Fisheries of the Northeastern United States; Framework 2 to the Tilefish Fishery Management Plan, 10803-10807 [2018-04974]
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Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Rules and Regulations
the aggregated LCS and hammerhead
shark management groups while leaving
only the blacktip shark fishery open in
the western Gulf of Mexico sub-region
could cause large numbers of regulatory
discards of aggregated LCS species.
Such discards could hinder the
management goals and interfere with
accomplishing the objectives of the 2006
Consolidated HMS FMP and its
amendments (§ 635.28(b)(5)(iii)), which
include preventing overfishing while
achieving on a continuing basis
optimum yield and rebuilding
overfished shark stocks. Such discards
would also be contrary to National
Standard 9, which requires that
management measures minimize
bycatch and bycatch mortality,
particularly if the discards are dead and
are of overfished species. A single
closure for the blacktip, aggregated LCS,
and hammerhead management groups
in the western Gulf of Mexico subregion would minimize regulatory
discards, and help prevent overfishing,
of aggregated LCS in the western Gulf of
Mexico sub-region, consistent with the
Magnuson-Stevens Fishery
Conservation and Management Act and
the criteria at § 635.28(b)(5).
Accordingly, NMFS is closing the
commercial blacktip shark fishery in the
western Gulf of Mexico sub-region as of
11:30 p.m. local time March 13, 2018.
All other shark species or
management groups in the western Gulf
of Mexico sub-region that are currently
open will remain open, including the
commercial Gulf of Mexico nonblacknose small coastal sharks (SCS),
blue sharks, smoothhound sharks, and
pelagic sharks other than porbeagle or
blue sharks.
The boundary between the Gulf of
Mexico region and the Atlantic region is
defined at § 635.27(b)(1) as a line
beginning on the East Coast of Florida
at the mainland at 25°20.4′ N. lat,
proceeding due east. Any water and
land to the south and west of that
boundary is considered for the purposes
of monitoring and setting quotas, to be
within the Gulf of Mexico region. The
boundary between the western and
eastern Gulf of Mexico sub-regions is
drawn along 88° 00′ W. long
(§ 635.27(b)(1)(ii)). Persons fishing
aboard vessels issued a commercial
shark limited access permit under
§ 635.4 may still retain blacktip sharks,
aggregated LCS, and/or hammerhead
sharks management groups in the
eastern Gulf of Mexico sub-region (east
of 88° 00′ W. long).
During the closure, retention of
blacktip sharks, aggregated LCS, and/or
hammerhead sharks management
groups in the western Gulf of Mexico
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sub-region is prohibited for persons
fishing aboard vessels issued a
commercial shark limited access permit
under § 635.4. However, persons aboard
a commercially permitted vessel that is
also properly permitted to operate as a
charter vessel or headboat for HMS, has
a shark endorsement, and is engaged in
a for-hire trip could fish under the
recreational retention limits for sharks
and ‘‘no sale’’ provisions (§ 635.22 (c)).
Similarly, persons aboard a
commercially permitted vessel that
possesses a valid shark research permit
under § 635.32 and has a NMFSapproved observer onboard may
continue to harvest and sell blacktip
sharks, aggregated LCS, and/or
hammerhead sharks in the western Gulf
of Mexico sub-region pursuant to the
terms and conditions of the shark
research permit.
During this closure, a shark dealer
issued a permit pursuant to § 635.4 may
not purchase or receive blacktip sharks,
aggregated LCS, and/or hammerhead
sharks in the western Gulf of Mexico
sub-region from a vessel issued an
Atlantic shark limited access permit
(LAP), except that a permitted shark
dealer or processor may possess blacktip
sharks, aggregated LCS, and/or
hammerhead sharks in the western Gulf
of Mexico sub-region that were
harvested, off-loaded, and sold, traded,
or bartered prior to the effective date of
the closure and were held in storage
consistent with § 635.28(b)(6).
Additionally, a permitted shark dealer
or processor may possess blacktip
sharks, aggregated LCS, and/or
hammerhead sharks in the western Gulf
of Mexico sub-region that were
harvested by a vessel issued a valid
shark research fishery permit per
§ 635.32 with a NMFS-approved
observer onboard during the trip the
sharks were taken on as long as the LCS
research fishery quota remains open.
Similarly, a shark dealer issued a permit
pursuant to § 635.4 may, in accordance
with relevant state regulations, purchase
or receive blacktip sharks, aggregated
LCS, and/or hammerhead sharks in the
western Gulf of Mexico sub-region if the
sharks were harvested, off-loaded, and
sold, traded, or bartered from a vessel
that fishes only in state waters and that
has not been issued an Atlantic Shark
LAP, HMS Angling permit, or HMS
Charter/Headboat permit pursuant to
§ 635.4.
Classification
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator for Fisheries,
NOAA (AA), finds that providing prior
notice and public comment for this
action is impracticable and contrary to
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10803
the public interest because the fishery is
currently underway and any delay in
this action would result in overharvest
of the quotas for these species and
management groups and thus would be
inconsistent with fishery management
requirements and objectives. The
regulations implementing the 2006
Consolidated HMS FMP and
amendments provide for inseason
retention limit adjustments and fishery
closures to respond to the unpredictable
nature of availability on the fishing
grounds, the migratory nature of the
species, and the regional variations.
NMFS is not able to give notice sooner
nor would sooner notice be practicable
given the structure of the regulations,
which close the fisheries under
specified regulatory criteria or
thresholds, and closure determinations
need to be based on near real-time data
to balance fishing opportunities against
the management goal of preventing
quota overharvests. Similarly, affording
prior notice and opportunity for public
comment on this action is contrary to
the public interest because if a quota is
exceeded, the stock may be negatively
affected and fishermen ultimately could
experience reductions in the available
quota and a lack of fishing opportunities
in future seasons. For these reasons, the
AA also finds good cause to waive the
30-day delay in effective date pursuant
to 5 U.S.C. 553(d)(3). This action is
required under § 635.28(b)(3) and
§ 635.28(b)(5) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 8, 2018
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2018–05058 Filed 3–8–18; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 160229159–8236–02]
RIN 0648–BF85
Fisheries of the Northeastern United
States; Framework 2 to the Tilefish
Fishery Management Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
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Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Rules and Regulations
This final rule implements
the management measures contained in
Framework Adjustment 2 to the Tilefish
Fishery Management Plan and adjusts
the 2018 specifications for this fishery.
