  622.190(a)(2)(ii), the AA 
will file a notification with the Office of the Federal Register to 
close the hook-and-line component of the commercial sector for the 
remainder of the fishing year. Applicable restrictions after a 
commercial quota closure are specified in Sec.  622.190(c).
    (ii) Longline component. If commercial longline landings for golden 
tilefish, as estimated by the SRD, reach or are projected to reach the 
longline commercial ACL (commercial quota) specified in Sec.  
622.190(a)(2)(iii), the AA will file a notification with the Office of 
the Federal Register to close the longline component of the commercial 
sector for the remainder of the fishing year. After the commercial ACL 
for the longline component is reached or projected to be reached, 
golden tilefish may not be fished for or possessed by a vessel with a 
golden tilefish longline endorsement. Applicable restrictions after a 
commercial quota closure are specified in Sec.  622.190(c).
    (iii) If all commercial landings of golden tilefish, as estimated 
by the SRD, exceed the commercial ACL (including both the hook-and-line 
and longline component quotas) specified in Sec.  622.190(a)(2)(i), and 
the combined commercial and recreational ACL of 342,000 lb (155,129 kg) 
is exceeded during the same fishing year, and golden tilefish are 
overfished based on the most recent Status of U.S. Fisheries Report to 
Congress, the AA will file a notification with the Office of the 
Federal Register to reduce the commercial ACL for that following 
fishing year by the amount of the commercial ACL overage in the prior 
fishing year.
    (2) Recreational sector. (i) If recreational landings of golden 
tilefish, as estimated by the SRD, reach or are projected to reach the 
recreational ACL of 2,316 fish, the AA will file a notification with 
the Office of the Federal Register to close the recreational sector for 
the remainder of the fishing year regardless if the stock is 
overfished, unless NMFS determines that no closure is necessary based 
on the best scientific information available. On and after the 
effective date of such a notification, the bag and possession limits 
for golden tilefish in or from the South Atlantic EEZ are zero.
    (ii) If recreational landings of golden tilefish, as estimated by 
the SRD, exceed the recreational ACL specified of 2,316 fish, then 
during the following fishing year, recreational landings will be 
monitored for a persistence in increased landings, and if necessary, 
the AA will file a notification with the Office of the Federal Register 
to reduce the length of the recreational fishing season and the 
recreational ACL by the amount of the recreational ACL overage, if the 
species is overfished based on the most recent Status of U.S. Fisheries 
Report to Congress, and if the combined commercial and recreational ACL 
of 342,000 lb (155,129 kg) is exceeded during the same fishing year. 
The AA will use the best scientific information available to determine 
if reducing the length of the recreational fishing season and 
recreational ACL is necessary. When the recreational sector is closed 
as a result of NMFS reducing the length of the recreational fishing 
season and ACL, the bag and possession limits for golden tilefish in or 
from the South Atlantic EEZ are zero.
* * * * *

[FR Doc. 2018-20976 Filed 9-26-18; 8:45 am]
 BILLING CODE 3510-22-P



                                                 48788              Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Proposed Rules

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                                                 comments by mail and would like to                      www.regulations.gov, as described in
                                                 know that they reached the facility,                    the system of records notice (DOT/ALL–                National Oceanic and Atmospheric
                                                 please enclose a stamped, self-addressed                14 FDMS), which can be reviewed at                    Administration
                                                 postcard or envelope.                                   www.dot.gov/privacy.
                                                   FMCSA will consider all comments                                                                            50 CFR Part 622
                                                                                                         II. Background
                                                 and material received during the                                                                              [Docket No. 180720681–8681–01]
                                                 comment period for the ANPRM. Late                         On August 23, 2018 (83 FR 42631),
                                                 comments will be considered to the                      FMCSA published an ANPRM                              RIN 0648–BI38
                                                 extent practicable.                                     concerning potential changes to its
                                                                                                         hours-of-service rules. The ANPRM                     Snapper-Grouper Fishery of the South
                                                 Confidential Business Information                       indicated the Agency is considering                   Atlantic Region; Management
                                                    Confidential Business Information                    changes in four areas of the HOS rules:               Measures To End Overfishing of
                                                 (CBI) is commercial or financial                        the short-haul HOS limit [49 CFR                      Golden Tilefish
                                                 information that is customarily not                     395.1(e)(1)(ii)(A)]; the HOS exception                AGENCY:  National Marine Fisheries
                                                 made available to the public by the                     for adverse driving conditions                        Service (NMFS), National Oceanic and
                                                 submitter. Under the Freedom of                         [§ 395.1(b)(1)]; the 30-minute rest break             Atmospheric Administration (NOAA),
                                                 Information Act, CBI is eligible for                    provision [§ 395.3(a)(3)(ii)]; and the                Commerce.
