Snapper-Grouper Fishery of the South Atlantic Region; Temporary Measures to Reduce Overfishing of Golden Tilefish, 65-71 [2017-27966]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 83, Number 1 (Tuesday, January 2, 2018)]
[Rules and Regulations]
[Pages 65-71]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27966]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 170828813-7999-02]
RIN 0648-BH15


Snapper-Grouper Fishery of the South Atlantic Region; Temporary 
Measures to Reduce Overfishing of Golden Tilefish

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

ACTION: Final temporary rule.

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SUMMARY: This final temporary rule implements interim measures to 
reduce overfishing of golden tilefish in Federal waters of the South 
Atlantic. Beginning in 2018, this temporary rule reduces the total 
annual catch limit (ACL), the commercial and recreational sector ACLs, 
and the quotas for the hook-and-line and longline components of the 
commercial sector. This final temporary rule is effective for 180 days, 
although NMFS may extend the temporary rule's effectiveness for up to 
an additional 186 days. The purpose of this final temporary rule is to 
reduce overfishing of golden tilefish while the South Atlantic Fishery 
Management Council

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(Council) develops management measures to end overfishing of golden 
tilefish on a permanent basis.

DATES: This final temporary rule is effective on January 2, 2018, 
through July 1, 2018.

ADDRESSES: Electronic copies of the environmental assessment (EA) 
supporting these interim measures may be obtained from the Southeast 
Regional Office website at https://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/2017/golden_tilefish_interim/. 
The EA includes a Regulatory Flexibility Act (RFA) analysis.

FOR FURTHER INFORMATION CONTACT: Karla Gore, NMFS Southeast Regional 
Office, telephone: 727-824-5305, or email: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery in the South 
Atlantic region includes golden tilefish and is managed under the 
Fishery Management Plan for Snapper-Grouper Fishery of the South 
Atlantic Region (FMP). 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).
    On October 30, 2017, NMFS published a proposed temporary rule in 
the Federal Register and requested public comment (82 FR 50101). The 
proposed temporary rule and EA outline the rationale for the actions 
contained in this final temporary rule, and the EA is available from 
NMFS (see ADDRESSES section). A summary of the management measures 
described in the EA and implemented by this final temporary rule is 
provided below.
    Golden tilefish are harvested by both commercial and recreational 
fishermen throughout the South Atlantic, although total landings are 
dominated by the commercial sector using bottom longline gear. Golden 
tilefish are also harvested commercially using hook-and-line gear, 
while the recreational sector harvests at a much lower level than 
either component of the commercial sector.
    In April 2016, an update to the 2011 Southeast Data, Assessment, 
and Review stock assessment (SEDAR 25) was completed for golden 
tilefish using data through 2014 (SEDAR 25 Update 2016). While SEDAR 25 
concluded that golden tilefish was not subject to overfishing and was 
not overfished, the SEDAR 25 Update 2016 concluded that golden tilefish 
is undergoing overfishing but is not overfished. NMFS notified the 
Council of the updated stock status determination in a letter dated 
January 4, 2017. As mandated by the Magnuson-Stevens Act, the Council 
and NMFS must prepare and implement an FMP, FMP amendment, or 
regulations to end overfishing of golden tilefish.
    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. 
During the Council's review of the SEDAR 25 Update 2016, Council 
members stated their concern over the large differences in biological 
benchmarks between SEDAR 25 and the SEDAR 25 Update 2016 and the much 
lower fishing level recommendations in the SEDAR 25 Update 2016. The 
Council subsequently requested that the SSC review the SEDAR 25 Update 
2016 again as a result of their concerns.
    In May 2017, the SEDAR Steering Committee considered a Council 
request for another golden tilefish update assessment, which was 
intended to address the SEDAR 25 Update 2016 concerns raised by the 
Council and their SSC during their earlier reviews. While an update 
assessment could not be included in the SEDAR schedule for 2017, the 
Southeast Fisheries Science Center (SEFSC) agreed to revise the SEDAR 
25 Update 2016 to address these Council concerns.
    As requested by the Council, the 2017 revision to the SEDAR 25 
Update 2016 used a newly developed model to assess the golden tilefish 
stock in the South Atlantic. The 2017 revised analysis was reviewed by 
the SSC at their October 2017 meeting, and the SSC did not recommend 
basing stocks status and fishing level recommendations on the revised 
analysis completed in 2017, but rather on the SEDAR 25 Update 2016. The 
Council is scheduled to discuss the SSC recommendations at their 
December 2017 meeting, and the recommendations will be used to develop 
management measures in Amendment 45 to the FMP, which is intended to 
end overfishing of golden tilefish on a permanent basis.
    Because the revised catch level recommendations from the Council's 
SSC were not available until late October 2017, and the majority of 
golden tilefish landings typically occur early in the fishing year, 
there was insufficient time for the Council and NMFS to develop and 
possibly implement management measures, respectively, to end 
overfishing of golden tilefish on a permanent basis in time for the 
start of the 2018 fishing year beginning on January 1.
    Therefore, as a result of the limited timeframe to develop revised 
catch level recommendations, the Council sent a letter to NMFS, dated 
June 27, 2017, to request that NMFS implement interim measures to 
immediately reduce overfishing of golden tilefish while management 
measures are developed through Amendment 45 to end overfishing of 
golden tilefish on a permanent basis. For 2018, the Council recommended 
setting the total ACL at the projected yield at 75 percent of the yield 
produced by the fishing mortality rate at maximum sustainable yield, 
which would be 323,000 lb (146,510 kg), gutted weight, 361,760 lb 
(164,092 kg), round weight. The interim measures in this final 
temporary rule are effective for 180 days after the publication date in 
the Federal Register and may be extended one time for an additional 186 
days. If NMFS does not extend the proposed interim measures beyond 180 
days, the total and sector ACLs, as well as the quotas for the hook-
and-line and longline components of the commercial sector, would revert 
to their previously implemented values. The final rule for Amendment 
18B implemented the previous commercial ACL and commercial component 
quotas (78 FR 23858, April 23, 2013), and the final rule for Regulatory 
Amendment 12 implemented the previous recreational ACL (77 FR 61295, 
October 9, 2012). The Council intends to have Amendment 45 developed 
and implemented prior to the expiration of these interim measures.