The Mid-Atlantic Fishery Management
Council developed Framework
Adjustment 2 to improve and simplify
the administration of the golden tilefish
fishery. These changes include
removing an outdated reporting
requirement, proscribing allowed gear
for the recreational fishery, modifying
the commercial incidental possession
limit, requiring commercial golden
tilefish be landed with the head and fins
attached, and revising how assumed
discards are accounted for when setting
harvest limits. Based on new regulations
implemented by this rule, this action
updates previously published
specifications for the commercial golden
tilefish fishery for 2018 and projected
specifications for 2019 and 2020.
DATES: This rule is effective April 12,
2018, except for the amendment to
§ 648.7(b)(2)(ii), which is effective
March 13, 2018.
ADDRESSES: Copies of Framework 2 and
the Environmental Assessment (EA),
with its associated Finding of No
Significant Impact (FONSI) and the
Regulatory Impact Review (RIR), are
available from the Mid-Atlantic Fishery
Management Council, 800 North State
Street, Suite 201, Dover, DE 19901.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this final rule
may be submitted to the Greater Atlantic
Regional Fisheries Office, 55 Great
Republic Drive, Gloucester, MA 01930,
and by email to OIRA_Submission@
omb.eop.gov, or fax to 202–395–7285
FOR FURTHER INFORMATION CONTACT:
Douglas Potts, Fishery Policy Analyst,
978–281–9341.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Background
This action implements Framework
Adjustment 2 to the Tilefish Fishery
Management Plan (FMP). The MidAtlantic Fishery Management Council
developed this framework to improve
and simplify management measures for
the golden tilefish fishery in Federal
waters north of the Virginia/North
Carolina border, consistent with the
requirements of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act). We
published a proposed rule for this
action on October 23, 2017 (82 FR
48967), with a comment period through
November 7, 2017. See Comments and
Responses section for more information.
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Framework Adjustment 2 Measures
Interactive Voice Response System (IVR)
Reporting Requirement Removal
Commercial fishing vessels that land
golden tilefish under the individual
fishing quota (IFQ) system are currently
required to report each trip within 48
hours of landing through our IVR
system. The Council originally created
this reporting requirement when the
fishery was managed under three permit
categories, each with a sector-specific
annual landing limit. The IVR system
provided timely landing reports to track
quota use and allowed managers to
close a permit category if the annual
landing cap was reached. When the
Council changed the management of the
fishery to an IFQ system, it retained the
IVR system to allow additional
monitoring of landings. Improvements
in electronic dealer-reported landings
and other data streams have rendered
this IVR report redundant, and the data
are no longer used to monitor quotas.
This action eliminates this unnecessary
reporting requirement.
Recreational Fishing Gear Limit
In recent years, the Council has
received reports of recreational
fishermen using ‘‘mini-longline’’ gear
with a large number of hooks to target
tilefish. The Council is concerned the
use of this gear could result in increased
dead discards of tilefish if fishermen
catch more than the eight-fish per
person bag limit using this type of gear.
The Magnuson-Stevens Act list of
authorized gear types at 50 CFR
600.75(v) already restricts the
recreational fishery to rod and reel and
spear gear. However, to avoid any
potential confusion and clarify the
amount of gear allowed, this action
codifies that rod and reel with a
maximum of five hooks per rod is the
only authorized recreational tilefish gear
for use in the Mid-Atlantic. Anglers
could use either a manual or an electric
reel.
Commercial Golden Tilefish Landing
Condition
The commercial tilefish fishery
typically lands fish in a head-on, gutted
condition. However, quotas and
possession limits are in whole (round)
weight. This requires the fishing
industry to use a conversion factor to
change landed weight to whole weight
to comply with incidental possession
limits and IFQ allocations. This action
requires commercially-caught golden
tilefish to be landed with the head and
fins attached, although they could be
gutted. By requiring this, we can more
reliably specify and monitor landing
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limits and quotas in landed weight,
eliminating the need to use a conversion
factor. This will simplify catch
accounting and improve compliance for
individuals participating in the
commercial tilefish fishery.
Commercial Golden Tilefish Possession
Limit
When the Council created the tilefish
IFQ system, it allocated a separate quota
and commercial possession limit of 500
lb (227 kg) to allow small landings of
tilefish caught by non-IFQ vessels
targeting other species. In recent years,
there have been increasing reports of
non-IFQ vessels specifically targeting
golden tilefish to land the maximum
commercial incidental possession limit.
In an effort to ensure that the incidental
fishery functions as originally intended,
this action modifies the commercial
possession limit to ensure that vessels
are targeting other species, and only
incidentally catching golden tilefish.
This action adjusts the commercial
golden tilefish landing limit to: 500 lb
(227 kg) or 50 percent, by weight, of all
fish, including the golden tilefish, on
board the vessel, whichever is less.
Individual Fishing Quota Authorized
Vessels
Tilefish IFQ allocation holders may
authorize one or more vessels to land
tilefish under their allocation. All
golden tilefish landed by those vessels
are then deducted from that allocation.
We do not currently have a mechanism
for a vessel to attribute golden tilefish
landings from a single trip to more than
one IFQ allocation. To create such a
system would increase reporting burden
on vessels and dealers, and add
complexity to the IFQ accounting and
cost recovery systems. In order to
maintain simple and efficient
administration of the IFQ fishery, this
action prohibits a vessel from being
authorized to land tilefish under
multiple IFQ allocations on the same
trip. A vessel could still change IFQ
allocations over the course of the year
while only being authorized by one IFQ
allocation at a time. In addition, IFQ
allocation holders can lease quota to
maintain flexibility in harvesting their
allocation.
Assumed Discards in Quota-Setting
Process
The current specification process sets
the annual catch limit (ACL) equal to
the acceptable biological catch (ABC).