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                                                 protection from public disclosure. If you               sleeper berth rule to allow drivers to                ACTION: Proposed rule; request for
                                                 have CBI that is relevant or responsive                 split their required time in the sleeper              comments.
                                                 to the ANPRM and associated listening                   berth [§ 395.1(g)(1)(i)(A) and (ii)(A)]. In
                                                 sessions, it is important that you clearly              addition, the Agency requested public                 SUMMARY:  NMFS proposes to implement
                                                 designate the submitted comments as                     comment on petitions for rulemaking                   management measures described in
                                                 CBI. Accordingly, please mark each                      from the Owner-Operator Independent                   Regulatory Amendment 28 to the
                                                 page of your submission as                              Drivers Association (OOIDA) and                       Fishery Management Plan for the
                                                 ‘‘confidential’’ or ‘‘CBI.’’ Submissions                TruckerNation.org (TruckerNation). The                Snapper-Grouper Fishery of the South


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                                                                    Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Proposed Rules                                           48789

                                                 Atlantic Region (FMP), as prepared and                  with other snapper-grouper species. The                  During the Council’s review of the
                                                 submitted by the South Atlantic Fishery                 FMP was prepared by the Council and                   SEDAR 25 Update 2016 in June 2016,
                                                 Management Council (Council). If                        is implemented by NMFS through                        the Council stated their concerns over
                                                 implemented, this proposed rule would                   regulations at 50 CFR part 622 under                  the large differences between SEDAR 25
                                                 revise the commercial and recreational                  authority of the Magnuson-Stevens                     and the SEDAR 25 Update 2016 in
                                                 annual catch limits (ACLs) for golden                   Fishery Conservation and Management                   biological benchmarks such as the
                                                 tilefish. The purpose of this proposed                  Act (Magnuson-Stevens Act).                           maximum sustainable yield
                                                 rule is to end overfishing of golden                    Background                                            calculations, social and economic
                                                 tilefish while minimizing, to the extent                                                                      consequences of the substantial
                                                 practicable, adverse socio-economic                        The Magnuson-Stevens Act requires                  reduction of the ABC (60 percent), and
                                                 effects and achieve optimum yield (OY)                  that NMFS and regional fishery                        the unusually high buffer (34 percent)
                                                 on a continuing basis in the South                      management councils prevent                           estimated between the ABC and the
                                                 Atlantic.                                               overfishing and achieve, on a                         overfishing limit. Based on the
                                                                                                         continuing basis, the OY from federally               Council’s concerns over the differences
                                                 DATES:  Written comments must be                        managed fish stocks. These mandates
                                                 received by October 12, 2018.                                                                                 between SEDAR 25 and the SEDAR 25
                                                                                                         are intended to ensure that fishery                   Update 2016, the NMFS Southeast
                                                 ADDRESSES: You may submit comments                      resources are managed for the greatest                Fisheries Science Center revised the
                                                 on the proposed rule, identified by                     overall benefit to the nation, particularly           SEDAR 25 Update 2016 to include a
                                                 ‘‘NOAA–NMFS–2018–0091,’’ by either                      with respect to providing food                        newly developed model. The SSC
                                                 of the following methods:                               production and recreational                           reviewed the revised assessment at their
                                                    • Electronic submission: Submit all                  opportunities, and protecting marine                  October 2017 meeting and did not
                                                 electronic public comments via the                      ecosystems.                                           recommend basing stock status and
                                                 Federal e-Rulemaking Portal: http://                       Golden tilefish are harvested by both
                                                                                                                                                               fishing level recommendations on the
                                                 www.regulations.gov. Go to                              commercial and recreational fishermen
                                                                                                                                                               revised assessment, but rather on the
                                                 www.regulations.gov/                                    throughout the South Atlantic, although
                                                                                                                                                               SEDAR 25 Update 2016.