Management Measures Contained in This Final Temporary Rule

    During the effectiveness of this final temporary rule, which starts 
in the 2018 fishing year, the total ACL for golden tilefish is 323,000 
lb (146,510 kg), gutted weight, 361,760 lb (164,092 kg), round weight. 
This final temporary rule also specifies the commercial and 
recreational sector ACLs and component commercial quotas using the 
existing sector allocations. For golden tilefish, 97 percent of the 
total ACL is allocated to the commercial sector, with 25 percent of the 
commercial ACL available for the hook-and-line component and 75 percent 
available for the longline component. The recreational sector is 
allocated three percent of the total ACL. Therefore, during the 
effectiveness of this final temporary rule, the commercial ACL is 
313,310 lb (142,115 kg), gutted weight. The commercial quota for the 
hook-and-line component is 78,328 lb (35,529 kg), gutted weight, and 
the commercial quota for the longline component is 234,982 lb (106,586 
kg), gutted weight. The

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recreational ACL during the effectiveness of this final temporary rule 
starting in 2018 is 2,187 fish, which is equivalent to 9,690 lb (4,395 
kg), gutted weight.
    The temporary reductions in the ACLs and quotas being implemented 
through this final temporary rule could result in earlier in-season 
closures particularly for the commercial sector. The earlier closures 
would likely result in short-term adverse socio-economic effects. 
However, the temporary ACLs and quotas are expected to minimize future 
adverse socio-economic effects by potentially reducing future 
reductions in the ACLs and quotas required to end overfishing through 
Amendment 45. The temporary ACLs and quotas would also provide 
biological benefits to the golden tilefish stock by reducing the 
current levels of fishing mortality.