The ACL is adjusted to address any
management uncertainty to set an
annual catch target (ACT), then assumed
discards of golden tilefish are deducted
from the ACT to generate the total
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allowable landings (TAL). The
incidental fishery is then allocated 5
percent of the TAL, and the remaining
95 percent of the TAL is divided among
the IFQ shareholders based on their
individual quota holdings. However,
discarding golden tilefish is prohibited
in the IFQ fishery. As a result, observed
discards occur almost entirely in the
incidental fishery. This action adjusts
the specification process to allocate the
ACT between the incidental and IFQ
fisheries using the 5- and 95-percent
split. Sector-specific assumed discards
are then deducted to establish sectorspecific TALs. The IFQ TAL is then
allocated to the individual IFQ
shareholders.
Updated Specifications
On November 7, 2017, we published
a final rule (82 FR 51578) setting
specifications for the 2018 commercial
golden tilefish fishery and announcing
projected specifications for the 2019 and
2020 fishing years. As discussed in that
10805
rule, the specifications were based on
the regulations that were effective at the
time but were anticipated to be revised
if Framework 2 was fully implemented.
Table 1 shows the 2018 golden tilefish
specifications as implemented by the
November 7, 2017, rule and new
specification values that result from this
rule. When this rule becomes effective,
we will adjust each IFQ allocation based
on the new higher IFQ TAL. Table 2
shows updated projected specifications
for the 2019 and 2020 fishing years.
TABLE 1—CHANGES TO 2018 GOLDEN TILEFISH SPECIFICATIONS AS A RESULT OF THIS ACTION
As implemented
million lb
Overfishing Limit ..............................................................................................
ABC ..................................................................................................................
ACL ..................................................................................................................
IFQ ACT ...........................................................................................................
Incidental ACT .................................................................................................
TAL ..................................................................................................................
IFQ TAL ...........................................................................................................
Incidental TAL ..................................................................................................
Framework 2
mt
2.332
1.636
1.636
NA
NA
1.627
1.546
0.081
million lb
1,058
742
742
NA
NA
738
701
37
mt
2.332
1.636
1.636
1.554
0.082
NA
1.554
0.072
1,058
742
742
705
37
NA
705
33
TABLE 2—UPDATED PROJECTED 2019 AND 2020 GOLDEN TILEFISH SPECIFICATIONS
2019
million lb
Overfishing Limit ..............................................................................................
ABC ..................................................................................................................
ACL ..................................................................................................................
IFQ ACT ...........................................................................................................
Incidental ACT .................................................................................................
IFQ TAL ...........................................................................................................
Incidental TAL ..................................................................................................
Comments and Responses
We received two comments on the
proposed rule. One comment did not
mention or relate to the proposed
measures or fishing in any way and is
not discussed further. The other
commenter supported all of the
proposed measures and stated the
changes would benefit all participants
in the fishery.
Changes From the Proposed Rule
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There are no changes to the measures
from the proposed rule. However, a final
rule published on November 15, 2017
(82 FR 52851), made changes to some of
the same regulatory paragraphs as this
rule. As a result, the regulatory text in
this action reflects the current CFR.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the
Administrator, Greater Atlantic Region,
NMFS, has determined that this final
rule is consistent with the Tilefish FMP,
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mt
2.421
1.636
1.636
1.554
0.082
1.554
0.072
other provisions of the MagnusonStevens Act, and other applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866. Because this
rule is not significant under Executive
Order 12866, this rule is not an
Executive Order 13771 regulatory
action.
Pursuant to 5 U.S.C. 553(d)(1), this
rule is not subject to the 30-day delayed
effectiveness provision of the
Administrative Procedure Act because
the change to 50 CFR 648.7(a)(2)(ii)
relieves the restriction requiring tilefish
IFQ vessels to report each fishing trip
through the IVR system. As explained
above, this reporting requirement is
redundant and no longer used for
monitoring catch. A delay in
effectiveness of this change would
unnecessarily continue this reporting
burden with no benefit to the industry,
the tilefish resource, or the government.
All other aspects of this rule are subject
to a 30-day delay in effectiveness.
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2020
million lb
1,098
742
742
705
37
705
33
2.291
1.636
1.636
1.554
0.082
1.554
0.072
mt
1,039
742
742
705
37
705
33
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification and no information has
arisen leading to a different conclusion.
As a result, a regulatory flexibility
analysis was not required and none was
prepared.
This final rule contains a revision to
a collection-of-information requirement
subject to the Paperwork Reduction Act
(PRA), which has been approved by
OMB under control number 0648–0590.
Public reporting burden for the IVR
reporting requirement is estimated to
average 2 minutes for each IVR
response, including the time for
reviewing instructions, searching
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Federal Register / Vol. 83, No. 49 / Tuesday, March 13, 2018 / Rules and Regulations
existing data sources, gathering and
maintaining the data needed, and
completing and reviewing the collection
of information. This rule removes this
reporting burden. Send comments
regarding these burden estimates or any
other aspect of this data collection,
including suggestions for reducing the
burden, to NMFS (see ADDRESSES) and
by email to OIRA_Submission@
omb.eop.gov, or fax to 202–395–7285.
Notwithstanding any other provision
of the law, no person is required to
respond to, and no person shall be
subject to penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB control number.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: March 7, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is amended
as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
§ 648.7
[Amended]
2. In § 648.7, paragraph (b)(2)(ii) is
removed and reserved.
■ 3. In § 648.14, paragraphs (u)(2)(vi)
and (viii) are revised and paragraph
(u)(2)(ix) is added to read as follows:
■
§ 648.14
§ 648.291
(ACT).
Tilefish Annual Catch Targets
(a) Golden tilefish. The Tilefish
Monitoring Committee shall identify
and review the relevant sources of
management uncertainty to recommend
ACTs for the individual fishing quota
(IFQ) and incidental sectors of the
fishery as part of the golden tilefish
specification process. The Tilefish
Monitoring Committee
recommendations shall identify the
specific sources of management
uncertainty that were considered,
technical approaches to mitigating these
sources of uncertainty, and any
additional relevant information
considered in the ACT recommendation
process.
(1) ACT allocation. (i) The ACT shall
be less than or equal to the ACL.
