51578 Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Rules and Regulations 

Connecticut, and Rhode Island at 

41°18′16.249′′ N. lat., 71°54′28.477′′ W. 

long. and proceeds southeast to 

37°22′32.75′′ N. lat. and the intersection 

point with the outward boundary of the 

EEZ. The southern boundary of the 

northern zone extends from the North 

Carolina and South Carolina state 

border, along a line extending in a 

direction of 135°34′55′′ from true north 

beginning at 33°51′07.9′′ N. lat., 

78°32′32.6′′ W. long. to the intersection 

point with the outward boundary of the 

EEZ. 

Regulations at 50 CFR 622.388(d)(1)(i) 

require NMFS to close the commercial 

sector for Atlantic Spanish mackerel in 

the northern zone when the commercial 

quota is reached, or is projected to be 

reached, by filing a notification to that 

effect with the Office of the Federal 

Register. NMFS has determined the 

revised commercial quota of 762,670 lb 

(345,941 kg) for Atlantic Spanish 

mackerel in the northern zone will be 

reached by November 7, 2017. 

Accordingly, the commercial sector for 

Atlantic Spanish mackerel in the 

northern zone is closed effective at 

12:01 a.m., local time, November 7, 

2017, through February 28, 2018, the 

end of the current fishing year. 

During the commercial closure, a 

person on board a vessel that has been 

issued a valid Federal permit to harvest 

Atlantic Spanish mackerel may 

continue to retain this species in the 

northern zone under the recreational 

bag and possession limits specified in 

50 CFR 622.382(a)(1)(iii) and (a)(2), as 

long as the recreational sector for 

Atlantic Spanish mackerel is open (50 

CFR 622.384(e)(1)). 

Also during the closure, Atlantic 

Spanish mackerel from the closed zone, 

including those harvested under the bag 

and possession limits, may not be 

purchased or sold. This prohibition 

does not apply to Atlantic Spanish 

mackerel from the closed zone that were 

harvested, landed ashore, and sold prior 

to the closure and were held in cold 

storage by a dealer or processor (50 CFR 

622.384(e)(2)). 

Classification 

The RA for the NMFS Southeast 

Region has determined this temporary 

rule is necessary for the conservation 

and management of Atlantic Spanish 

mackerel and is consistent with the 

Magnuson-Stevens Act and other 

applicable laws. 

This action is taken under 50 CFR 

622.8, 622.384(e), and 622.388(d)(1)(i) 

and is exempt from review under 

Executive Order 12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act, because the temporary rule is 

issued without opportunity for prior 

notice and opportunity for comment. 

This action responds to the best 

scientific information available. The 

Assistant Administrator for NOAA 

Fisheries (AA) finds good cause to 

waive the requirements to provide prior 

notice and opportunity for public 

comment pursuant to the authority set 

forth at 5 U.S.C. 553(b)(B) as such 

procedures are unnecessary and 

contrary to the public interest. Such 

procedures are unnecessary because the 

rule implementing the commercial 

quota and the associated AM has 

already been subject to notice and 

public comment, and all that remains is 

to notify the public of the closure. 

Additionally, allowing prior notice and 

opportunity for public comment is 

contrary to the public interest because 

of the need to immediately implement 

this action to protect the Atlantic 

Spanish mackerel stock, because the 

capacity of the fishing fleet allows for 

rapid harvest of the commercial quota. 

Prior notice and opportunity for public 

comment would require time and could 

potentially result in a harvest well in 

excess of the established commercial 

quota. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

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

Dated: November 2, 2017. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2017–24220 Filed 11–2–17; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 170717675–7999–02] 

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: Final rule. 

SUMMARY: NMFS issues final 

specifications for the 2018 commercial 

golden tilefish fishery and projected 

specifications for 2019 and 2020. This 

action establishes 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 specifications for the 2018 

fishing year and projected specifications 

for 2019–2020. 

DATES: Effective November 2, 2017 

through October 31, 2018. 

