Federal Register / Vol. 82, No. 219 / Wednesday, November 15, 2017 / Rules and Regulations 52851 

Fraser River Panel Order Number 2017– 

06: Issued 12:15 p.m., September 12, 

2017 

Treaty Indian and All Citizen Fisheries 

Areas 6, 6A, and 7: Relinquish 

regulatory control effective 12:01 a.m., 

Sunday, September 24, 2017. 

Classification 

The Assistant Administrator for 

Fisheries NOAA (AA), finds that good 

cause exists for the inseason orders to be 

issued without affording the public 

prior notice and opportunity for 

comment under 5 U.S.C. 553(b)(B) as 

such prior notice and opportunity for 

comments is impracticable and contrary 

to the public interest. Prior notice and 

opportunity for public comment is 

impracticable because NMFS has 

insufficient time to allow for prior 

notice and opportunity for public 

comment between the time the stock 

abundance information is available to 

determine how much fishing can be 

allowed and the time the fishery must 

open and close in order to harvest the 

appropriate amount of fish while they 

are available. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date, required under 5 U.S.C. 553(d)(3), 

of the inseason orders. A delay in the 

effective date of the inseason orders 

would not allow fishers appropriately 

controlled access to the available fish at 

that time they are available. 

This action is authorized by 50 CFR 

300.97, and is exempt from review 

under Executive Order 12866. 

Authority: 16 U.S.C. 3636(b). 

Dated: November 9, 2017. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2017–24715 Filed 11–14–17; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 160229161–7898–02] 

RIN 0648–BF86 

Fisheries of the Northeastern United 

States; Amendment 6 to the Tilefish 

Fishery Management Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule implements 

management measures previously 

approved for Amendment 6 to the 

Tilefish Fishery Management Plan and 

publicizes status quo management 

measures for 2018. Amendment 6 was 

developed by the Mid-Atlantic Fishery 

Management Council to establish 

management measures and 2017 harvest 

limits for the blueline tilefish fishery 

north of the Virginia/North Carolina 

border. The intended effect of this 

action is to establish permanent 

management measures for this fishery, 

consistent with requirements of the 

Magnuson-Stevens Act. 

DATES: This rule is effective December 

15, 2017. 

ADDRESSES: Copies of Amendment 6 

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. The 

Amendment 6 EA/FONSI/RIR is also 

accessible online at: 

www.greateratlantic.fisheries.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Potts, Fishery Policy Analyst, 

978–281–9341. 

SUPPLEMENTARY INFORMATION: 

Background 

This final rule concurrently approves 

Amendment 6 to the Tilefish Fishery 

Management Plan (FMP) on behalf of 

the Secretary of Commerce and finalizes 

implementing regulations. The MidAtlantic Fishery Management Council 

developed this amendment to establish 

management measures for the blueline 

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 notice of availability on June 14, 2017 

(82 FR 27223), announcing a 60-day 

period for the public to review and 

provide comments on whether we, 

acting on behalf of the Secretary of 

Commerce, should approve Amendment 

6. This comment period ended on 

August 14, 2017. On June 28, 2017, we 

published a proposed rule (82 FR 

29263) to implement the amendment’s 

specific measures and solicited 

comments on the proposed measures for 

a 30-day period that ended on July 28, 

2017. 

We reviewed all comments received 

during these comment periods, whether 

directed at our approval decision or the 

proposed regulations. See Comments 

and Responses section for more 

information. Now, on behalf of the 

Secretary of Commerce, we are 

approving and implementing 

Amendment 6, consistent with the 

review and approval process outlined in 

section 304 of the Magnuson-Stevens 

Act (16 U.S.C. 1854). 

Amendment 6 Approved Measures 

We are approving all Amendment 6 

measures, as outlined in our June 28, 

2017, proposed rule. However, given 

their complexity and novelty, 

development and implementation of 

permitting and reporting measures for 

private recreational vessels will take 

significantly more time than the other, 

more traditional management measures 

in this action. Therefore, we are 

approving, but delaying implementation 

of, the recreational permitting and 

reporting requirements. More 

information on the approved measures 

is outlined below. 