Comments and Responses

    NMFS received 23 comment submissions from individuals, fishing 
associations, and commercial, private recreational, and charter vessel/
headboat (for-hire) recreational fishing entities during the public 
comment period on the proposed temporary rule. Sixteen of the comments 
were in general opposition to the actions in the golden tilefish 
proposed temporary rule, citing adverse socio-economic effects, and 
uncertainty with the stock assessment. Seven comments supported the 
need for protection of golden tilefish. Comments that were beyond the 
scope of the proposed temporary rule and comments that agreed with the 
proposed actions have not been addressed in this final rule. Comments 
that specifically relate to the actions contained in the proposed 
temporary rule, as well as NMFS' respective responses, are summarized 
below.
    Comment 1: Golden tilefish are above target fishing levels and the 
data, model, and science used to make the overfishing determination are 
flawed. SEDAR 25 Update 2016 should not be accepted as the best 
scientific information available, the proposed temporary rule should 
not be implemented, and NMFS should wait until better data become 
available or a new stock assessment is completed before making any 
management decisions.
    Response: NMFS disagrees. The EA and this final temporary rule 
respond to the latest stock assessment for golden tilefish in the South 
Atlantic (SEDAR 25 Update 2016), which includes waters off North 
Carolina through the east coast of Florida. The SEDAR 25 Update 2016 
concluded that the stock is undergoing overfishing but is not 
overfished. NMFS notified the Council of the updated stock status 
determination in a letter dated January 4, 2017.
    The SEDAR process is a peer-reviewed cooperative effort to assess 
the status of stocks in the jurisdictions of the South Atlantic, 
Caribbean, and Gulf of Mexico Fishery Management Councils; as well as 
NMFS' SEFSC and Southeast Regional Office, and the NMFS Highly 
Migratory Species Division; and the Atlantic and Gulf States Marine 
Fisheries Commissions. SEDAR also relies on state agencies and 
universities throughout the region for research, data collection, and 
stock assessment expertise. Fishery-dependent and independent data were 
utilized in the stock assessment. All of the data sources used are 
further described in the SEDAR 25 Update 2016, which is available on 
the SEDAR website at https://sedarweb.org. The SEDAR website also 
provides extensive supporting documentation that describes data 
collection programs and research findings. In May 2016, the Council's 
SSC reviewed the SEDAR 25 Update 2016 and indicated that the assessment 
is based on the best scientific information available.
    The Council received the results of the assessment update from the 
SSC in June 2016, and Council members expressed concern over the large 
differences in biological benchmarks and fishing level recommendations 
between SEDAR 25 Update 2016 and SEDAR 25, and subsequently requested 
an updated stock assessment for golden tilefish.
    To address the Council's concerns, in May 2017, the SEDAR Steering 
Committee agreed to revise the SEDAR 25 Update 2016, because a new 
golden tilefish stock assessment could not be completed in 2017. The 
SSC reviewed the 2017 revision to the SEDAR 25 Update 2016 at their 
October 2017 meeting and determined that it was unsuitable for 
management. Therefore, the best scientific information available for 
golden tilefish remains the SEDAR 25 Update 2016.
    NMFS and the South Atlantic Council expect the recent level of 
golden tilefish landings to continue in the near future. Because the 
majority of the golden tilefish landings are taken between January and 
early spring in most years, there was not sufficient time for the 
Council and NMFS to develop and possibly implement management measures 
to end overfishing of golden tilefish on a permanent basis in time for 
the start of the 2018 fishing year beginning on January 1. Therefore, 
to reduce overfishing, the Council recommended that NMFS implement 
interim measures to set the golden tilefish total ACL for 2018 at 
323,000 lb (146,510 kg), gutted weight, while the Council develops 
Amendment 45 to end overfishing of golden tilefish on a permanent 
basis. This total ACL is expected to immediately address the need to 
reduce overfishing of golden tilefish. The SEFSC certified the EA for 
these interim measures and supported the Council's recommendations as 
the best scientific information available on October 3, 2017.
    The temporary rule will take effect in 2018 for 180 days after the 
date of publication and may be extended once for a maximum of an 
additional 186 days while the Council develops management measures to 
end overfishing of golden tilefish in the South Atlantic on a permanent 
basis through Amendment 45. The next scheduled SEDAR benchmark stock 
assessment is scheduled to be completed in 2019.
    Comment 2: The assessment model used for the SEDAR 25 Update 2016, 
which employed a robust multinomial likelihood function approach, was 
criticized by the Council's SSC and resulted in biasing the assessment 
results; consequently, the SEDAR 25 Update 2016 does not constitute 
best scientific information available for golden tilefish.
    Response: NMFS disagrees. Subsequent to SEDAR 25, completed in 
2011, the Council raised concerns about the assessment's use of a 
multinomial likelihood function approach. Partly in response to those 
concerns, the SEDAR 25 Update 2016 participants determined that the use 
of a robust multinomial likelihood function approach is more 
appropriate for the SEDAR 25 Update 2016 than the original multinomial 
likelihood function approach used in SEDAR 25. However, the Council was 
concerned with the use of the robust multinomial likelihood function 
approach in the SEDAR 25 Update 2016, because subsequent SEDAR 
assessments have raised concerns from the Council with the ability of 
the original and robust multinomial likelihood functions to estimate 
composition data, and a recent stock assessment of red grouper used a 
newly developed Dirichlet multinomial likelihood function approach. 
Therefore, in June 2016, the Council requested the SEFSC revise the 
SEDAR 25 Update 2016 using the Dirichlet multinomial likelihood 
function approach in place of the robust multinomial likelihood 
function approach.
    The Council's SSC reviewed the revision to the SEDAR 25 Update 2016 
at their October 2017 meeting. After

