42266 Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Proposed Rules 

2Service Rules for 698–746, 747–762, and 777– 

792 MHz Bands et al., Report and Order and 

Further Notice of Proposed Rulemaking, 22 FCC 

Rcd 8064, 8212 (2007) (700 MHz Further Notice). 

3 700 MHz Second Report and Order, 22 FCC Rcd 

at 15542. 

Notice 2 and a Final Regulatory 

Flexibility Analysis (FRFA) in 

connection with the 700 MHz Second 

Report and Order.3 While no 

commenter directly responded to the 

IRFA, the FRFA addressed concerns 

about the impact on small business of 

the KWYS rules. The IRFA and FRFA 

set forth the need for and objectives of 

the Commission’s rules for the KWYS 

rules; the legal basis for those rules, a 

description and estimate of the number 

of small entities to which the rules 

apply; a description of projected 

reporting, recordkeeping, and other 

compliance requirements for small 

entities; steps taken to minimize the 

significant economic impact on small 

entities and significant alternatives 

considered; and a statement that there 

are no federal rules that may duplicate, 

overlap, or conflict with the rules. The 

proposals in this document do not 

change any of those descriptions. 

This document does, however, detail 

proposed procedures for implementing 

those rules. Therefore, this document 

seeks comment on how the proposals in 

this document could affect either the 

IRFA or the FRFA. Such comments 

must be filed in accordance with the 

same filing deadlines for responses to 

this document and have a separate and 

distinct heading designating them as 

responses to the IRFA and FRFA. 

Initial Paperwork Reduction Act 

Analysis 

The document contains proposed new 

information collection requirements. 

The Commission, as part of its 

continuing effort to reduce paperwork 

burdens, invites the general public and 

OMB to comment on the information 

collection requirements contained in 

this document, as required by PRA. In 

addition, pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4), the Commission seeks 

specific comment on how it might 

‘‘further reduce the information 

collection burden for small business 

concerns with fewer than 25 

employees.’’ 

Federal Communications Commission. 

Nese Guendelsberger, 

Senior Deputy Bureau Chief, Wireless 

Telecommunications Bureau. 

[FR Doc. 2017–18987 Filed 9–6–17; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 170717675–7675–01] 

RIN 0648–XF571 

Fisheries of the Northeastern United 

States; Golden Tilefish Fishery; 2018 

and Projected 2019–2020 

Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes specifications 

for the 2018 commercial golden tilefish 

fishery and projected specifications for 

2019 and 2020. The proposed action is 

intended to establish allowable harvest 

levels and other management measures 

to prevent overfishing while allowing 

optimum yield, consistent with the 

Magnuson-Stevens Fishery 

Conservation and Management Act and 

the Tilefish Fishery Management Plan. 

It is also intended to inform the public 

of these proposed specifications for the 

2018 fishing year and projected 

specifications for 2019–2020. 

DATES: Comments must be received by 

5 p.m. local time, on September 22, 

2017. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2017–0091, by either of the 

following methods: 

ELECTRONIC SUBMISSION: Submit 

all electronic public comments via the 

Federal e-Rulemaking Portal. 

1. Go to www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2017- 

0091, 

2. Click the ‘‘Comment Now!’’ icon, 

complete the required fields. 

3. Enter or attach your comments. 

- OR - 

MAIL: Submit written comments to 

John Bullard, Regional Administrator, 

National Marine Fisheries Service, 55 

Great Republic Drive, Gloucester, MA 

01930. Mark the outside of the 

envelope: ‘‘Comments on the Proposed 

Rule for Golden Tilefish 

Specifications.’’ 

INSTRUCTIONS: Comments sent by 

any other method, to any other address 

or individual, or received after the end 

of the comment period, may not be 

considered by NMFS. All comments 

received are part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

A draft environmental assessment 

(EA) has been prepared for this action 

that describes the proposed measures 

and other considered alternatives, as 

well as provides an analysis of the 

impacts of the proposed measures and 

alternatives. Copies of the specifications 

document, including the EA and the 

Initial Regulatory Flexibility Analysis 

(IRFA), are available on request from Dr. 

Christopher M. Moore, Executive 

Director, Mid-Atlantic Fishery 

Management Council, Suite 201, 800 

North State Street, Dover, DE 19901. 