Management Unit, FMP Objectives, 

Status Determination Criteria 

The management unit for blueline 

tilefish encompasses the U.S. Exclusive 

Economic Zone (EEZ) from the North 

Carolina/Virginia border (36.550278 N. 

Latitude) extending north to the 

maritime boundary with Canada. This 

management unit is consistent with the 

Council’s management unit for golden 

tilefish. 

Amendment 6 establishes the 

management objectives of the current 

Tilefish FMP to apply for blueline 

tilefish as well, with the addition that, 

‘‘management will reflect blueline 

tilefish’s susceptibility of overfishing 

and the need of an analytical stock 

assessment.’’ 

Section 303(a)(10) of the MagnusonStevens Act requires that FMPs specify 

criteria for identifying when the fishery 

is overfished. Amendment 6 defines 

stock status determination criteria for 

blueline tilefish based on the results of 

the most recent approved stock 

assessment, which is consistent with all 

of the Council’s other FMPs. The 

Council anticipates new stock status 

determination criteria will be 

established through a stock assessment 

currently being jointly conducted by the 

South Atlantic and Mid-Atlantic Fishery 

Management Councils through the 

Southeast Data, Assessment, and 

Review process (SEDAR 50). The 

assessment report is expected in the fall 

of 2017. 

The Magnuson-Stevens Act also 

requires all FMPs contain measures that 

are ‘‘necessary and appropriate for the 

conservation and management of the 


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fishery to prevent overfishing.’’ There is 

insufficient scientific information 

currently available to establish a 

quantitative overfishing limit for the 

blueline tilefish population in the MidAtlantic. Analysis conducted by the 

Council’s Scientific and Statistical 

Committee (SSC) found that 

constraining catch of Mid-Atlantic 

blueline tilefish to the recommended 

acceptable biological catch (ABC) of 

87,031 pounds (lb) (39,476 kilograms 

(kg)) would be unlikely to result in 

overfishing. Because this harvest limit is 

set at a level sufficient to prevent 

overfishing, it is consistent with the 

Magnuson-Stevens Act requirement at 

303(a)(1)(A). 

Permitting and Reporting Requirements 

Commercial Vessels 

A commercial fishing vessel is 

required to be issued an open-access 

tilefish commercial vessel permit in 

order to retain and land blueline 

tilefish. This is the same vessel permit 

required for vessels fishing for golden 

tilefish; a vessel that has this permit 

already does not need a separate permit. 

Vessel owners and operators are subject 

to the current requirements to have an 

operator permit and to maintain and 

submit Vessel Trip Reports (VTRs) for 

each fishing trip. 

For-Hire Vessels 

Fishing vessels that carry recreational 

anglers for hire are required to have an 

open-access tilefish charter/party vessel 

permit in order to fish for, retain, or 

land blueline tilefish. This is the same 

charter/party vessel permit for golden 

tilefish, so a vessel that has this permit 

already does not need a separate permit. 

Vessel owners and operators would be 

subject to the current requirements to 

have an operator permit and to maintain 

and submit VTRs for each fishing trip. 

Commercial Dealers 

A commercial seafood dealer must 

have a tilefish dealer permit in order to 

purchase, possess, or receive blueline 

tilefish harvested from the Tilefish 

Management Unit. This is the same 

dealer permit already in use for dealers 

of golden tilefish in the region. 

Details about permit requirements for 

commercial fishing vessels, party/ 

charter vessels, vessel operators, and 

commercial dealers, including 

application forms, are available at: 

www.greateratlantic.fisheries.noaa.gov/ 

aps/permits/index.html. 