(ii) The Tilefish Monitoring
Committee shall include the fishing
mortality associated with the
recreational fishery in its ACT
recommendations only if this source of
mortality has not already been
accounted for in the ABC recommended
by the SSC.
(iii) The Tilefish Monitoring
Committee shall allocate 5 percent of
the ACT to the incidental sector of the
fishery and the remaining 95 percent to
the IFQ sector.
*
*
*
*
*
■ 5. In § 648.292, paragraphs (a)(1)
through (a)(4) are revised to read as
follows:
Prohibitions.
*
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not compliant with the gear restrictions
specified at § 648.296.
*
*
*
*
*
■ 4. In § 648.291, paragraph (a)
introductory text and paragraph (a)(1)
are revised to read as follows:
*
*
*
*
(u) * * *
(2) * * *
(vi) Land or possess golden tilefish in
or from the Tilefish Management Unit,
on a vessel issued a valid tilefish permit
under this part, after the incidental
golden tilefish fishery is closed
pursuant to § 648.295(a)(3), unless
fishing under a valid tilefish IFQ
allocation permit as specified in
§ 648.294(a), or engaged in recreational
fishing.
*
*
*
*
*
(viii) Land or possess golden or
blueline tilefish in or from the Tilefish
Management Unit, on a vessel issued a
valid commercial tilefish permit under
this part, that do not have the head and
fins naturally attached to the fish.
(ix) Engage in recreational fishing for
golden tilefish with fishing gear that is
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§ 648.292
Tilefish specifications.
(a) * * *
(1) Annual specification process. The
Tilefish Monitoring Committee shall
review the ABC recommendation of the
SSC, golden tilefish landings and
discards information, and any other
relevant available data to determine if
the golden tilefish ACL, ACT, or total
allowable landings (TAL) for the IFQ
and/or incidental sectors of the fishery
require modification to respond to any
changes to the golden tilefish stock’s
biological reference points or to ensure
any applicable rebuilding schedule is
maintained. The Monitoring Committee
will consider whether any additional
management measures or revisions to
existing measures are necessary to
ensure that the IFQ and/or incidental
TAL will not be exceeded. Based on that
review, the Monitoring Committee will
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recommend golden tilefish ACL, ACTs,
and TALs to the Tilefish Committee of
the MAFMC. Based on these
recommendations and any public
comment received, the Tilefish
Committee shall recommend to the
MAFMC the appropriate golden tilefish
ACL, ACT, TAL, and other management
measures for both the IFQ and the
incidental sectors of the fishery for a
single fishing year or up to 3 years. The
MAFMC shall review these
recommendations and any public
comments received, and recommend to
the Regional Administrator, at least 120
days prior to the beginning of the next
fishing year, the appropriate golden
tilefish ACL, ACT, TAL, the percentage
of TAL allocated to research quota, and
any management measures to ensure
that the TAL will not be exceeded, for
both the IFQ and the incidental sectors
of the fishery, for the next fishing year,
or up to 3 fishing years. The MAFMC’s
recommendations must include
supporting documentation, as
appropriate, concerning the
environmental and economic impacts of
the recommendations. The Regional
Administrator shall review these
recommendations, and after such
review, NMFS will publish a proposed
rule in the Federal Register specifying
the annual golden tilefish ACL, ACT,
TAL, and any management measures to
ensure that the TAL will not be
exceeded for the upcoming fishing year
or years for both the IFQ and the
incidental sectors of the fishery. After
considering public comments, NMFS
will publish a final rule in the Federal
Register to implement the golden
tilefish ACL, ACTs, TALs and any
management measures. The previous
year’s specifications will remain
effective unless revised through the
specification process and/or the
research quota process described in
paragraph (a)(5) of this section. NMFS
will issue notification in the Federal
Register if the previous year’s
specifications will not be changed.
(2) Total Allowable Landings (TAL).
(i) The TALs for both the IFQ and the
incidental sectors of the fishery for each
fishing year will be specified pursuant
to paragraph (a)(1) of this section.
(ii) The sum of the sector-specific
TAL and the estimated sector-specific
discards shall be less than or equal to
the ACT for that sector of the fishery.
(3) TAL allocation. For each fishing
year, up to 3 percent of the incidental
and IFQ TALs may be set aside for the
purpose of funding research. The
remaining IFQ TAL will be allocated to
the individual IFQ permit holders as
described in § 648.294(a).
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(4) Adjustments to the quota. If the
incidental harvest exceeds the
incidental TAL for a given fishing year,
the incidental trip limit specified at
§ 648.295(a)(2) may be reduced in the
following fishing year. If an adjustment
is required, a notification of adjustment
of the quota will be published in the
Federal Register.
*
*
*
*
*
■ 6. In § 648.293, paragraph (a)(1) is
revised to read as follows:
§ 648.293 Tilefish accountability
measures.
(a) * * *
(1) Commercial incidental fishery
closure. See § 648.295(a)(3).
*
*
*
*
*
■ 7. In § 648.294, paragraph (b)(4) is
revised to read as follows:
§ 648.294 Golden tilefish individual fishing
quota (IFQ) program.
amozie on DSK30RV082PROD with RULES
*
*
*
*
*
(b) * * *
(4) IFQ vessel. (i) All Federal vessel
permit numbers listed on the IFQ
allocation permit are authorized to
possess golden tilefish pursuant to the
IFQ allocation permit.
(ii) An IFQ allocation permit holder
who wishes to authorize an additional
vessel(s) to possess golden tilefish
pursuant to the IFQ allocation permit
must send written notification to NMFS.
This notification must include:
(A) The vessel name and permit
number, and
(B) The dates on which the IFQ
allocation permit holder desires the
vessel to be authorized to land golden
tilefish pursuant to the IFQ allocation
permit.
(iii) A vessel listed on the IFQ
allocation permit is authorized to
possess golden tilefish pursuant to the
subject permit, until the end of the
fishing year or until NMFS receives
written notification from the IFQ
allocation permit holder to remove the
vessel.
(iv) A single vessel may not be listed
on more than one IFQ allocation permit
at the same time.
(v) A copy of the IFQ allocation
permit must be carried on board each
vessel so authorized to possess IFQ
golden tilefish.