                                                 #!docketDetail;D=NOAA-NMFS-2018-                        the majority of landings are attributed to
                                                 0091 click the ‘‘Comment Now!’’ icon,                   the bottom longline component of the                     In a letter dated January 4, 2017,
                                                 complete the required fields, and enter                 commercial sector. Using data through                 NMFS notified the Council of the
                                                 or attach your comments.                                2010, the golden tilefish stock was                   updated golden tilefish stock status
                                                    • Mail: Submit written comments to                   assessed in 2011 through the Southeast                determination that the stock is
                                                 Karla Gore, NMFS Southeast Regional                     Data, Assessment, and Review (SEDAR)                  undergoing overfishing but is not
                                                 Office, 263 13th Avenue South, St.                      stock assessment process (SEDAR 25).                  overfished. As mandated by the
                                                 Petersburg, FL 33701.                                   SEDAR 25 results indicated that the                   Magnuson-Stevens Act, NMFS and the
                                                    Instructions: Comments sent by any                   golden tilefish stock was not subject to              Council must prepare and implement a
                                                 other method, to any other address or                   overfishing, and it was not overfished.               plan amendment and regulations to end
                                                 individual, or received after the end of                Based upon the results of SEDAR 25,                   overfishing of golden tilefish within 2
                                                 the comment period, may not be                          Amendment 18B to the FMP and its                      years of such stock status notification.
                                                 considered by NMFS. All comments                        implementing final rule allocated the                 Therefore, the Council began
                                                 received are a part of the public record                total ACL among the sectors and                       development of a regulatory amendment
                                                 and will generally be posted for public                 commercial gear components (i.e.,                     to end overfishing of golden tilefish.
                                                 viewing on www.regulations.gov                          bottom longline and hook-and-line), and               However, the initial acceptable
                                                 without change. All personal identifying                specified the ACLs based upon the                     biological catch (ABC) recommendation
                                                 information (e.g., name, address),                      determined allocation percentages,                    from the Council’s SSC was not
                                                 confidential business information, or                   among other actions (78 FR 23858; April               available until late October 2017, which
                                                 otherwise sensitive information                         23, 2013). For golden tilefish, 97 percent            provided insufficient time for the
                                                 submitted voluntarily by the sender will                of the combined (commercial and                       Council and NMFS to develop and
                                                 be publicly accessible. NMFS will                       recreational sectors together) ACL is                 implement management measures to
                                                 accept anonymous comments (enter                        allocated to the commercial sector, with              end overfishing of golden tilefish in
                                                 ‘‘N/A’’ in required fields if you wish to               25 percent of the commercial ACL                      time for the start of the 2018 fishing year
                                                 remain anonymous).                                      available for harvest by the hook-and-                on January 1, 2018. Consequently, in a
                                                    Electronic copies of the                             line component and 75 percent of the                  letter to NMFS dated June 27, 2017, the
                                                 environmental assessment (EA), which                    commercial ACL available for the                      Council requested that NMFS
                                                 includes an initial regulatory flexibility              longline component. The recreational                  implement interim measures to
                                                 analysis (IRFA), may be obtained from                   sector is allocated 3 percent of the                  immediately reduce overfishing of
                                                 the Southeast Regional Office website at                combined ACL.                                         golden tilefish while long-term
                                                 http://sero.nmfs.noaa.gov/sustainable_                     In April 2016, an update to SEDAR 25               measures could be developed. A
                                                 fisheries/s_atl/sg/2017/golden_tilefish_                was completed for golden tilefish using               temporary rule, published in the
                                                 interim/index.html. The EA includes a                   data through 2014 (SEDAR 25 Update                    Federal Register on January 2, 2018 (83
                                                 Regulatory Flexibility Act (RFA)                        2016). The SEDAR 25 Update 2016                       FR 65), reduced the combined ACL to
                                                 analysis.                                               indicated that golden tilefish is                     323,000 lb (146,510 kg), gutted weight.
