Fisheries of the Northeastern United States; Mid-Atlantic Golden Tilefish Fishery; Framework Adjustment 7 to Tilefish Fishery Management Plan, 67830-67832 [2022-24540]

Download as PDF 67830 Federal Register / Vol. 87, No. 217 / Thursday, November 10, 2022 / Rules and Regulations Ample prior notice and opportunity for public comment has been provided for the required implementation of this action. The requirement to implement this possession limit was developed by the New England Fishery Management Council using public meetings that invited public comment on the measures when they were developed and considered along with alternatives. Further, the regulations requiring NMFS to implement this possession limit also were subject to public notice and opportunity to comment, when they were first adopted in 2014. Herring fishing industry participants monitor catch closely and anticipate potential possession limit adjustments as catch totals approach Area sub-ACLs. The regulation provides NMFS with no discretion and is designed for implementation as quickly as possible to prevent catch from exceeding limits designed to prevent overfishing while allowing the fishery to achieve optimum yield. The 2022 herring fishing year began on January 1, 2022, and Management Area 1A opened to fishing on July 10, 2022. Data indicating that the herring fleet will have landed at least 92 percent of the 2022 sub-ACL allocated to Area 1A only recently became available. High-volume catch and landings in this fishery can increase total catch relative to the sub-ACL quickly, especially in this fishing year where annual catch limits are unusually low. If implementation of this possession limit adjustment is delayed to solicit prior public comment, the 2022 sub-ACL for Area 1A will likely be exceeded; thereby undermining the conservation objectives of the Herring Fishery Management Plan (FMP). If sub-ACLs are exceeded, the excess must be deducted from a future sub-ACL and would reduce future fishing opportunities. The public expects these actions to occur in a timely way consistent with the FMP’s objectives. For the reasons stated above, NMFS also finds good cause to waive the 30-day delayed effectiveness in accordance with 5 U.S.C. 553(d)(3). Authority: 16 U.S.C. 1801 et seq. Dated: November 7, 2022. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2022–24598 Filed 11–7–22; 4:15 pm] BILLING CODE 3510–22–P Street, Suite 201, Dover, DE 19901. These documents are also accessible via the internet at https://www.mafmc.org. FOR FURTHER INFORMATION CONTACT: Laura Hansen, Fishery Management Specialist, (978) 281–9225. SUPPLEMENTARY INFORMATION: DEPARTMENT OF COMMERCE Background National Oceanic and Atmospheric Administration The Mid-Atlantic Fishery Management Council (Council) manages the golden tilefish fishery under the Tilefish Fishery Management Plan (FMP), which outlines the Council’s process for establishing annual specifications. The FMP requires the Council to recommend acceptable biological catch (ABC), an annual catch limit (ACL), an annual catch target (ACT), total allowable landings (TAL), and other management measures, currently for up to 3 years at a time. The directed commercial fishery is managed under an individual fishing quota (IFQ) program, with small amounts of nonIFQ catch allowed under an incidental permit. Detailed background information regarding the development of the 2022–2024 specifications for this fishery was provided in the proposed rule for this action (87 FR 56393; September 14, 2022), and is not repeated here. 50 CFR Part 648 [Docket No. 221104–0234] RIN 0648–BL55 Fisheries of the Northeastern United States; Mid-Atlantic Golden Tilefish Fishery; Framework Adjustment 7 to Tilefish Fishery Management Plan National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: This rule implements Framework Adjustment 7 to the Tilefish Fishery Management Plan, which includes specifications for the golden tilefish fishery for fishing years 2022– 2024, a change to the annual specifications process, and a change to the start of the golden tilefish fishing year. This action is necessary to establish allowable harvest levels and other management measures to prevent overfishing while allowing optimum yield. This action is intended to ensure measures are based on the best scientific information available and increase flexibility, where possible, for the tilefish fishery. DATES: This rule is effective November 9, 2022. ADDRESSES: Copies of the Environmental Assessment prepared for Tilefish Framework Adjustment 7, and other supporting documents for this action, are available from Dr. Christopher M. Moore, Executive Director, Mid-Atlantic Fishery Management Council, 800 North State SUMMARY: 2022–2024 Fishery Specifications In 2020, the Council set specifications for 2021 and interim specifications for 2022. This action revises the 2022 golden tilefish ABC with a 20-percent increase from the interim 2022 specifications, maintains a constant ABC for 2023, and projects the same ABC for 2024. The 20 percent increase was based on the 2021 management track stock assessment and recommendations from the Scientific and Statistical Committee and Tilefish Monitoring Committee. This action makes no changes to the current recreational bag limit or the commercial/incidental trip limit. NMFS will publish a notice in the Federal Register before the 2024 fishing year notifying the public of the final specifications. lotter on DSK11XQN23PROD with RULES1 TABLE 1—FINAL 2022 AND 2023 AND PROJECTED 2024 SPECIFICATIONS ABC ..................................................................... ACL ..................................................................... IFQ fishery ACT .................................................. Incidental fishery ACT ........................................ IFQ fishery TAL = ACT (no discards permitted in fishery). Incidental fishery TAL = Incidental fishery ACT—discards. Incidental Trip Limit ............................................ VerDate Sep<11>2014 16:26 Nov 09, 2022 Jkt 259001 1,964,319 lb (891 mt). 1,964,319 (891 mt). 1,763,478 (800 mt). 92,815 (42 mt). 1,763,478 lb (800 mt). 75,410 lb (42 mt). 500 lb (226.8 kg) or 50 percent, by weight, of all fish, including golden tilefish, on board the vessel, whichever is less. PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 E:\FR\FM\10NOR1.SGM 10NOR1 Federal Register / Vol. 87, No. 217 / Thursday, November 10, 2022 / Rules and Regulations 67831 TABLE 1—FINAL 2022 AND 2023 AND PROJECTED 2024 SPECIFICATIONS—Continued Recreational Bag Limit ....................................... Multi-Year Specifications This action modifies the annual specifications process, so that multiyear specifications can be set for up to the maximum number of years needed to be consistent with the Northeast Region Coordinating Council-approved stock assessment schedule. Multi-year regulations have been implemented for all fisheries managed by the Council to relieve some of the administrative demands on the Council and NMFS associated with annual specification requirements. Longer-term specifications also provide greater regulatory consistency and predictability to the fishing sectors. This action provides additional flexibility as specifications could be set to cover the time period until a new golden tilefish stock assessment is available. Stock assessments provide critical information for setting specifications and, in the period between assessments, there often is no new information that would lead to changes to annual specifications. The Council will continue its process of reviewing multi-year specifications each year to determine if any modifications are necessary. Fishing Year Timing This action changes the fishing year to match the calendar year and starts on January 1. Changing the fishing year to the calendar year will match the period used in the stock assessments and the cost recovery program for the golden tilefish IFQ fishery. The 2022 fishing year, which started on November 1, 2021, will continue through December 31, 2022. The 2022 fishing year would be a 14-month year and IFQ permit holders will receive additional allocation because of the 20-percent increase to the 2022 ABC. IFQ permit holders would start with a new allocation at the start of the 2023 fishing year on January 1, 2023, based on the revised 2023 ABC. The 2023 fishing year, and all subsequent fishing years, will begin on January 1 and end on December 31. lotter on DSK11XQN23PROD with RULES1 Comments On September 14, 2022, we published a proposed rule (87 FR 56393) requesting comment on the measures in Tilefish Framework Adjustment 7. The comment period was open through September 29, 2022. We received three public comments. One comment was not relevant to this rule. VerDate Sep<11>2014 16:26 Nov 09, 2022 Jkt 259001 8-fish recreational bag-size limit per angler, per trip. Comment 1: One commenter supported the administrative changes, but opposed the increased ABC. The commenter noted that a constant harvest strategy is a better approach and avoids, ‘‘whiplash’’ quotas for the fishery. Response: To account for potential uncertainties in the assessment projections, the Council adopted an Annual Catch Target that is more conservative. This provides stability in the annual specifications and reduce the risk of wide fluctuations in quotas. Maintaining the status quo would have prevented achieving optimum yield based on the most recent assessment information for this stock and would likely have unnecessarily disadvantaged smaller quota shareholders. The small increase implemented in this action balances the need to achieve optimum yield, while still minimizing variability and providing stability for the fishery. Comment 2: One comment opposed the 8-fish recreational bag limit and recommended a lower bag limit of 4–6 fish as tilefish grow slowly and anglers rarely catch the current limit. Response: The Monitoring Committee considered changing the bag limit, but opted not to because recreational landings are not included in the stock assessment model and because we did not change the bag limit when the quota dropped a few years ago. The bag limit is expected to help the fishery achieve the quota, and these measures are expected to maintain catch within the quota. The recreational bag limit also has not changed since it was first implemented by Amendment 1. In the final rule for Amendment 1, 8 fish was selected as the upper range of the mean effort in 1996–2005. Since that time, the mean effort numbers have tended to be in the range of 3–4 fish per angler, which indicates the 8-fish bag limit is not generally achieved and reducing it might not result in increased conservation. In addition, the 8-fish limit is valuable to party/charter owners who are trying to attract patrons for these long-duration trips offshore and the potential to take home 8 fish. Changes From the Proposed Rule The proposed rule inadvertently omitted the amendatory language to update the definition of ‘Fishing Year’ at 50 CFR 648.2 to reflect the corresponding proposed change to the golden tilefish fishing year. This final rule corrects this oversight. There are no other changes from the proposed rule. PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 Classification Pursuant to section 304(b)(3) of the Magnuson Stevens Fishery Conservation and Management Act (MagnusonStevens Act), the NMFS Assistant Administrator (AA) has determined that this final rule is consistent with Framework Adjustment 7 to the Tilefish FMP, There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effective date and make the rule effective upon filing with the Office of the Federal Register. This rule changes the end of the fishing year to December 31 and extends the 2022 fishing year. Making this rule effective upon filing will allow additional time for IFQ permit holders to fully use the additional quota they will receive as a result of increasing their 2022 allocations. For these reasons, NMFS finds that a 30-day delay in effectiveness would be contrary to the public interest. This final rule has been determined to be not significant for purposes of Executive Order 12866. 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. As a result, a regulatory flexibility analysis was not required and none was prepared. This final rule contains no information collection requirements under the Paperwork Reduction Act of 1995. List of Subjects in 50 CFR Part 648 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: November 7, 2022. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, NMFS amends 50 CFR part 648 as follows: E:\FR\FM\10NOR1.SGM 10NOR1 67832 Federal Register / Vol. 87, No. 217 / Thursday, November 10, 2022 / Rules and Regulations 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. 2. In § 648.2, revise the ‘‘Fishing year’’ definition to read as follows: ■ § 648.2 Definitions. * * * * * Fishing year means: (1) For the Atlantic deep-sea red crab fishery, from March 1 through the last day of February of the following year. (2) Beginning in 2018, for the Atlantic sea scallop fishery, from April 1 through March 31 of the following year (for 2017, the Atlantic sea scallop fishing year will be from March 1, 2017, through March 31, 2018). (3) For the NE multispecies, monkfish and skate fisheries, from May 1 through April 30 of the following year. (4) For all other fisheries in this part, from January 1 through December 31. * * * * * ■ 3. In § 648.292, revise paragraph (a) introductory text and paragraph (a)(1) to read as follows: lotter on DSK11XQN23PROD with RULES1 § 648.292 Tilefish specifications. (a) Golden Tilefish. The golden tilefish fishing year is the 12-month period beginning with January 1, annually. (1) Annual specification process. The Tilefish Monitoring Committee shall review the ABC recommendation of the SSC, golden tilefish landings and discards information, and any other relevant available data to determine if the golden tilefish ACL, ACT, or total allowable landings (TAL) 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 the 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 the maximum number of years needed to be VerDate Sep<11>2014 16:26 Nov 09, 2022 Jkt 259001 consistent with the Northeast Regional Coordinating Council-approved stock assessment schedule. 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 the maximum number of fishing years consistent with the Northeast Regional Coordinating Council-approved stock assessment schedule. 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. * * * * * [FR Doc. 2022–24540 Filed 11–9–22; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 220223–0054; RTID 0648– XC322] Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Atka Mackerel in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reallocation. NMFS is reallocating the projected unused amount of the 2022 Atka mackerel incidental catch allowance (ICA) for the Bering Sea subarea and Eastern Aleutian district (BS/EAI) to the Amendment 80 cooperative allocation for the BS/EAI in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2022 total allowable catch of Atka mackerel in the BSAI to be fully harvested. DATES: Effective 12:00 p.m. Alaska local time (A.l.t.), November 7, 2022, through 12:00 a.m., A.l.t., January 1, 2023. FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2022 Atka mackerel ICA for the BS/EAI is 800 metric tons (mt) and the 2022 Atka mackerel total allowable catch allocated to the Amendment 80 cooperative for the BS/EAI is 21,083 mt as established by the final 2022 and 2023 harvest specifications for groundfish in the BSAI (87 FR 11626, March 2, 2022). The Administrator, Alaska Region, NMFS, has determined that 609 mt of the Atka mackerel ICA for the BS/EAI will not be harvested. Therefore, in accordance with § 679.91(f), NMFS reallocates 609 mt of Atka mackerel from the BS/EAI ICA to the BS/EAI Amendment 80 cooperative allocation in the BSAI. In accordance with § 679.91(f), NMFS will reissue cooperative quota permit for the reallocated Atka mackerel following the procedures set forth in § 679.91(f)(3). The harvest specifications for Atka mackerel included in the harvest specifications for groundfish in the BSAI (87 FR 11626, March 2, 2022) are revised as follows: 191 mt of Atka mackerel for the BS/EAI ICA and 21,692 mt of Atka mackerel for the Amendment 80 cooperative allocation for the BS/ EAI. Table 6 is revised and republished in its entirety as follows: SUMMARY: E:\FR\FM\10NOR1.SGM 10NOR1