*
*
*
*
*
■ 8. Amend § 648.295 by:
■ a. Revising the section heading;
■ b. Revising paragraphs (a) and (b)(1);
and
■ c. Adding paragraph (c).
The revisions and addition read as
follows:
VerDate Sep<11>2014
16:26 Mar 12, 2018
Jkt 244001
§ 648.295 Tilefish commercial trip limits
and landing condition.
(a) Golden tilefish—(1) IFQ landings.
Any golden tilefish landed by a vessel
fishing under an IFQ allocation permit
as specified at § 648.294(a), on a given
fishing trip, count as landings under the
IFQ allocation permit.
(2) Incidental trip limit for vessels not
fishing under an IFQ allocation. Any
vessel of the United States fishing under
a tilefish vessel permit, as described at
§ 648.4(a)(12), unless the vessel is
fishing under a tilefish IFQ allocation
permit, is prohibited from possessing
more than:
(i) 500 lb (226.8 kg) of golden tilefish
at any time, or
(ii) 50 percent, by weight, of the total
of all species being landed; whichever is
less.
(3) In-season closure of the incidental
fishery. The Regional Administrator will
monitor the harvest of the golden
tilefish incidental TAL based on dealer
reports and other available information,
and shall determine the date when the
incidental golden tilefish TAL has been
landed. The Regional Administrator
shall publish a notice in the Federal
Register notifying vessel and dealer
permit holders that, effective upon a
specific date, the incidental golden
tilefish fishery is closed for the
remainder of the fishing year.
(b) Blueline tilefish—(1) Commercial
possession limit. Any vessel of the
United States fishing under a tilefish
permit, as described at § 648.4(a)(12), is
prohibited from possessing more than
300 lb (136 kg) of gutted blueline tilefish
per trip in or from the Tilefish
Management Unit.
*
*
*
*
*
(c) Landing condition. Commercial
golden or blueline tilefish must be
landed with head and fins naturally
attached, but may be gutted.
9. In § 648.296, the section heading
and paragraph (a) are revised to read as
follows:
■
§ 648.296 Tilefish recreational possession
limits and gear restrictions.
(a) Golden tilefish. (1) Any person
fishing from a vessel that is not fishing
under a tilefish commercial vessel
permit issued pursuant to § 648.4(a)(12),
may land up to eight golden tilefish per
trip. Anglers fishing onboard a charter/
party vessel shall observe the
recreational possession limit.
(2) Any vessel engaged in recreational
fishing may not retain golden tilefish,
unless exclusively using rod and reel
fishing gear, with a maximum limit of
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
10807
five hooks per rod. Anglers may use
either a manual or an electric reel.
*
*
*
*
*
[FR Doc. 2018–04974 Filed 3–12–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 170816769–8162–02 and
170817779–8161–02]
RIN 0648–XG019
Fisheries of the Exclusive Economic
Zone Off Alaska; Sablefish Managed
Under the Individual Fishing Quota
Program
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; opening.
AGENCY:
NMFS is opening directed
fishing for sablefish with fixed gear
managed under the Individual Fishing
Quota (IFQ) Program and the
Community Development Quota (CDQ)
Program. The season will open 1200
hours, Alaska local time (A.l.t.), March
24, 2018, and will close 1200 hours,
A.l.t., November 7, 2018. This period is
the same as the 2018 commercial
halibut fishery opening dates adopted
by the International Pacific Halibut
Commission. The IFQ and CDQ halibut
season is specified by a separate
publication in the Federal Register of
annual management measures.
DATES: Effective 1200 hours, A.l.t.,
March 24, 2018, until 1200 hours, A.l.t.,
November 7, 2018.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: Beginning
in 1995, fishing for Pacific halibut and
sablefish with fixed gear in the IFQ
regulatory areas defined in 50 CFR 679.2
has been managed under the IFQ
Program. The IFQ Program is a
regulatory regime designed to promote
the conservation and management of
these fisheries and to further the
objectives of the Magnuson-Stevens
Fishery Conservation and Management
Act and the Northern Pacific Halibut
Act. Persons holding quota share receive
an annual allocation of IFQ. Persons
receiving an annual allocation of IFQ
are authorized to harvest IFQ species
within specified limitations. Further
information on the implementation of
the IFQ Program, and the rationale
SUMMARY:
E:\FR\FM\13MRR1.SGM
13MRR1
]]>Agencies
[Federal Register Volume 83, Number 49 (Tuesday, March 13, 2018)]
[Rules and Regulations]
[Pages 10803-10807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04974]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 160229159-8236-02]
RIN 0648-BF85
Fisheries of the Northeastern United States; Framework 2 to the
Tilefish Fishery Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
[[Page 10804]]
SUMMARY: This final rule implements the management measures contained
in Framework Adjustment 2 to the Tilefish Fishery Management Plan and
adjusts the 2018 specifications for this fishery. The Mid-Atlantic
Fishery Management Council developed Framework Adjustment 2 to improve
and simplify the administration of the golden tilefish fishery. These
changes include removing an outdated reporting requirement, proscribing
allowed gear for the recreational fishery, modifying the commercial
incidental possession limit, requiring commercial golden tilefish be
landed with the head and fins attached, and revising how assumed
discards are accounted for when setting harvest limits. Based on new
regulations implemented by this rule, this action updates previously
published specifications for the commercial golden tilefish fishery for
2018 and projected specifications for 2019 and 2020.
DATES: This rule is effective April 12, 2018, except for the amendment
to Sec. 648.7(b)(2)(ii), which is effective March 13, 2018.
ADDRESSES: Copies of Framework 2 and the Environmental Assessment (EA),
with its associated Finding of No Significant Impact (FONSI) and the
Regulatory Impact Review (RIR), are available from the Mid-Atlantic
Fishery Management Council, 800 North State Street, Suite 201, Dover,
DE 19901.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
final rule may be submitted to the Greater Atlantic Regional Fisheries
Office, 55 Great Republic Drive, Gloucester, MA 01930, and by email to
[email protected], or fax to 202-395-7285
FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst,
978-281-9341.