                                                                                                         undergoing overfishing but is not                     This catch level was based on a
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                                                 FOR FURTHER INFORMATION CONTACT:                        overfished. In May 2016, the Council’s                projected yield at 75 percent of the yield
                                                 Karla Gore, NMFS Southeast Regional                     Scientific and Statistical Committee                  produced by the fishing mortality rate at
                                                 Office, telephone: 727–551–5753, or                     (SSC) reviewed the SEDAR 25 Update                    maximum sustainable yield, which was
                                                 email: karla.gore@noaa.gov.                             2016 and indicated that the SEDAR 25                  362,000 lb (164,654 kg) whole weight,
                                                 SUPPLEMENTARY INFORMATION: The                          Update 2016 was based on the best                     converted to gutted weight using a
                                                 snapper-grouper fishery in the South                    scientific information available. The                 conversion factor of 1.12. On June 19,
                                                 Atlantic region is managed under the                    SSC provided an ABC recommendation                    2018 (83 FR 28387), the temporary rule
                                                 FMP and includes golden tilefish, along                 to the Council at that time.                          was extended for an additional 186


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                                                 48790              Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Proposed Rules

                                                 days, through January 3, 2019. The                      Management Measures Contained in                      are based on the best scientific
                                                 measures in Regulatory Amendment 28,                    This Proposed Rule                                    information available.
                                                 as described in this proposed rule,                        This proposed rule would revise the                Classification
                                                 would replace the current interim                       combined ACL for golden tilefish to be
                                                 measures outlined in the temporary rule                                                                          Pursuant to section 304(b)(1)(A) of the
                                                                                                         342,000 lb (155,129 kg), gutted weight.
                                                 and end overfishing of golden tilefish in                                                                     Magnuson-Stevens Act, the Assistant
                                                                                                         The combined ACL is equal to the SSC’s
                                                                                                                                                               Administrator has determined that this
                                                 the South Atlantic. It is necessary to                  final ABC recommendation of the yield
                                                                                                                                                               proposed rule is consistent with
                                                 ensure that this rule becomes effective                 at F = 75 percent FMSY. This proposed
                                                                                                                                                               Regulatory Amendment 28, the FMP,
                                                 before or by the temporary rule’s                       rule would also specify the commercial
                                                                                                                                                               the Magnuson-Stevens Act, and other
                                                 expiration date, January 4, 2019. Failure               and recreational sector ACLs and                      applicable law, subject to further
                                                 to implement Regulatory Amendment                       component commercial quotas using the                 consideration after public comment.
                                                 28 by the expiration of the temporary                   existing sector allocations of 97 percent                This proposed rule has been
                                                 rule may risk overfishing of golden                     commercial and 3 percent recreational,                determined to be not significant for
                                                 tilefish because ACLs will change back                  as well as allocating 25 percent of the               purposes of Executive Order (E.O.)
                                                 to pre-temporary rule levels and become                 commercial ACL to the hook-and-line                   12866. This rule is not an E.O. 13771
                                                 much higher. This increase in ACLs                      component and 75 percent of the                       regulatory action because this rule is not
                                                 may cause confusion among fishers and                   commercial ACL to the longline                        significant under E.O. 12866.
                                                 for law enforcement, especially when                    component. Therefore, the commercial                     NMFS prepared an IRFA for this
                                                 the ACLs will then lower again once                     ACL (equivalent to the commercial                     proposed rule, as required by section
                                                                                                         quota) would be 331,740 lb (150,475 kg),              603 of the Regulatory Flexibility Act
                                                 this proposed rule is effective.