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consideration, the SSC did not recommended basing stock status and 
fishing level recommendations using the Dirichlet multinomial 
likelihood function approach. Instead, the SSC recommended using the 
base model run of the SEDAR 25 Update 2016, which used the robust 
multinomial likelihood function approach. The SSC determined that the 
Dirichlet multinomial likelihood function approach has not been 
sufficiently tested using composition data obtained from sparse 
sampling, which is present in the 2017 revision to the SEDAR 25 Update 
2016. In addition, the SSC determined that most model runs of the 
revision to the SEDAR 25 Update 2016 did not converge on a solution 
suitable for their recommendation as management advice. The criticisms 
referenced by the comment from the October 2017 SSC meeting were 
actually criticisms of the Dirichlet multinomial likelihood approach 
and not the robust multinomial likelihood approach to which the SSC 
defaulted with their final recommendation. The use of the robust 
multinomial likelihood function approach has been accepted as a valid 
stock assessment tool and has been used in other stock assessments, 
such as SEDAR 36 for snowy grouper and SEDAR 41 for red snapper. 
Ultimately, the use of the robust multinomial likelihood function 
approach in the SEDAR 25 Update 2016 was accepted by the SSC as best 
scientific information available, and has been accepted as such by 
NMFS.
    Comment 3: The assessment model changes made in the SEDAR 25 Update 
2016 from the SEDAR 25 benchmark assessment were contrary to accepted 
stock assessment policy, and resulted inaccurate changes to golden 
tilefish stock status results from the SEDAR 25 Update 2016.
    Response: NMFS disagrees. Performing additional analyses, and not 
merely updating landings data, is not uncommon in update assessments 
completed via the SEDAR process. In this case, the inclusion of the 
robust multinomial likelihood function approach in the SEDAR 25 Update 
2016 was within the changes allowed as specified in the Terms of 
Reference for an update assessment. The Terms of Reference provided for 
the SEDAR 25 Update 2016 specifically indicated that it needed to 
``document any changes or corrections made to the model and input 
datasets,'' clearly establishing that such potential model changes were 
envisioned and potentially desired. While the SEDAR guidelines do not 
provide precise guidance on the proper scope of allowable changes in 
update assessments, the changes made in the SEDAR 25 Update 2016 are 
within the scope of what is allowed under the SEDAR guidelines that 
specify allowable changes under different assessment types. Further, 
the changes are consistent with changes made in other update 
assessments.
    As noted in the response to Comment 2, the SEDAR 25 Update 2016 
used widely accepted and commonly used analytical methods. It has been 
peer reviewed, extensively discussed by the relevant parties, and NMFS 
has determined that it constitutes the best scientific information 
available.
    Comment 4: The interim measures will cause additional economic 
hardship on the commercial sector and for-hire components of the 
recreational sector, as well as the supporting businesses, such as fish 
houses, dealers, and restaurants. Many business operations will fail as 
a result of the proposed interim measures.
    Response: As described in the EA, the proposed temporary rule, and 
the response to Comment 1, the temporary ACL and quota reductions are 
necessary to immediately reduce overfishing of golden tilefish in the 
South Atlantic, while the Council develops management measures in 
Amendment 45 to end overfishing of golden tilefish on a permanent 