These documents are also accessible via 

the Internet at http://www.mafmc.org. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Hanson, Fishery Management 

Specialist, (978) 281–9180. 

SUPPLEMENTARY INFORMATION: 

Background 

The golden tilefish fishery is managed 

by the Mid-Atlantic Fishery 

Management Council 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), 

annual catch limit (ACL), annual catch 

target (ACT), total allowable landings 

(TAL), and other management measures, 

for up to three years at a time. The 

directed fishery is managed under an 

individual fishing quota (IFQ) program, 

with small amounts of non-IFQ catch 

allowed under an incidental permit. The 

Council’s Scientific and Statistical 

Committee (SSC) provides an ABC 

recommendation to the Council to 

derive these catch limits. The Council 

makes recommendations to NMFS that 

cannot exceed the recommendation of 

its SSC. The Council’s 

recommendations must include 

supporting documentation concerning 

the environmental, economic, and social 

impacts of the recommendations. We 

are responsible for reviewing these 

recommendations to ensure that they 

achieve the FMP objectives and are 

consistent with all applicable laws, and 

may modify them if they do not. 

Following review, NMFS publishes the 

final specifications in the Federal 

Register. 


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Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Proposed Rules 42267 

In January 2014, the 58th Northeast 

Stock Assessment Workshop (SAW) 

declared the golden tilefish stock rebuilt 

and concluded that overfishing is not 

occurring. A stock assessment update 

with data through 2016 is currently in 

development, but the 58th SAW is still 

the most up to date and best available 

science for the Council to use in its 

decision-making on these golden tilefish 

specifications. Based on this report, and 

the ABC recommendations made by the 

Council’s SSC, the Council took final 

action April 2017 on 2018–2020 quota 

specifications for the golden tilefish 

fishery, and submitted its recommended 

specifications to us on July 5, 2017. A 

summary of the Council’s recommended 

specifications is shown below in Table 

1. 

Proposed Specifications 

The Council’s recommendations are 

consistent with the SSC’s recommended 

ABCs, and represent a reduction in ABC 

and overall commercial quota from 2017 

to ensure overfishing does not occur. 

The proposed IFQ quota of 1,554,038 lb 

(705 mt) is a 13-percent reduction from 

2017, and the incidental quota of 72,397 

lb (33 mt) is a 23-percent reduction. The 

proposed incidental sector typically 

lands less than half of its allocated 

quota each year, so this larger reduction 

is unlikely to have a significant impact. 

As golden tilefish are not overfished or 

experiencing overfishing, the reduction 

in the quotas is a result of the SSC 

applying the Council’s risk policy to the 

most recent assessment outputs to 

derive its ABC recommendation. 

TABLE 1—SUMMARY OF RECOMMENDED GOLDEN TILEFISH SPECIFICATIONS

2018 2019 2020 

million lb mt million lb mt million lb mt 

Overfishing Limit ...................................... 2.332 1,058 2.421 1,098 2.291 1,039 

ABC .......................................................... 1.636 742 1.636 742 1.636 742 

ACL .......................................................... 1.636 742 1.636 742 1.636 742 

IFQ ACT ................................................... 1.554 705 1.554 705 1.554 705 

Incidental ACT ......................................... 0.082 37 0.082 37 0.082 37 

IFQ TAL ................................................... 1.554 705 1.554 705 1.554 705 

Incidental TAL .......................................... 0.072 33 0.072 33 0.072 33 

IFQ Quota ................................................ 1.554 705 1.554 705 1.554 705 

Incidental Quota ....................................... 0.072 33 0.072 33 0.072 33 

As in recent years, the Council 

recommended ABC=ACL=ACT. The 

TAL is derived by deducting anticipated 

discards of tilefish from the ACT. Under 

the FMP, 95 percent of the TAL is 

allocated for the IFQ fishery, and the 

remaining 5 percent is allocated for the 

incidental fishery. Prior to 2018, ACTs 

and TALs were specified at the overall 

commercial level, with the IFQ fishery 

and incidental fishery combined. 