                                                                                                         gutted weight. The commercial ACL for                 (RFA), 5 U.S.C. 603. The IRFA describes
                                                    As noted above, the Council’s SSC                    the hook-and-line component would be                  the economic impact that this proposed
                                                 reviewed the SEDAR 25 Update 2016                       82,935 lb (37,619 kg), gutted weight, and             rule, if implemented, would have on
                                                 assessment in May 2016 and provided                     the commercial ACL for the longline                   small entities. A description of the
                                                 fishing level recommendations based on                  component would be 248,805 lb                         proposed rule, why it is being
                                                 a P* (probability of overfishing) value of              (112,856 kg), gutted weight. The                      considered, and the objectives of, and
                                                 30 percent derived from the Council’s                   recreational ACL would be 2,316 fish.                 legal basis for, this proposed rule are
                                                 ABC control rule. However, at the                       The ACL values in this proposed rule                  contained at the beginning of this
                                                 Council’s March 2018 meeting, the                       would remain in effect in future years                section in the preamble and in the
                                                 Council determined that they are                        unless changed by the South Atlantic                  SUMMARY section of the preamble. A
                                                 willing to accept a risk of overfishing                 Fishery Management Council.                           copy of the full analysis is available
                                                 larger than P* = 30 percent. The Council                   The current accountability measures                from the NMFS (see ADDRESSES). A
                                                 determined that they were willing to                    (AMs) for golden tilefish require that a              summary of the IRFA follows.
                                                 accept a risk of overfishing at the ACL                 sector or commercial gear component                      The Magnuson-Stevens Act provides
                                                 level previously implemented through                    close for the remainder of the fishing                the statutory basis for this proposed
                                                 the temporary rule. The ACL                             year if its respective ACL is reached or              rule. No duplicative, overlapping, or
                                                                                                         projected to be reached. The reductions               conflicting Federal rules have been
                                                 implemented through the temporary
                                                                                                         in the sector and commercial gear-                    identified. In addition, no new
                                                 rule was equal to the yield at a fishing
                                                                                                         component ACLs could result in earlier                reporting, record-keeping, or other
                                                 mortality rate (F) equal to 75 percent of               in-season closures, particularly for the              compliance requirements are introduced
                                                 the fishing mortality rate at the                       commercial sector as a result of an ACL               by this proposed rule. Accordingly, this
                                                 maximum sustainable yield (FMSY)                        being reached or projected to be reached              proposed rule does not implicate the
                                                 when the population is at equilibrium.                  during a fishing year. These closures                 Paperwork Reduction Act.
                                                 This new ABC value represented a level                  would likely result in short-term                        This proposed rule, if implemented,
                                                 closer to a P* value of 40 percent. At                  adverse socio-economic effects.                       would be expected to directly affect
                                                 their May 2018 meeting, the SSC                         However, the reduction in the ACLs in                 federally permitted commercial
                                                 reviewed the Council’s request to revise                this proposed rule is expected to end                 fishermen fishing for golden tilefish in
                                                 the ABC recommendation and agreed                       overfishing of golden tilefish and will               the South Atlantic. Recreational anglers
                                                 with setting the ABC equal to the value                 likely minimize future adverse socio-                 fishing for golden tilefish would also be
                                                 at F = 75 percent FMSY when the                         economic effects. Adhering to                         directly affected by this proposed rule,
                                                 population is at equilibrium. Therefore,                sustainable harvest through an ACL                    but anglers are not considered business
                                                 the SSC’s revised ABC recommendation                    based on information from the most                    entities under the RFA. For-hire vessels
                                                 was 362,000 lb (164,200 kg), whole                      recent stock assessment (SEDAR 25                     would also be affected by this rule, but
                                                 weight. Although it is different than the               2016 Update) is expected to be more                   only in an indirect way. Thus, only the
                                                 conversion factor applied for the                       beneficial to fishermen and fishing                   effects on federally permitted snapper-
                                                 temporary rule, an updated conversion                   communities in the long term because                  grouper commercial fishing vessels will
                                                 factor of 1.059, which was used in the                  catch limits would be based on the                    be discussed. For RFA purposes only,
                                                 SEDAR 25 Update 2016 assessment and                     current conditions, even if the updated               the NMFS has established a small
                                                 is considered the best scientific                       stock assessment information indicates                business size standard for businesses,
                                                 information available, results in an ABC                that reduced ACLs are appropriate to                  including their affiliates, whose primary
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                                                 of 342,000 lb (155,129 kg), gutted                      sustain the stock. The reduction in the               industry is commercial fishing (see 50
                                                                                                         ACLs in this proposed rule would also                 CFR 200.2). A business primarily
                                                 weight. This revised ABC