Agencies

[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Rules and Regulations]
[Pages 67830-67832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24540]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 221104-0234]
RIN 0648-BL55


Fisheries of the Northeastern United States; Mid-Atlantic Golden 
Tilefish Fishery; Framework Adjustment 7 to Tilefish Fishery Management 
Plan

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

ACTION: Final rule.

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

SUMMARY: This rule implements Framework Adjustment 7 to the Tilefish 
Fishery Management Plan, which includes specifications for the golden 
tilefish fishery for fishing years 2022-2024, a change to the annual 
specifications process, and a change to the start of the golden 
tilefish fishing year. This action is necessary to establish allowable 
harvest levels and other management measures to prevent overfishing 
while allowing optimum yield. This action is intended to ensure 
measures are based on the best scientific information available and 
increase flexibility, where possible, for the tilefish fishery.

DATES: This rule is effective November 9, 2022.

ADDRESSES: Copies of the Environmental Assessment prepared for Tilefish 
Framework Adjustment 7, and other supporting documents for this action, 
are available from Dr. Christopher M. Moore, Executive Director, Mid-
Atlantic Fishery Management Council, 800 North State Street, Suite 201, 
Dover, DE 19901. These documents are also accessible via the internet 
at https://www.mafmc.org.

FOR FURTHER INFORMATION CONTACT: Laura Hansen, Fishery Management 
Specialist, (978) 281-9225.

SUPPLEMENTARY INFORMATION:

Background

    The Mid-Atlantic Fishery Management Council (Council) manages the 
golden tilefish fishery under the Tilefish Fishery Management Plan 
(FMP), which outlines the Council's process for establishing annual 
specifications. The FMP requires the Council to recommend acceptable 
biological catch (ABC), an annual catch limit (ACL), an annual catch 
target (ACT), total allowable landings (TAL), and other management 
measures, currently for up to 3 years at a time. The directed 
commercial fishery is managed under an individual fishing quota (IFQ) 
program, with small amounts of non-IFQ catch allowed under an 
incidental permit. Detailed background information regarding the 
development of the 2022-2024 specifications for this fishery was 
provided in the proposed rule for this action (87 FR 56393; September 
14, 2022), and is not repeated here.