basis. NMFS and the Council recognize the adverse socio-economic 
impacts that reducing the ACLs and quotas could have on fishing 
businesses and communities. However, these interim measures may result 
in less stringent measures that would be considered in Amendment 45 to 
end overfishing of golden tilefish on a permanent basis.
    The economic analysis developed for this temporary rule indicates 
that the temporary ACL and quota reductions would affect the hook-and-
line and longline components of the commercial sector, as well as for-
hire operations in the recreational sector. The amount of the ACL and 
quota reductions is proportional to each sector or component's current 
allocation of the total ACL. Reductions to the total ACL, the 
commercial and recreational sector ACLs, and the commercial quotas for 
the hook-and-line and longline components of the commercial sector 
implemented by this final temporary rule are expected to result in 
adverse, short-term economic effects directly on the participants of 
the golden tilefish commercial and recreational sectors and indirectly 
on the supporting industries, such as dealers, tackle and bait shops, 
and fishing communities. In general, the larger the sector or 
component's percentage of the allocation, the greater the short-term 
adverse economic impacts would be. In addition, the more dependent an 
area or fishing community is on fishing for golden tilefish, the 
greater would be the adverse impacts on the area's fishing participants 
and supporting industries.
    Insufficient information is available to determine if this final 
temporary rule will result in businesses exiting the snapper-grouper 
fishery. The initial regulatory flexibility analysis (IRFA) conducted 
for the proposed temporary rule notes that longline fishermen would be 
particularly adversely affected because they derive approximately 74 
percent of their total revenues from golden tilefish. However, as 
described previously, these impacts are expected to be short-term and 
may result in less restrictive management measures possibly implemented 
through Amendment 45.
    NMFS also expects consumers and recreational anglers to be 
negatively affected by the final temporary rule. While the effects on 
consumers cannot be estimated with available information, a good 
possibility exists that the presence of substitute species would 
mitigate the negative effects on consumers. The EA provides estimates 
of the loss in consumer surplus to recreational anglers as a result of 
the final temporary rule. However, no quantitative estimates of the 
economic effects on the for-hire component of the recreational sector 
could be provided due to the complexity of determining whether 
potentially affected for-hire trips would be totally lost or just 
redirected to other areas or to other species. In addition, 
recreational fishermen have varied preferences and may target or 
harvest a diverse mix of snapper-grouper and other species on a trip. 
The absence or reduction of the opportunity to fish for golden tilefish 
may or may not affect their overall desire to take or pay for trips.
    As discussed in the EA, NMFS expects the reduced ACLs and quotas in 
this final temporary rule to result in diminished economic benefits in 
the short-term, but also to reduce overfishing sooner than if no 
interim measures were implemented to prevent the golden tilefish stock 
in the South Atlantic from becoming overfished, thereby resulting in 
greater economic benefits in the longer term.
    Comment 5: The socio-economic analysis is inadequate because it did 
not consider the impacts beyond the commercial and recreational 
fishermen.
    Response: NMFS disagrees. NMFS determined that an adequate socio-
economic analysis, assessing the impacts of the temporary rule, was