                                                                                                         provide biological benefits (such as                  engaged in commercial fishing (NAICS
                                                 recommendation forms the basis for the
                                                                                                         protections against recruitment failure)              code 11411) is classified as a small
                                                 actions in Regulatory Amendment 28
                                                                                                         to the golden tilefish stock by reducing              business if it is independently owned
                                                 and this proposed rule, which is                        the current levels of fishing mortality.              and operated, is not dominant in its
                                                 intended to end overfishing of golden                   The revised ACL values in Regulatory                  field of operation (including affiliates),
                                                 tilefish in the South Atlantic.                         Amendment 28 and this proposed rule                   and has combined annual receipts not


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                                                                    Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Proposed Rules                                                48791

                                                 in excess of $11 million for all its                    small entities, NMFS has determined                   alternative. Alternatives that would
                                                 affiliated operations worldwide.                        that this proposed rule would affect a                result in larger revenue losses than the
                                                    From 2012 through 2016, an average                   substantial number of small entities.                 preferred alternative would provide for
                                                 of 23 longline vessels per year landed                  However, since all affected entities are              lower ACLs over a 6-year period. Total
                                                 golden tilefish from the South Atlantic.                small entities, the issue of                          losses over 6 years from these
                                                 The golden tilefish longline                            disproportionate effects on small versus              alternatives would range from $3.17
                                                 endorsement system started in 2013.                     large entities does not arise in the                  million to $4.29 million for longline
                                                 Endorsed vessels, combined, averaged                    present case.                                         vessels and from $1.16 million to $1.83
                                                 255 trips per year in the South Atlantic                   The proposed rule would reduce the                 million for hook-and-line vessels. The
                                                 on which golden tilefish were landed,                   combined stock ACL, and consequently                  alternative with lower attendant
                                                 and 182 other trips that were either in                 the specific ACLs for the commercial                  revenue losses than the preferred
                                                 the South Atlantic but no golden tilefish               and recreational sectors as well as the               alternative would be expected to reduce
                                                 were caught or took place in other areas                longline and hook-and-line component                  total ex-vessel revenues by
                                                 (Gulf or Mid-Atlantic) that caught any                  ACLs for the commercial sector. The                   approximately $2.65 million for
                                                 species including golden tilefish. The                  longline and hook-and-line components                 longline vessels and $0.97 million for
                                                 average annual total dockside revenue                   of the commercial sector would be                     hook-and-line vessels over 6 years.
                                                 (2016 dollars) for these vessels                        expected to lose approximately                        Relative to the preferred alternative, this
                                                 combined was approximately $1.56                        $592,000 and $217,000, respectively, in               alternative would result in larger ex-
                                                 million from golden tilefish,                           annual ex-vessel revenues. This would                 vessel revenue losses initially but lower
                                                 approximately $0.10 million from other                  very likely translate to profit reductions            revenue losses in subsequent years,
                                                 species co-harvested with golden                        for both the longline and hook-and-line               because the ACLs in subsequent years
                                                 tilefish (on the same trips), and                       components, particularly for longline                 would be greater than those of the
                                                 approximately $0.43 million from other                  vessels as they are more dependent on                 preferred alternative. Both alternatives
                                                 trips by these vessels on trips in the                  golden tilefish. As noted above, golden               would be expected to result in early
                                                 South Atlantic on which no golden                       tilefish account for about 74 percent of              harvest closure, and in the first fishing
                                                 tilefish were harvested or on trips which               longline vessel revenues and 7 percent                year, harvest closure under the preferred
                                                 occurred in other areas. Total average                  of hook-and-line vessel revenues. There               alternative would occur at a later date
                                                 annual revenue from all species                         is a good possibility ACLs may be                     than that of the other alternative. The
                                                 harvested by longline vessels landing                   changed in the future if the proposed                 reverse may be expected for the
                                                 golden tilefish in the South Atlantic was               rule were successful in addressing the                subsequent years. The Council
                                                 approximately $2.10 million, or                         overfishing condition for the South                   considered the preferred alternative as
                                                 approximately $92,000 per vessel.                       Atlantic golden tilefish. Economic                    affording the best means to end
                                                 Longline vessels generated                              benefits would ensue if the ACLs are                  overfishing of golden tilefish in the
                                                 approximately 74 percent of their total                 subsequently increased.                               South Atlantic, because it is based on
                                                 revenues from golden tilefish. For the                     The following discussion analyzes the
                                                                                                                                                               the best scientific information available.