ADDRESSES: Copies of these 

specifications, including the 

Environmental Assessment, Regulatory 

Flexibility Act Analyses, and other 

supporting documents for the action, are 

available upon request from Dr. 

Christopher M. Moore, Executive 

Director, Mid-Atlantic Fishery 

Management Council, Suite 201, 800 N. 

State Street, Dover, DE 19901. The 

specifications document is also 

accessible via the Internet at: http://

www.greateratlantic.fisheries.noaa.gov. 

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. 

Regulations implementing the Tilefish 

FMP appear at 50 CFR part 648, 

subparts A and N, which require 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. On September 7, 

2017, NMFS proposed 2018–2020 

specifications for the golden tilefish 

fishery (82 FR 42266) based on Council 

recommendations, and accepted public 

comment through September 22, 2017. 

Additional background information 

regarding the development of these 

specifications was provided in the 

proposed rule and is not repeated here. 

Final Specifications 

This action implements the approved 

ABCs, catch limits, and quota limits for 

the commercial golden tilefish fishery 

for the 2018 fishing year (Table 1), and 

projects specifications for fishing years 

2019 and 2020 (Table 2), as outlined in 

the proposed rule. By providing 

projected quotas for 2019 and 2020, 

NMFS hopes to assist fishery 


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participants in planning ahead. The 

Council will review these specifications 

annually, and NMFS will provide notice 

prior to each fishing year to announce 

any necessary changes for 2019 and 

2020. These specifications are 

approximately 14 percent lower than 

the 2017 ABC and overall commercial 

quota to ensure overfishing does not 

occur. For more information on the 

Council’s recommendations and 

decisionmaking process, please see the 

proposed rule (82 FR 42266). 

As explained in the proposed rule, the 

Mid-Atlantic Council developed these 

specifications in parallel with 

Framework Adjustment 2 to the Tilefish 

FMP. Framework 2 would revise how 

assumed discards are deducted in the 

specifications setting process, and the 

Council developed these specifications 

based on that new method. However, 

implementation of Framework 2 was 

delayed, and a proposed rule to 

implement Framework 2 is pending. 

Because the revision to the specification 

process has not been finalized, this 

action implements the 2018 golden 

tilefish specifications based on current 

regulations. For clarity, we also provide 

details of how the 2018 specifications 

would be changed under the process 

proposed by Framework 2 (Table 1). If 

Framework 2 is implemented as 

proposed, the 2018 specifications would 

be adjusted accordingly during the 

fishing year. This would result in a 

slight decrease in the incidental TAL 

and a slight increase to the IFQ TAL and 

by extension to individual IFQ 

allocations. The proposed 2019 and 

2020 specifications in Table 2 anticipate 

the implementation of Framework 2. 

TABLE 1—2018 GOLDEN TILEFISH SPECIFICATIONS AS IMPLEMENTED BY THIS ACTION, AND POTENTIAL REVISIONS UNDER

TILEFISH FRAMEWORK ADJUSTMENT 2 

As implemented Under 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—PROPOSED 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 

As in previous years, no golden 

tilefish quota has been allocated for 

research set-aside. 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, before the November 1 start of 

the fishing year. 

Comments and Responses 

The public comment period for the 

proposed rule ended on September 22, 

2017. Five comments were received 

from the public on this rule. 

Comment 1: Three commenters wrote 

in support of this action and the 

reduction in quotas. They mentioned 

the importance of preemptive measures 

to preserve fish populations and 

ecosystems from overfishing while 

maintaining sustainable fishing 

practices. 

Response 1: NMFS agrees. It is 

important to use the best available 

science to maintain healthy fish stocks 

and sustainable fishing practices. The 

Council’s risk policy was applied to the 

most recent assessment outputs in the 

development of these specifications 

consistent with National Standard 2 and 

the Magnuson-Stevens Act. This 

resulted in a recommended reduction in 

quota even though golden tilefish are 

not currently overfished or experiencing 

overfishing. 

Comment 2: One commenter 

questioned the necessity of quota 

reductions when overfishing is not 

occurring, and requested more 

information about Tilefish Framework 

Adjustment 2. 