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performed and included in the EA. NMFS prepared an IRFA to analyze the 
economic impacts of the temporary rule on small entities, specifically 
commercial fishermen. A summary of the IRFA was included in the 
proposed temporary rule. A final regulatory flexibility analysis (FRFA) 
accompanies this final temporary rule that also considers the comments 
received on this action. The EA provides analyses of the economic 
benefits and costs of each alternative to the nation and the South 
Atlantic snapper-grouper fishery as a whole. The EA recognizes that the 
temporary rule will have economic effects on commercial and 
recreational supporting industries (dealers, wholesalers, retailers, 
restaurants) beyond the harvest market. The EA provides general 
information regarding the commercial and recreational sectors' economic 
impacts in terms of jobs, sales, income, and value added on the entire 
seafood industry, including the harvest, wholesale and retail markets. 
Quantifying the effects of each alternative on the commercial and 
recreational supporting industries is not possible due to lack of 
sufficient information. For the commercial sector, reactions from 
dealers, wholesalers, retailers, or restaurants to reduced availability 
of golden tilefish is uncertain, especially that substitute species 
exist. For the recreational sector, substitute species also exist and, 
as described in the response to Comment 4, the reduction or absence of 
the opportunity to fish for golden tilefish may or may not affect their 
overall desire to take or pay for trips. The EA also notes that fishing 
communities dependent on the golden tilefish segment of the snapper-
grouper fishery would tend to bear a greater share of the short-term 
adverse impacts. The socio-economic analysis indicates that while the 
short-term socioeconomic impacts would be negative, ending overfishing 
through Amendment 45, if implemented, would be expected to result in 
greater long-term benefits.