Framework Adjustment 2 to the Tilefish 

FMP is being developed concurrently 

with these specifications, and modifies 

this system to allow discards to be 

deducted from the specific component 

of the commercial sector (IFQ fishery or 

incidental fishery) where they were 

generated. The Council made 

recommendations based on the new 

process being developed under 

Framework 2, so that IFQ and incidental 

specific category discards are used, 

allowing for more specific adjustments 

to the commercial sector. This also 

divides the ACT and TAL between IFQ 

and incidental categories within the 

specifications. Framework 2 is still in 

development, and a proposed rule 

outlining the new measures is expected 

soon. Because Framework 2 will be 

implemented before this action is 

finalized, we are proposing to use the 

Framework 2 measures for the 2018– 

2020 specifications. 

The golden tilefish industry strongly 

supports consistency in annual harvest 

quotas, and has operated under a 

constant landings strategy since 2001. 

Continuing this strategy, the Council 

opted to recommend the same quota for 

the 2018–2020 period, with the 

understanding that the specifications 

will be reviewed on an annual basis. We 

are proposing the 2018 specifications 

along with the projected specifications 

for 2019 and 2020 so that the public is 

aware of the likely values for those 

years. We will publish a notice in the 

Federal Register prior to each fishing 

year to confirm or announce any 

necessary changes to the specifications 

for 2019 and 2020. The Council did not 

recommend changes to other regulations 

for this fishery. We propose, based on 

this recommendation, that all other 

management measures in the golden 

tilefish fishery will remain unchanged 

for the 2018–2020 fishing years. The 

incidental trip limit will stay 500 lb 

(226.8 kg) (live weight), and the 

recreational catch limit will remain 

eight fish per angler per trip. Annual 

IFQ allocations will be issued to 

individual quota shareholders in midOctober, ahead of the November 1 start 

of the fishing year. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson Stevens Fishery Conservation 

and Management Act (MagnusonStevens Act), the NMFS Assistant 

Administrator has determined that this 

proposed rule is consistent with the 

Tilefish FMP, other provisions of the 

Magnuson-Stevens Act, and other 

applicable law, subject to further 

consideration after public comment. 

This proposed rule is exempt from the 

procedures of E.O. 12866 because this 

action contains no implementing 

regulations. 

The Council prepared a draft EA for 

this action that analyzes the impacts of 

this proposed rule. The EA includes an 

initial regulatory flexibility analysis 

(IRFA), as required by section 603 of the 

Regulatory Flexibility Act (RFA), which 

is supplemented by information 

contained in the preamble of this 

proposed rule. The IRFA was prepared 

to further evaluate the economic 

impacts of the various alternatives 

presented in this document on small 

business entities. A description of the 

specifications, why they are being 

considered, and the legal basis for this 

action are contained at the beginning of 

this section and in the preamble to this 

proposed rule. A copy of the detailed 

RFA analysis is available from the 

Council (see ADDRESSES). A summary of 

the 2018–2020 golden tilefish 

specifications RFA analysis follows. 

Description of the Reasons Why Action 

Is Being Considered 

This action proposes management 

measures, including annual catch limits 

and commercial quotas, for the 2018– 

2020 golden tilefish fishery. The 

measures are consistent with the best 

scientific information available and the 


pmangrum on DSK3GDR082PROD with PROPOSALS
42268 Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Proposed Rules 

most recent catch limit 

recommendations of the Council’s SSC 

to prevent overfishing and achieve 

optimum yield in the fishery. The 

golden tilefish fishery successfully 

functions under an IFQ management 

program, which provides substantial 

benefits to fishery participants, and 

requires the annual specification of 

quotas. Another critical function of this 

action is to prevent overfishing and 

obtain the optimal yield, as mentioned 

earlier. 

Statement of the Objectives of, and 

Legal Basis for, This Proposed Rule 

This action is taken under the 

authority of the Magnuson-Stevens Act 

and regulations at 50 CFR part 648. A 

complete description of the action, why 

it is being considered, and the legal 

basis for this action are contained in the 

specifications document, and elsewhere 

in the preamble to this proposed rule, 

and are not repeated here. 

Description and Estimate of the Number 

of Small Entities to Which This 

Proposed Rule Would Apply 

This proposed rule affects small 

entities engaged in commercial fishing 

operations with Federal tilefish permits. 