SUPPLEMENTARY INFORMATION:
Background
This action implements Framework Adjustment 2 to the Tilefish
Fishery Management Plan (FMP). The Mid-Atlantic Fishery Management
Council developed this framework to improve and simplify management
measures for the golden tilefish fishery in Federal waters north of the
Virginia/North Carolina border, consistent with the requirements of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). We published a proposed rule for this action on October
23, 2017 (82 FR 48967), with a comment period through November 7, 2017.
See Comments and Responses section for more information.
Framework Adjustment 2 Measures
Interactive Voice Response System (IVR) Reporting Requirement Removal
Commercial fishing vessels that land golden tilefish under the
individual fishing quota (IFQ) system are currently required to report
each trip within 48 hours of landing through our IVR system. The
Council originally created this reporting requirement when the fishery
was managed under three permit categories, each with a sector-specific
annual landing limit. The IVR system provided timely landing reports to
track quota use and allowed managers to close a permit category if the
annual landing cap was reached. When the Council changed the management
of the fishery to an IFQ system, it retained the IVR system to allow
additional monitoring of landings. Improvements in electronic dealer-
reported landings and other data streams have rendered this IVR report
redundant, and the data are no longer used to monitor quotas. This
action eliminates this unnecessary reporting requirement.
Recreational Fishing Gear Limit
In recent years, the Council has received reports of recreational
fishermen using ``mini-longline'' gear with a large number of hooks to
target tilefish. The Council is concerned the use of this gear could
result in increased dead discards of tilefish if fishermen catch more
than the eight-fish per person bag limit using this type of gear. The
Magnuson-Stevens Act list of authorized gear types at 50 CFR 600.75(v)
already restricts the recreational fishery to rod and reel and spear
gear. However, to avoid any potential confusion and clarify the amount
of gear allowed, this action codifies that rod and reel with a maximum
of five hooks per rod is the only authorized recreational tilefish gear
for use in the Mid-Atlantic. Anglers could use either a manual or an
electric reel.
Commercial Golden Tilefish Landing Condition
The commercial tilefish fishery typically lands fish in a head-on,
gutted condition. However, quotas and possession limits are in whole
(round) weight. This requires the fishing industry to use a conversion
factor to change landed weight to whole weight to comply with
incidental possession limits and IFQ allocations. This action requires
commercially-caught golden tilefish to be landed with the head and fins
attached, although they could be gutted. By requiring this, we can more
reliably specify and monitor landing limits and quotas in landed
weight, eliminating the need to use a conversion factor. This will
simplify catch accounting and improve compliance for individuals
participating in the commercial tilefish fishery.
Commercial Golden Tilefish Possession Limit
When the Council created the tilefish IFQ system, it allocated a
separate quota and commercial possession limit of 500 lb (227 kg) to
allow small landings of tilefish caught by non-IFQ vessels targeting
other species. In recent years, there have been increasing reports of
non-IFQ vessels specifically targeting golden tilefish to land the
maximum commercial incidental possession limit. In an effort to ensure
that the incidental fishery functions as originally intended, this
action modifies the commercial possession limit to ensure that vessels
are targeting other species, and only incidentally catching golden
tilefish. This action adjusts the commercial golden tilefish landing
limit to: 500 lb (227 kg) or 50 percent, by weight, of all fish,
including the golden tilefish, on board the vessel, whichever is less.
Individual Fishing Quota Authorized Vessels
Tilefish IFQ allocation holders may authorize one or more vessels
to land tilefish under their allocation. All golden tilefish landed by
those vessels are then deducted from that allocation. We do not
currently have a mechanism for a vessel to attribute golden tilefish
landings from a single trip to more than one IFQ allocation. To create
such a system would increase reporting burden on vessels and dealers,
and add complexity to the IFQ accounting and cost recovery systems. In
order to maintain simple and efficient administration of the IFQ
fishery, this action prohibits a vessel from being authorized to land
tilefish under multiple IFQ allocations on the same trip. A vessel
could still change IFQ allocations over the course of the year while
only being authorized by one IFQ allocation at a time. In addition, IFQ
allocation holders can lease quota to maintain flexibility in
harvesting their allocation.
Assumed Discards in Quota-Setting Process
The current specification process sets the annual catch limit (ACL)
equal to the acceptable biological catch (ABC). The ACL is adjusted to
address any management uncertainty to set an annual catch target (ACT),
then assumed discards of golden tilefish are deducted from the ACT to
generate the total
[[Page 10805]]
allowable landings (TAL). The incidental fishery is then allocated 5
percent of the TAL, and the remaining 95 percent of the TAL is divided
among the IFQ shareholders based on their individual quota holdings.
However, discarding golden tilefish is prohibited in the IFQ fishery.
As a result, observed discards occur almost entirely in the incidental
fishery. This action adjusts the specification process to allocate the
ACT between the incidental and IFQ fisheries using the 5- and 95-
percent split. Sector-specific assumed discards are then deducted to
establish sector-specific TALs. The IFQ TAL is then allocated to the
individual IFQ shareholders.
Updated Specifications
On November 7, 2017, we published a final rule (82 FR 51578)
setting specifications for the 2018 commercial golden tilefish fishery
and announcing projected specifications for the 2019 and 2020 fishing
years. As discussed in that rule, the specifications were based on the
regulations that were effective at the time but were anticipated to be
revised if Framework 2 was fully implemented. Table 1 shows the 2018
golden tilefish specifications as implemented by the November 7, 2017,
rule and new specification values that result from this rule. When this
rule becomes effective, we will adjust each IFQ allocation based on the
new higher IFQ TAL. Table 2 shows updated projected specifications for
the 2019 and 2020 fishing years.