2022-2024 Fishery Specifications

    In 2020, the Council set specifications for 2021 and interim 
specifications for 2022. This action revises the 2022 golden tilefish 
ABC with a 20-percent increase from the interim 2022 specifications, 
maintains a constant ABC for 2023, and projects the same ABC for 2024. 
The 20 percent increase was based on the 2021 management track stock 
assessment and recommendations from the Scientific and Statistical 
Committee and Tilefish Monitoring Committee. This action makes no 
changes to the current recreational bag limit or the commercial/
incidental trip limit. NMFS will publish a notice in the Federal 
Register before the 2024 fishing year notifying the public of the final 
specifications.

     Table 1--Final 2022 and 2023 and Projected 2024 Specifications
------------------------------------------------------------------------
 
------------------------------------------------------------------------
ABC..........................  1,964,319 lb (891 mt).
ACL..........................  1,964,319 (891 mt).
IFQ fishery ACT..............  1,763,478 (800 mt).
Incidental fishery ACT.......  92,815 (42 mt).
IFQ fishery TAL = ACT (no      1,763,478 lb (800 mt).
 discards permitted in
 fishery).
Incidental fishery TAL =       75,410 lb (42 mt).
 Incidental fishery ACT--
 discards.
Incidental Trip Limit........  500 lb (226.8 kg) or 50 percent, by
                                weight, of all fish, including golden
                                tilefish, on board the vessel, whichever
                                is less.

[[Page 67831]]

 
Recreational Bag Limit.......  8-fish recreational bag-size limit per
                                angler, per trip.
------------------------------------------------------------------------

Multi-Year Specifications

    This action modifies the annual specifications process, so that 
multi-year specifications can be set for up to the maximum number of 
years needed to be consistent with the Northeast Region Coordinating 
Council-approved stock assessment schedule. Multi-year regulations have 
been implemented for all fisheries managed by the Council to relieve 
some of the administrative demands on the Council and NMFS associated 
with annual specification requirements. Longer-term specifications also 
provide greater regulatory consistency and predictability to the 
fishing sectors. This action provides additional flexibility as 
specifications could be set to cover the time period until a new golden 
tilefish stock assessment is available. Stock assessments provide 
critical information for setting specifications and, in the period 
between assessments, there often is no new information that would lead 
to changes to annual specifications. The Council will continue its 
process of reviewing multi-year specifications each year to determine 
if any modifications are necessary.

Fishing Year Timing

    This action changes the fishing year to match the calendar year and 
starts on January 1. Changing the fishing year to the calendar year 
will match the period used in the stock assessments and the cost 
recovery program for the golden tilefish IFQ fishery. The 2022 fishing 
year, which started on November 1, 2021, will continue through December 
31, 2022. The 2022 fishing year would be a 14-month year and IFQ permit 
holders will receive additional allocation because of the 20-percent 
increase to the 2022 ABC. IFQ permit holders would start with a new 
allocation at the start of the 2023 fishing year on January 1, 2023, 
based on the revised 2023 ABC. The 2023 fishing year, and all 
subsequent fishing years, will begin on January 1 and end on December 
31.