                                                 same period, an average of 82 vessels                   alternatives that were considered by the
                                                 per year landed golden tilefish using                   Council, including those that were not                List of Subjects in 50 CFR Part 622
                                                 other gear types (mostly hook-and-line)                 selected as preferred by the Council.
                                                                                                                                                                 Annual catch limit, Fisheries, Fishing,
                                                 in the South Atlantic. These vessels,                   Unlike the preferred alternative, most of
                                                                                                                                                               Golden tilefish, South Atlantic.
                                                 combined, averaged 483 trips per year                   the other alternatives would provide for
                                                 in the South Atlantic on which golden                   varying ACLs over 6 years, at least. For                Dated: September 21, 2018.
                                                 tilefish were landed and 2,862 trips                    this reason, a 6-year period is                       Samuel D. Rauch III,
                                                 taken in the South Atlantic on which                    considered for comparing alternatives.                Deputy Assistant Administrator for
                                                 golden tilefish were not harvested or                   Over a 6-year period, the preferred                   Regulatory Programs, National Marine
                                                 trips that took place in other areas and                alternative would be expected to reduce               Fisheries Service.
                                                 caught any species including golden                     revenues by approximately $3.02                         For the reasons set out in the
                                                 tilefish. The average annual total                      million for the longline segment and                  preamble, 50 CFR part 622 is proposed
                                                 dockside revenue (2016 dollars) for                     $1.11 million for the hook-and-line                   to be amended as follows:
                                                 these 82 vessels was approximately                      segment of the commercial sector, using
                                                 $0.36 million from golden tilefish,                     a 7 percent discount rate.                            PART 622—FISHERIES OF THE
                                                 approximately $0.66 million from other                     Ten alternatives, including the                    CARIBBEAN, GULF OF MEXICO, AND
                                                 species co-harvested with golden                        preferred alternative as described above,             SOUTH ATLANTIC
                                                 tilefish (on the same trips in the South                were considered for reducing the South
                                                 Atlantic), and approximately $4.13                      Atlantic golden tilefish ACLs. The first              ■ 1. The authority citation for part 622
                                                 million from the other trips taken by                   alternative, the no action alternative,               continues to read as follows:
                                                 these vessels. The total average annual                 would maintain the current economic                       Authority: 16 U.S.C. 1801 et seq.
                                                 revenue from all species harvested by                   benefits to all participants in the South
                                                 these 82 vessels was approximately                      Atlantic golden tilefish component of                 ■ 2. Amend § 622.190 by revising
                                                 $5.16 million, or approximately $62,000                 the snapper-grouper fishery. This                     paragraph (a)(2 to read as follows:
                                                 per vessel. Approximately 7 percent of                  alternative, however, would not address
                                                                                                                                                               § 622.190    Quotas.
                                                 these vessels’ total revenues came from                 the need to curtail continued
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                                                 golden tilefish.                                        overfishing of the stock, thereby                     *      *   *     *      *
                                                    Based on the foregoing revenue                       increasing the likelihood that more                     (a) * * *
                                                 information, all commercial vessels                     stringent measures would need to be                     (2) Golden tilefish. (i) Commercial
                                                 using longlines or hook-and-line                        implemented in the near future.                       sector (hook-and-line and longline
                                                 affected by the proposed rule may be                       With one exception, all the other                  components combined)—331,740 lb
                                                 assumed to be small entities. Because all               alternatives would result in larger                   (150,475 kg).
                                                 entities expected to be directly affected               revenue losses to the longline and hook-                (ii) Hook-and-line component—
                                                 by this proposed rule are assumed to be                 and-line vessels than the preferred                   82,935 lb (37,619 kg).


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                                                 48792              Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Proposed Rules

                                                   (iii) Longline component—248,805 lb                   fished for or possessed by a vessel with              bag and possession limits for golden
                                                 (112,856 kg).                                           a golden tilefish longline endorsement.               tilefish in or from the South Atlantic
                                                 *      *    *     *    *                                Applicable restrictions after a                       EEZ are zero.