Future Action

    NMFS determined that this final temporary rule is necessary to 
reduce overfishing of golden tilefish in the South Atlantic. NMFS 
considered all public comments received on the proposed temporary rule 
in the determination of whether to proceed with a final temporary rule 
and whether any revisions to the final temporary rule were appropriate. 
This final temporary rule is effective for 180 days after the date of 
publication in the Federal Register, as authorized by section 305(c) of 
the Magnuson-Stevens Act. The final temporary rule could be extended if 
NMFS publishes a temporary rule extension in the Federal Register for 
up to an additional 186 days, because the public has had an opportunity 
to comment on the proposed temporary rule, and the Council is actively 
preparing an FMP amendment to address overfishing on a permanent basis.

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined that this final temporary rule is consistent with the 
Magnuson-Stevens Act and other applicable laws.
    This final temporary rule has been determined to be not significant 
for purposes of Executive Order 12866.
    In compliance with section 604 of the RFA, NMFS prepared a FRFA for 
this final temporary rule. The FRFA incorporates the IRFA, a summary of 
the significant economic issues raised by public comments, NMFS' 
responses to those comments, and a summary of the analyses completed to 
support the action. The FRFA follows.
    A description of this final temporary rule, and its rationale, 
objectives, and legal basis are contained at the beginning of this 
section in the preamble and in the SUMMARY section of the preamble. The 
Magnuson-Stevens Act provides the statutory basis for this final 
temporary 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 final 
temporary rule. Accordingly, this final temporary rule does not 
implicate the Paperwork Reduction Act.
    No comments specific to the IRFA were received from the public or 
from the Chief Counsel for the Advocacy of the Small Business 
Administration; therefore, no public comments are addressed in this 
FRFA. However, there are comments that have economic implications, and 
they are addressed in the Comments and Responses section.
    No changes to the proposed temporary rule were made in response to 
public comments. NMFS agrees that the Council's recommendation for the 
temporary action will best achieve their objectives for the final 
temporary rule while minimizing, to the extent practicable, the adverse 
effects on fishermen, support industries, and associated communities.
    NMFS expects this final temporary rule will directly affect all 
commercial vessels that harvest South Atlantic golden tilefish under 
the FMP. The change in the recreational ACL in this final temporary 
rule will not directly affect or regulate for-hire businesses. Any 
impact to the profitability or competitiveness of for-hire fishing 
businesses will be the result of changes in for-hire angler demand and 
will therefore be indirect in nature. Under the RFA recreational 
anglers, who will be directly affected by this final temporary rule, 
are not considered to be small entities, so they are outside the scope 
of this analysis and only the effects on commercial vessels were 
analyzed. For RFA purposes only, 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 in excess of $11 million for all its 
affiliated operations worldwide.
    As of August 10, 2017, there were 544 vessels with valid or 
renewable Federal South Atlantic snapper-grouper unlimited permits, 114 
valid or renewable 225-lb trip limited permits, and 22 golden tilefish 
longline endorsements. The golden tilefish longline endorsement system 
started in 2013. From 2012 through 2016, an average of 23 longline 
vessels per year landed golden tilefish in the South Atlantic. These 
vessels, combined, averaged 255 trips per year in the South Atlantic on 
which golden tilefish were landed, and 182 trips taken in the South 
Atlantic on which no golden tilefish were harvested or in areas outside 
the South Atlantic. The average annual total dockside revenue (2016 
dollars) for these vessels combined was approximately $1.56 million 
from golden tilefish, $0.10 million from other species co-harvested 
with golden tilefish (on the same trips in the South Atlantic), and 
$0.43 million from trips in the South Atlantic on which no golden 
tilefish were harvested or in areas outside the South Atlantic. Total 
average annual revenue from all species harvested by longline vessels 
harvesting 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

[[Page 70]]