Comments

    On September 14, 2022, we published a proposed rule (87 FR 56393) 
requesting comment on the measures in Tilefish Framework Adjustment 7. 
The comment period was open through September 29, 2022. We received 
three public comments. One comment was not relevant to this rule.
    Comment 1: One commenter supported the administrative changes, but 
opposed the increased ABC. The commenter noted that a constant harvest 
strategy is a better approach and avoids, ``whiplash'' quotas for the 
fishery.
    Response: To account for potential uncertainties in the assessment 
projections, the Council adopted an Annual Catch Target that is more 
conservative. This provides stability in the annual specifications and 
reduce the risk of wide fluctuations in quotas. Maintaining the status 
quo would have prevented achieving optimum yield based on the most 
recent assessment information for this stock and would likely have 
unnecessarily disadvantaged smaller quota shareholders. The small 
increase implemented in this action balances the need to achieve 
optimum yield, while still minimizing variability and providing 
stability for the fishery.
    Comment 2: One comment opposed the 8-fish recreational bag limit 
and recommended a lower bag limit of 4-6 fish as tilefish grow slowly 
and anglers rarely catch the current limit.
    Response: The Monitoring Committee considered changing the bag 
limit, but opted not to because recreational landings are not included 
in the stock assessment model and because we did not change the bag 
limit when the quota dropped a few years ago. The bag limit is expected 
to help the fishery achieve the quota, and these measures are expected 
to maintain catch within the quota. The recreational bag limit also has 
not changed since it was first implemented by Amendment 1. In the final 
rule for Amendment 1, 8 fish was selected as the upper range of the 
mean effort in 1996-2005. Since that time, the mean effort numbers have 
tended to be in the range of 3-4 fish per angler, which indicates the 
8-fish bag limit is not generally achieved and reducing it might not 
result in increased conservation. In addition, the 8-fish limit is 
valuable to party/charter owners who are trying to attract patrons for 
these long-duration trips offshore and the potential to take home 8 
fish.

Changes From the Proposed Rule

    The proposed rule inadvertently omitted the amendatory language to 
update the definition of `Fishing Year' at 50 CFR 648.2 to reflect the 
corresponding proposed change to the golden tilefish fishing year. This 
final rule corrects this oversight. There are no other changes from the 
proposed rule.

Classification

    Pursuant to section 304(b)(3) of the Magnuson Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), the NMFS 
Assistant Administrator (AA) has determined that this final rule is 
consistent with Framework Adjustment 7 to the Tilefish FMP,
    There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day 
delay in effective date and make the rule effective upon filing with 
the Office of the Federal Register. This rule changes the end of the 
fishing year to December 31 and extends the 2022 fishing year. Making 
this rule effective upon filing will allow additional time for IFQ 
permit holders to fully use the additional quota they will receive as a 
result of increasing their 2022 allocations. For these reasons, NMFS 
finds that a 30-day delay in effectiveness would be contrary to the 
public interest.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    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. As a result, a regulatory flexibility 
analysis was not required and none was prepared.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: November 7, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 50 CFR part 
648 as follows:

[[Page 67832]]

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

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


0
2. In Sec.  648.2, revise the ``Fishing year'' definition to read as 
follows:


Sec.  648.2  Definitions.

* * * * *
    Fishing year means:
    (1) For the Atlantic deep-sea red crab fishery, from March 1 
through the last day of February of the following year.
    (2) Beginning in 2018, for the Atlantic sea scallop fishery, from 
April 1 through March 31 of the following year (for 2017, the Atlantic 
sea scallop fishing year will be from March 1, 2017, through March 31, 
2018).
    (3) For the NE multispecies, monkfish and skate fisheries, from May 
1 through April 30 of the following year.
    (4) For all other fisheries in this part, from January 1 through 
December 31.
* * * * *

0
3. In Sec.  648.292, revise paragraph (a) introductory text and 
paragraph (a)(1) to read as follows:


Sec.  648.292  Tilefish specifications.

    (a) Golden Tilefish. The golden tilefish fishing year is the 12-
month period beginning with January 1, annually.
    (1) Annual specification process. The Tilefish Monitoring Committee 
shall review the ABC recommendation of the SSC, golden tilefish 
landings and discards information, and any other relevant available 
data to determine if the golden tilefish ACL, ACT, or total allowable 
landings (TAL) 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 the 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 the maximum 
number of years needed to be consistent with the Northeast Regional 
Coordinating Council-approved stock assessment schedule. 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 the maximum number of fishing years 
consistent with the Northeast Regional Coordinating Council-approved 
stock assessment schedule. 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.
* * * * *
[FR Doc. 2022-24540 Filed 11-9-22; 8:45 am]
BILLING CODE 3510-22-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.