Response 2: As explained in the 

proposed rule and the response to 

Comment 1, catch limits and quotas are 

being reduced a result of the application 

of the Council’s risk policy to the best 

available science to prevent overfishing 

from occurring in the golden tilefish 

fishery. The commenter is correct, the 

golden tilefish stock is not considered 

overfished or subject to overfishing; but 

this action is working to maintain that 

status into the future. Framework 

Adjustment 2 is currently in 

development through a separate 

rulemaking process, and does have more 

background information on the topics in 

question. The proposed rule is expected 

to publish in October; however, in the 

interim, more information can be found 

on the Council Web site at http://

www.mafmc.org/tilefish/. 


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Comment 3: The commenter 

recommended a more drastic cut in 

quotas and claimed widespread 

corruption and collusion between 

NMFS and the commercial fishing 

industry for unregulated profit. 

Response 3: The commenter 

presented no rationale or evidence 

supporting the claims. The most recent 

assessment determined that the golden 

tilefish stock is neither overfished, nor 

subject to overfishing. The Council’s 

recommended quotas were set below the 

overfishing limit from the stock 

assessment in order to account for any 

scientific uncertainty. NMFS used the 

best scientific information available and 

is approving specifications for the 

golden tilefish fishery that are 

consistent with the FMP, all applicable 

legal requirements, and the 

recommendations of the Council. 

Changes From the Proposed Rule 

As explained above, the proposed rule 

anticipated the implementation of 

Framework 2 before these specifications 

were finalized. Because that has not 

happened, the specifications must be 

implemented under current regulations, 

but will be adjusted when Framework 2 

is finalized near the end of December 

2017. 

Classification 

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

Magnuson-Stevens Act, the NMFS 

Assistant Administrator 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 is exempt from review 

under Executive Order 12866 because 

this action contains no implementing 

regulations. 

This final rule does not duplicate, 

conflict, or overlap with any existing 

Federal rules. 

This action does not contain a 

collection of information requirement 

for purposes of the Paperwork 

Reduction Act. 

The Assistant Administrator for 

Fisheries, NOAA, finds good cause 

under 5 U.S.C. 553(d)(3) to waive the 

30-day delay in effectiveness period for 

this rule, to ensure that the final 

specifications are in place as close to the 

start of the 2018 golden tilefish fishing 

year as possible, which began on 

November 1, 2017. A delay in 

effectiveness past the start of the 2018 

fishing year would be contrary to the 

public interest, as it could create 

confusion, added burden, and potential 

economic harm to the commercial 

golden tilefish industry. If new 

specifications are not effective on that 

date, the regulations at § 648.292(a) state 

the current harvest quotas would 

automatically continue into the new 

fishing year. Therefore, NMFS would be 

required to issue initial IFQ permits 

using the 2017 quota amount, and then 

reissue those permits using the lower 

2018 quota implemented by this rule 

after the start of the fishing year. 

Representatives of the commercial 

golden tilefish industry have been active 

participants in the Council’s 

development of these specifications, 

and are anticipating the 2018 quota 

amount implemented by this action. 

Issuing two sets of IFQ allocations based 

on different quota amounts in a short 

period of time would cause unnecessary 

confusion and paperwork for the 

commercial golden tilefish industry. If 

IFQ shareholders fished or leased their 

initial allocation in the interim, they 

could be responsible for a quota overage 

once the new 2018 quotas became 

effective. Under the regulations, such an 

overage would need to be paid back in 

the following fishing year, which would 

decrease fishing opportunities in 2019. 

Because the Council did not submit 

these specifications recommendations 

and the accompanying environmental 

assessment until early July, NMFS was 

unable to prepare this action early 

enough to allow for both an appropriate 

public comment period and full delay in 

effectiveness period. As noted above, 

the commercial tilefish industry has 

been a participant in the Council’s 

process of developing these 

specifications and is anticipating these 

measures. Therefore, there is good cause 

to implement these quota specifications 

on November 2, 2017. 