in the South Atlantic on which golden tilefish were landed, and 2,862 
trips taken in the South Atlantic on which no golden tilefish were 
harvested or in areas outside the South Atlantic. The average annual 
total dockside revenue (2016 dollars) for these 82 vessels was 
approximately $0.36 million from golden tilefish, $0.66 million from 
other species co-harvested with golden tilefish (on the same trips in 
the South Atlantic), and $4.13 million from trips in the South Atlantic 
on which no golden tilefish were harvested or in areas outside the 
South Atlantic. 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 seven percent of these 
vessels' total revenues came from golden tilefish. Based on the 
foregoing revenue information, all commercial vessels using longlines 
or other gear types (mostly hook-and-line) affected by the final 
temporary rule are determined to be small entities.
    Because all entities expected to be directly affected by this final 
temporary rule are determined to be small entities, NMFS determined 
that this final temporary rule will affect a substantial number of 
small entities. For the same reason, the issue of disproportionate 
effects on small versus large entities does not arise in the present 
case.
    Reducing the South Atlantic total ACL for golden tilefish will 
reduce the specific ACLs for the commercial and recreational sectors. 
These ACL reductions will result in ex-vessel revenue losses of 
approximately $229,000 for hook-and-line vessels and $600,000 for 
longline vessels over the entire 2018 fishing year. Ex-vessel revenue 
reductions for the commercial sector will result in profit reductions, 
although this is more likely for longline vessels as they are more 
dependent on golden tilefish than hook-and-line vessels.
    The following discusses the alternatives that the Council did not 
select as preferred.
    Four alternatives, including the preferred alternative as described 
above, were considered for reducing the total and sector ACLs for South 
Atlantic golden tilefish. 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, very likely 
leading into the adoption of more stringent measures in the near 
future. The second alternative would reduce the ACLs more than the 
preferred alternative, and thus would be expected to result in larger 
revenue (and profit) losses to the commercial sector. The third 
alternative would establish higher ACLs than the preferred alternative. 
Although this alternative would result in lower revenue losses to the 
commercial sector, the ACLs it would establish may not be low enough to 
address the overfishing status of the stock. To an extent, this 
alternative would leave open a greater likelihood of implementing more 
stringent measures when management actions are developed and possibly 
implemented through Amendment 45 to end overfishing of golden tilefish 
on a permanent basis.
    This final temporary rule responds to the best scientific 
information available. The Assistant Administrator for NOAA Fisheries 
(AA) finds that the need to immediately implement this action 
constitutes good cause to waive the 30-day delay in this final 
temporary rule's effectiveness, pursuant to the authority set forth in 
5 U.S.C. 553(d)(3), as such procedure for this final temporary rule is 
impracticable and contrary to the public interest.
    A delay in effectiveness is impracticable, because it would 
contribute to overfishing of golden tilefish, which is contrary to 
National Standard 1 of the Magnuson-Stevens Act. National Standard 1 
requires NMFS to conserve and manage ocean resources to prevent 
overfishing, while achieving the optimum yield from each fishery. 
Without this final temporary rule becoming effective early in the 2018 
fishing year, which begins on January 1, the commercial and 
recreational sectors would be able to harvest golden tilefish under 
higher ACLs and quotas than those implemented by this final temporary 
rule. These harvests could result in further overfishing of golden 
tilefish, contrary to NMFS' statutory obligations. By implementing this 
final temporary rule immediately, the total harvest of golden tilefish 
would be reduced until the Council and NMFS can prepare and possibly 
implement management measures under Amendment 45 to end overfishing of 
golden tilefish on a permanent basis.
    In addition, delaying the effectiveness of this final temporary 
rule for 30 days is contrary to the public interest because of the need 
to immediately implement this action to protect golden tilefish. The 
capacity of the fishing fleet allows for rapid harvest of the ACL. 
Delaying the effectiveness of this final temporary rule would require 
time and could potentially result in a harvest in excess of the reduced 
ACLs implemented by this final temporary rule, increasing the 
likelihood of future overfishing and more restrictive measures to 
address it.
    Accordingly, the 30-day delay in effectiveness of the measures 
contained in this final temporary rule is waived.

List of Subjects in 50 CFR Part 622

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

    Dated: December 21, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 622 is 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. In Sec.  622.190, suspend paragraphs (a)(2)(i) through (iii) and add 
paragraphs (a)(2)(iv) through (vi) to read as follows:


Sec.  622.190  Quotas.

* * * * *
    (a) * * *
    (2) * * *
    (iv) Hook-and-line and longline components combined--313,310 lb 
(142,115 kg).
    (v) Hook-and-line component--78,328 lb (35,529 kg).
    (vi) Longline component--234,982 lb (106,586 kg).
* * * * *

0
3. In Sec.  622.193, suspend paragraphs (a)(1)(i), (ii), and (iii) and 
(a)(2), and add paragraphs (a)(1)(iv), (v), and (vi), and (a)(3) to 
read as follows:


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

    (a) * * *
    (1) * * *
    (iv) Hook-and-line component. If commercial 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)(v), 
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).
    (v) Longline component. If commercial landings for golden tilefish,

[[Page 71]]

as estimated by the SRD, reach or are projected to reach the commercial 
ACL (commercial quota) specified in Sec.  622.190(a)(2)(vi), 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).
    (vi) If 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)(iv), and 
the combined commercial and recreational ACL of 323,000 lb (146,510 
kg), gutted weight, 361,760 lb (164,092 kg), round weight, 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.
* * * * *
    (3) Recreational sector. (i) If recreational landings of golden 
tilefish, as estimated by the SRD, reach or are projected to reach the 
recreational ACL of 2,187 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, 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 323,000 lb (146,510 kg), 
gutted weight, 361,760 lb (164,092 kg), round weight, 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. 2017-27966 Filed 12-29-17; 8:45 am]
BILLING CODE 3510-22-P