Table 1--Changes to 2018 Golden Tilefish Specifications as a Result of This Action
----------------------------------------------------------------------------------------------------------------
As implemented Framework 2
---------------------------------------------------------------
million lb mt million lb mt
----------------------------------------------------------------------------------------------------------------
Overfishing Limit............................... 2.332 1,058 2.332 1,058
ABC............................................. 1.636 742 1.636 742
ACL............................................. 1.636 742 1.636 742
IFQ ACT......................................... NA NA 1.554 705
Incidental ACT.................................. NA NA 0.082 37
TAL............................................. 1.627 738 NA NA
IFQ TAL......................................... 1.546 701 1.554 705
Incidental TAL.................................. 0.081 37 0.072 33
----------------------------------------------------------------------------------------------------------------
Table 2--Updated Projected 2019 and 2020 Golden Tilefish Specifications
----------------------------------------------------------------------------------------------------------------
2019 2020
---------------------------------------------------------------
million lb mt million lb mt
----------------------------------------------------------------------------------------------------------------
Overfishing Limit............................... 2.421 1,098 2.291 1,039
ABC............................................. 1.636 742 1.636 742
ACL............................................. 1.636 742 1.636 742
IFQ ACT......................................... 1.554 705 1.554 705
Incidental ACT.................................. 0.082 37 0.082 37
IFQ TAL......................................... 1.554 705 1.554 705
Incidental TAL.................................. 0.072 33 0.072 33
----------------------------------------------------------------------------------------------------------------
Comments and Responses
We received two comments on the proposed rule. One comment did not
mention or relate to the proposed measures or fishing in any way and is
not discussed further. The other commenter supported all of the
proposed measures and stated the changes would benefit all participants
in the fishery.
Changes From the Proposed Rule
There are no changes to the measures from the proposed rule.
However, a final rule published on November 15, 2017 (82 FR 52851),
made changes to some of the same regulatory paragraphs as this rule. As
a result, the regulatory text in this action reflects the current CFR.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
Administrator, Greater Atlantic Region, NMFS, has determined that this
final rule is consistent with the Tilefish FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866. Because this rule is not significant
under Executive Order 12866, this rule is not an Executive Order 13771
regulatory action.
Pursuant to 5 U.S.C. 553(d)(1), this rule is not subject to the 30-
day delayed effectiveness provision of the Administrative Procedure Act
because the change to 50 CFR 648.7(a)(2)(ii) relieves the restriction
requiring tilefish IFQ vessels to report each fishing trip through the
IVR system. As explained above, this reporting requirement is redundant
and no longer used for monitoring catch. A delay in effectiveness of
this change would unnecessarily continue this reporting burden with no
benefit to the industry, the tilefish resource, or the government. All
other aspects of this rule are subject to a 30-day delay in
effectiveness.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification and no information has arisen leading to a
different conclusion. As a result, a regulatory flexibility analysis
was not required and none was prepared.
This final rule contains a revision to a collection-of-information
requirement subject to the Paperwork Reduction Act (PRA), which has
been approved by OMB under control number 0648-0590. Public reporting
burden for the IVR reporting requirement is estimated to average 2
minutes for each IVR response, including the time for reviewing
instructions, searching
[[Page 10806]]
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. This rule
removes this reporting burden. Send comments regarding these burden
estimates or any other aspect of this data collection, including
suggestions for reducing the burden, to NMFS (see ADDRESSES) and by
email to [email protected], or fax to 202-395-7285.
Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall be subject to penalty for
failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB control number.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: March 7, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is amended
as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
Sec. 648.7 [Amended]
0
2. In Sec. 648.7, paragraph (b)(2)(ii) is removed and reserved.
0
3. In Sec. 648.14, paragraphs (u)(2)(vi) and (viii) are revised and
paragraph (u)(2)(ix) is added to read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(u) * * *
(2) * * *
(vi) Land or possess golden tilefish in or from the Tilefish
Management Unit, on a vessel issued a valid tilefish permit under this
part, after the incidental golden tilefish fishery is closed pursuant
to Sec. 648.295(a)(3), unless fishing under a valid tilefish IFQ
allocation permit as specified in Sec. 648.294(a), or engaged in
recreational fishing.
* * * * *
(viii) Land or possess golden or blueline tilefish in or from the
Tilefish Management Unit, on a vessel issued a valid commercial
tilefish permit under this part, that do not have the head and fins
naturally attached to the fish.
(ix) Engage in recreational fishing for golden tilefish with
fishing gear that is not compliant with the gear restrictions specified
at Sec. 648.296.
* * * * *
0
4. In Sec. 648.291, paragraph (a) introductory text and paragraph
(a)(1) are revised to read as follows:
Sec. 648.291 Tilefish Annual Catch Targets (ACT).
(a) Golden tilefish. The Tilefish Monitoring Committee shall
identify and review the relevant sources of management uncertainty to
recommend ACTs for the individual fishing quota (IFQ) and incidental
sectors of the fishery as part of the golden tilefish specification
process. The Tilefish Monitoring Committee recommendations shall
identify the specific sources of management uncertainty that were
considered, technical approaches to mitigating these sources of
uncertainty, and any additional relevant information considered in the
ACT recommendation process.
(1) ACT allocation. (i) The ACT shall be less than or equal to the
ACL.
(ii) The Tilefish Monitoring Committee shall include the fishing
mortality associated with the recreational fishery in its ACT
recommendations only if this source of mortality has not already been
accounted for in the ABC recommended by the SSC.
(iii) The Tilefish Monitoring Committee shall allocate 5 percent of
the ACT to the incidental sector of the fishery and the remaining 95
percent to the IFQ sector.
* * * * *
0
5. In Sec. 648.292, paragraphs (a)(1) through (a)(4) are revised to
read as follows:
Sec. 648.292 Tilefish specifications.