For the purposes of the RFA analysis, 

the ownership entities (or firms), not the 

individual vessels, are considered to be 

the regulated entities. Ownership 

entities are defined as those entities or 

firms with common ownership 

personnel as listed on the permit 

application. Because of this, some 

vessels with golden tilefish permits may 

be considered to be part of the same 

firm because they may have the same 

owners. To identify these small and 

large firms, vessel ownership data from 

the permit database were grouped 

according to common owners and sorted 

by size. In terms of RFA, a business 

primarily engaged in commercial fishing 

is classified as a small business if it has 

combined annual receipts not in excess 

of $11 million, for all its affiliated 

operations worldwide. The current 

ownership data set used for this analysis 

is based on calendar year 2016 (the most 

recent complete year available) and 

contains average gross sales associated 

with those permits for calendar years 

2014 through 2016. According to the 

commercial ownership database, 148 

affiliate firms landed golden tilefish 

during the 2014–2016 period, with 145 

of those business affiliates categorized 

as small business and three categorized 

as large business. 

Description of the Projected Reporting, 

Record-Keeping, and Other Compliance 

Requirements of This Proposed Rule 

There are no new reporting or 

recordkeeping requirements contained 

in any of the alternatives considered for 

this action. 

Federal Rules Which May Duplicate, 

Overlap, or Conflict With This Proposed 

Rule 

NMFS is not aware of any relevant 

Federal rules that may duplicate, 

overlap, or conflict with this proposed 

rule. 

Description of Significant Alternatives 

to the Proposed Action Which 

Accomplish the Stated Objectives of 

Applicable Statutes and Which 

Minimize Any Significant Economic 

Impact on Small Entities 

This action proposes to set a 

commercial golden tilefish quota of 

1.626 million lb (738 mt)—1.554 million 

lb (705 mt) of IFQ, 72,397 lb (33 mt) of 

incidental—for 2018–2020. Under this 

preferred alternative (Alternative 1), it is 

expected that the overall revenue 

reduction would be less than one 

percent for the approximately 145 small 

entities impacted by the decrease in 

golden tilefish quota when compared to 

average revenues generated during the 

2014–2016 period. There is the 

possibility of an increase in the price for 

golden tilefish given the potential 

decrease in landings, which could 

mitigate some of the revenue loss 

associated with lower quotas, but is not 

guaranteed. Industry members have 

indicated that having consistent quota 

levels from year to year is favorable, and 

translates into price and supply stability 

in the fishery. 

There were two alternatives 

(Alternative 2 and Alternative 3) to the 

proposed action (Alternative 1) 

considered by the Council. Alternative 2 

is the status quo alternative, and 

maintains the previous year’s 

commercial quotas of 1.793 million lb 

(813 mt) for the IFQ fishery and 94,357 

lb (43 mt) for the incidental fishery 

(total commercial quota of 1.887 million 

lb or 856 mt). Under this alternative, 

commercial landings and revenues for 

golden tilefish would be expected to be 

the same relative to 2017. 

Alternative 3 would set 2018–2020 

commercial golden tilefish quotas at 

1.505 million lb (683 mt), 1.717 million 

lb (779 mt), and 1.657 million lb (752 

mt), respectively. While they represent 

similar overall quota reductions over the 

three-year period, Alternative 3 is nonpreferred to Alternative 1 because of its 

inconsistency in the annual quotas, 

which could lead to instability in 

pricing and supply in the fishery. 

The Council recommended these 

proposed specifications (Alternative 1) 

over Alternatives 2 and 3 to satisfy the 

Magnuson-Stevens Act requirements to 

ensure fish stocks are not subject to 

overfishing, while allowing quota 

stability, which the tilefish industry 

considers important in order to promote 

stability in price and supply in the 

marketplace. Alternative 2 was not 

recommended by the Council because it 

would exceed the catch level 

recommendations of the Council’s SSC, 

and would be inconsistent with the 

requirements of the Magnuson-Stevens 

Act. Alternative 3 was not selected 

because it would not support the 

consistency of quota/landings from year 

to year that the tilefish industry 

considers important to maintaining 

price and supply stability in this 

fishery. NMFS agrees with the Council’s 

IRFA analysis and rationale for 

recommending these catch limits. As 

such, NMFS is proposing to implement 

the Council’s preferred ABCs, ACLs, 

ACTs, and commercial quotas, as 

presented in Table 1 of this proposed 

rule’s preamble. 

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

Dated: August 31, 2017. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2017–18958 Filed 9–6–17; 8:45 am] 

BILLING CODE 3510–22–P 


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