Final Regulatory Flexibility Analysis 

The final regulatory flexibility 

analysis (FRFA) included in this final 

rule was prepared pursuant to 5 U.S.C. 

604(a), and incorporates the initial 

regulatory flexibility analysis (IRFA) 

and a summary of analyses completed to 

support the action. A public copy of the 

environmental assessment/IRFA is 

available from the Council (see 

ADDRESSES). The preamble to the 

proposed rule included a detailed 

summary of the analyses contained in 

the IRFA, and that discussion is not 

repeated here. 

A Summary of the Significant Issues 

Raised by the Public in Response to the 

IRFA, a Summary of the Agency’s 

Assessment of Such Issues, and a 

Statement of Any Changes Made in the 

Final Rule as a Result of Such 

Comments 

The comments NMFS received did 

not raise specific issues regarding the 

economic analyses summarized in the 

IRFA. Refer to the ‘‘Comments and 

Responses’’ section of this preamble for 

more detail. No changes to the proposed 

rule were required to be made as a result 

of public comment. 

Description and Estimate of Number of 

Small Entities To Which the Rule Would 

Apply 

This final rule affects small entities 

engaged in commercial fishing 

operations with Federal golden tilefish 

permits. For the purposes of the 

regulatory flexibility analysis (RFA) 

analysis, the ownership entities (or 

firms), not the individual vessels, are 

considered to be the regulated entities. 

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. 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, and 3 as large businesses. 

Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements 

No additional reporting, 

recordkeeping, or other compliance 

requirements are included in this final 

rule. 

Description of the Steps the Agency Has 

Taken To Minimize the Significant 

Economic Impact on Small Entities 

Consistent With the Stated Objectives of 

Applicable Statutes 

Specification of commercial quota is 

constrained by the conservation 

objectives set forth in the FMP and 

implemented at 50 CFR part 648 under 

the authority of the Magnuson-Stevens 

Act. The 2018–2020 catch limits and 

quotas contained in this final rule are 14 

percent lower than those currently in 

place for 2017. However, this is the 

result of the Council’s risk policy, 

which requires a formulaic buffer 

between the OFL and ABC that, in turn, 

lowers the TAL and quotas. Therefore, 

these lower catch levels in 2018 and 

projected for 2019 and 2020 are 

consistent with the best available 


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scientific information, the Council’s 

tolerance for overfishing risk, and are 

intended to prevent overfishing from 

occurring. 

As described in the proposed rule for 

this action, two other alternatives to the 

approved these specifications were 

considered. The status quo 

specifications (Alternative 2) were not 

consistent with the Council’s risk 

policy. Alternative 3 would have had a 

comparable quota decrease over the 

three years with the approved 

specifications (Alternative 1), but 

fluctuating quotas and catch limits year 

to year. This was not selected because 

it did not support the annual 

consistency of quota/landings that the 

tilefish industry considers important to 

maintaining price and supply stability 

in this fishery. 

All affected IFQ shareholders will 

receive decreases in their tilefish 2018 

IFQ allocations in comparison to their 

respective tilefish 2017 IFQ allocations. 

However, the magnitude of the decrease 

varies depending on the shareholder’s 

relative percentage of the total IFQ 

quota. Shareholders may also seek 

leases to offset individual quota 

decreases. NMFS does not anticipate 

this decrease will create a significant 

impact on the entities affected by this 

action. 

Small Entity Compliance Guide 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that, for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as ‘‘small entity 

compliance guides.’’ The agency shall 

explain the actions a small entity is 

required to take to comply with a rule 

or group of rules. As part of this 

rulemaking process, a letter to permit 

holders that also serves as small entity 

compliance guide was prepared and 

will be sent to all holders of Federal 

permits issued for the golden tilefish 

fishery. In addition, copies of this final 

rule and guide (i.e., permit holder letter) 

are available from NMFS (see 

ADDRESSES) and at the following Web 

site: www.greateratlantic.fisheries.

noaa.gov. 

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

Dated: November 1, 2017. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2017–24135 Filed 11–2–17; 4:15 pm] 

BILLING CODE 3510–22–P 


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