                                                 ■ 3. Amend § 622.193 by revising                        commercial quota closure are specified                   (ii) If recreational landings of golden
                                                 paragraph (a) to read as follows                        in § 622.190(c).                                      tilefish, as estimated by the SRD, exceed
                                                                                                            (iii) If all commercial landings of
                                                 § 622.193 Annual catch limits (ACLs),                                                                         the recreational ACL specified of 2,316
                                                                                                         golden tilefish, as estimated by the SRD,
                                                 annual catch targets (ACTs), and                        exceed the commercial ACL (including                  fish, then during the following fishing
                                                 accountability measures (AMs).                          both the hook-and-line and longline                   year, recreational landings will be
                                                    (a) Golden tilefish—(1) Commercial                   component quotas) specified in                        monitored for a persistence in increased
                                                 sector—(i) Hook-and-line component. If                  § 622.190(a)(2)(i), and the combined                  landings, and if necessary, the AA will
                                                 commercial hook-and-line landings for                   commercial and recreational ACL of                    file a notification with the Office of the
                                                 golden tilefish, as estimated by the SRD,               342,000 lb (155,129 kg) is exceeded                   Federal Register to reduce the length of
                                                 reach or are projected to reach the                     during the same fishing year, and                     the recreational fishing season and the
                                                 commercial ACL (commercial quota)                       golden tilefish are overfished based on               recreational ACL by the amount of the
                                                 specified in § 622.190(a)(2)(ii), the AA                the most recent Status of U.S. Fisheries              recreational ACL overage, if the species
                                                 will file a notification with the Office of             Report to Congress, the AA will file a                is overfished based on the most recent
                                                 the Federal Register to close the hook-                 notification with the Office of the                   Status of U.S. Fisheries Report to
                                                 and-line component of the commercial                    Federal Register to reduce the                        Congress, and if the combined
                                                 sector for the remainder of the fishing                 commercial ACL for that following                     commercial and recreational ACL of
                                                 year. Applicable restrictions after a                   fishing year by the amount of the                     342,000 lb (155,129 kg) is exceeded
                                                 commercial quota closure are specified                  commercial ACL overage in the prior                   during the same fishing year. The AA
                                                 in § 622.190(c).                                        fishing year.                                         will use the best scientific information
                                                    (ii) Longline component. If                             (2) Recreational sector. (i) If                    available to determine if reducing the
                                                 commercial longline landings for golden                 recreational landings of golden tilefish,             length of the recreational fishing season
                                                 tilefish, as estimated by the SRD, reach                as estimated by the SRD, reach or are                 and recreational ACL is necessary.
                                                 or are projected to reach the longline                  projected to reach the recreational ACL               When the recreational sector is closed as
                                                 commercial ACL (commercial quota)                       of 2,316 fish, the AA will file a                     a result of NMFS reducing the length of
                                                 specified in § 622.190(a)(2)(iii), the AA               notification with the Office of the                   the recreational fishing season and ACL,
                                                 will file a notification with the Office of             Federal Register to close the recreational            the bag and possession limits for golden
                                                 the Federal Register to close the longline              sector for the remainder of the fishing               tilefish in or from the South Atlantic
                                                 component of the commercial sector for                  year regardless if the stock is overfished,           EEZ are zero.
                                                 the remainder of the fishing year. After                unless NMFS determines that no closure
                                                 the commercial ACL for the longline                     is necessary based on the best scientific             *       *     *     *     *
                                                 component is reached or projected to be                 information available. On and after the               [FR Doc. 2018–20976 Filed 9–26–18; 8:45 am]
                                                 reached, golden tilefish may not be                     effective date of such a notification, the            BILLING CODE 3510–22–P
daltland on DSKBBV9HB2PROD with PROPOSALS




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Document Created: 2018-09-27 01:03:46
Document Modified: 2018-09-27 01:03:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; request for comments.
DatesWritten comments must be received by October 12, 2018.
ContactKarla Gore, NMFS Southeast Regional Office, telephone: 727-551-5753, or email: [email protected]
FR Citation83 FR 48788 
RIN Number0648-BI38
CFR AssociatedAnnual Catch Limit; Fisheries; Fishing; Golden Tilefish and South Atlantic

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