(a) * * *
(1) Annual specification process. The Tilefish Monitoring Committee
shall review the ABC recommendation of the SSC, golden tilefish
landings and discards information, and any other relevant available
data to determine if the golden tilefish ACL, ACT, or total allowable
landings (TAL) for the IFQ and/or incidental sectors of the fishery
require modification to respond to any changes to the golden tilefish
stock's biological reference points or to ensure any applicable
rebuilding schedule is maintained. The Monitoring Committee will
consider whether any additional management measures or revisions to
existing measures are necessary to ensure that the IFQ and/or
incidental TAL will not be exceeded. Based on that review, the
Monitoring Committee will recommend golden tilefish ACL, ACTs, and TALs
to the Tilefish Committee of the MAFMC. Based on these recommendations
and any public comment received, the Tilefish Committee shall recommend
to the MAFMC the appropriate golden tilefish ACL, ACT, TAL, and other
management measures for both the IFQ and the incidental sectors of the
fishery for a single fishing year or up to 3 years. The MAFMC shall
review these recommendations and any public comments received, and
recommend to the Regional Administrator, at least 120 days prior to the
beginning of the next fishing year, the appropriate golden tilefish
ACL, ACT, TAL, the percentage of TAL allocated to research quota, and
any management measures to ensure that the TAL will not be exceeded,
for both the IFQ and the incidental sectors of the fishery, for the
next fishing year, or up to 3 fishing years. The MAFMC's
recommendations must include supporting documentation, as appropriate,
concerning the environmental and economic impacts of the
recommendations. The Regional Administrator shall review these
recommendations, and after such review, NMFS will publish a proposed
rule in the Federal Register specifying the annual golden tilefish ACL,
ACT, TAL, and any management measures to ensure that the TAL will not
be exceeded for the upcoming fishing year or years for both the IFQ and
the incidental sectors of the fishery. After considering public
comments, NMFS will publish a final rule in the Federal Register to
implement the golden tilefish ACL, ACTs, TALs and any management
measures. The previous year's specifications will remain effective
unless revised through the specification process and/or the research
quota process described in paragraph (a)(5) of this section. NMFS will
issue notification in the Federal Register if the previous year's
specifications will not be changed.
(2) Total Allowable Landings (TAL). (i) The TALs for both the IFQ
and the incidental sectors of the fishery for each fishing year will be
specified pursuant to paragraph (a)(1) of this section.
(ii) The sum of the sector-specific TAL and the estimated sector-
specific discards shall be less than or equal to the ACT for that
sector of the fishery.
(3) TAL allocation. For each fishing year, up to 3 percent of the
incidental and IFQ TALs may be set aside for the purpose of funding
research. The remaining IFQ TAL will be allocated to the individual IFQ
permit holders as described in Sec. 648.294(a).
[[Page 10807]]
(4) Adjustments to the quota. If the incidental harvest exceeds the
incidental TAL for a given fishing year, the incidental trip limit
specified at Sec. 648.295(a)(2) may be reduced in the following
fishing year. If an adjustment is required, a notification of
adjustment of the quota will be published in the Federal Register.
* * * * *
0
6. In Sec. 648.293, paragraph (a)(1) is revised to read as follows:
Sec. 648.293 Tilefish accountability measures.
(a) * * *
(1) Commercial incidental fishery closure. See Sec. 648.295(a)(3).
* * * * *
0
7. In Sec. 648.294, paragraph (b)(4) is revised to read as follows:
Sec. 648.294 Golden tilefish individual fishing quota (IFQ) program.
* * * * *
(b) * * *
(4) IFQ vessel. (i) All Federal vessel permit numbers listed on the
IFQ allocation permit are authorized to possess golden tilefish
pursuant to the IFQ allocation permit.
(ii) An IFQ allocation permit holder who wishes to authorize an
additional vessel(s) to possess golden tilefish pursuant to the IFQ
allocation permit must send written notification to NMFS. This
notification must include:
(A) The vessel name and permit number, and
(B) The dates on which the IFQ allocation permit holder desires the
vessel to be authorized to land golden tilefish pursuant to the IFQ
allocation permit.
(iii) A vessel listed on the IFQ allocation permit is authorized to
possess golden tilefish pursuant to the subject permit, until the end
of the fishing year or until NMFS receives written notification from
the IFQ allocation permit holder to remove the vessel.
(iv) A single vessel may not be listed on more than one IFQ
allocation permit at the same time.
(v) A copy of the IFQ allocation permit must be carried on board
each vessel so authorized to possess IFQ golden tilefish.
* * * * *
0
8. Amend Sec. 648.295 by:
0
a. Revising the section heading;
0
b. Revising paragraphs (a) and (b)(1); and
0
c. Adding paragraph (c).
The revisions and addition read as follows:
Sec. 648.295 Tilefish commercial trip limits and landing condition.
(a) Golden tilefish--(1) IFQ landings. Any golden tilefish landed
by a vessel fishing under an IFQ allocation permit as specified at
Sec. 648.294(a), on a given fishing trip, count as landings under the
IFQ allocation permit.
(2) Incidental trip limit for vessels not fishing under an IFQ
allocation. Any vessel of the United States fishing under a tilefish
vessel permit, as described at Sec. 648.4(a)(12), unless the vessel is
fishing under a tilefish IFQ allocation permit, is prohibited from
possessing more than:
(i) 500 lb (226.8 kg) of golden tilefish at any time, or
(ii) 50 percent, by weight, of the total of all species being
landed; whichever is less.
(3) In-season closure of the incidental fishery. The Regional
Administrator will monitor the harvest of the golden tilefish
incidental TAL based on dealer reports and other available information,
and shall determine the date when the incidental golden tilefish TAL
has been landed. The Regional Administrator shall publish a notice in
the Federal Register notifying vessel and dealer permit holders that,
effective upon a specific date, the incidental golden tilefish fishery
is closed for the remainder of the fishing year.
(b) Blueline tilefish--(1) Commercial possession limit. Any vessel
of the United States fishing under a tilefish permit, as described at
Sec. 648.4(a)(12), is prohibited from possessing more than 300 lb (136
kg) of gutted blueline tilefish per trip in or from the Tilefish
Management Unit.
* * * * *
(c) Landing condition. Commercial golden or blueline tilefish must
be landed with head and fins naturally attached, but may be gutted.
0
9. In Sec. 648.296, the section heading and paragraph (a) are revised
to read as follows:
Sec. 648.296 Tilefish recreational possession limits and gear
restrictions.
(a) Golden tilefish. (1) Any person fishing from a vessel that is
not fishing under a tilefish commercial vessel permit issued pursuant
to Sec. 648.4(a)(12), may land up to eight golden tilefish per trip.
Anglers fishing onboard a charter/party vessel shall observe the
recreational possession limit.
(2) Any vessel engaged in recreational fishing may not retain
golden tilefish, unless exclusively using rod and reel fishing gear,
with a maximum limit of five hooks per rod. Anglers may use either a
manual or an electric reel.
* * * * *
[FR Doc. 2018-04974 Filed 3-12-18; 8:45 am]
BILLING CODE 3510-22-P