Private Recreational Vessels 

With this action we approve the 

Amendment 6 requirement for private 

recreational vessels to obtain a permit to 

fish for or retain golden or blueline 

tilefish in the Tilefish Management 

Unit. However, additional development 

work is necessary before we can issue 

recreational tilefish permits or require 

private anglers to start reporting their 

catch. Specific details of a private 

recreational vessel permit and reporting 

system will be proposed at a later date 

with additional opportunity for public 

comment, consistent with requirements 

of the Administrative Procedure Act. 

Possession Limits and Fishing Season 

Commercial 

Commercial vessels are limited to a 

maximum possession of 300 lb (136 kg) 

of blueline tilefish per trip. Blueline 

tilefish can be gutted, but must be 

landed with the head and fins naturally 

attached. 

Recreational 

The applicable recreational blueline 

tilefish possession limit depends on the 

type of vessel used. Anglers fishing from 

private vessels are allowed to keep up 

to three blueline tilefish per person per 

trip. Anglers fishing from a for-hire 

vessel that has been issued a valid 

Tilefish Charter/Party Permit, but does 

not have a current U.S. Coast Guard 

safety inspection sticker can retain up to 

five blueline tilefish per person per trip. 

Finally, anglers on for-hire vessels that 

have both a valid Tilefish Charter/Party 

Permit and a current U.S. Coast Guard 

safety inspection sticker can retain up to 

seven blueline tilefish per person per 

trip. 

The recreational fishery for blueline 

tilefish is open from May 1 through 

October 31, annually. Recreational 

anglers are prohibited from fishing for 

or possessing blueline tilefish outside of 

this season. 

ABC Risk Policy, Annual Catch Limit 

Process, and Sector Allocations 

Section 303(a)(15) of the MagnusonStevens Act requires FMPs to establish 

a mechanism for specifying annual 

catch limits (ACL), implementing 

regulations, or annual specifications to 

prevent overfishing. In addition, the Act 

requires the Council’s SSC to provide it 

with ongoing scientific advice, 

including recommendations for ABC 

(see Magnuson-Stevens Act 

302(g)(1)(B)). Amendment 6 retains the 

same ABC control rules and risk policy 

for blueline tilefish used for other MidAtlantic Council stocks, described in the 

regulations at 50 CFR 648.20 and 

648.21. 

The ACL process approved for 

blueline tilefish under Amendment 6 is 

consistent with the specificationssetting process for other stocks managed 

by the Council. The Council’s SSC will 

review the available scientific 

information, the ABC control rule, and 

other relevant information before 

making ABC recommendations to the 

Council for up to three years. The 

recommendations of the SSC will be 

reviewed by the existing Tilefish 

Monitoring Committee, which will 

provide recommendations to the 

Council and/or relevant committee to 

ensure the blueline tilefish 

specifications are not exceeded and to 

address any other operational aspects of 

the fishery. To establish specific harvest 

limits, the recommended ABC will be 

allocated to establish separate ACLs for 

the commercial and recreational sectors 

of the fishery (73 percent to recreational 

and 27 percent to commercial). These 

ACLs may be reduced to account for 

management uncertainty to establish 

annual catch targets (ACTs). Finally, 

anticipated discards are subtracted to 

determine the total allowable landings 

(TAL) amount for each sector. The 

Council would develop other 

management measures (seasons, trip 

limits, etc., as described above) that are 

expected to meet the TAL and not 

exceed the ACL. If the Council reestablishes a research set-aside program, 

up to three percent of the TAL may be 

set aside in such a program. 

Accountability Measures 

The Magnuson-Stevens Act requires 

that FMPs include measures to ensure 

accountability with ACLs, and NMFS 

has created guidelines for how 

management measures might meet this 

requirement (see § 600.310(g)). This 

action implements different 

accountability measures (AMs) to 

address the particular needs of the 

commercial and recreational sectors of 

the fishery. 

Commercial blueline tilefish landings 

will be monitored during the fishing 

year based on dealer reports and other 

available information. If we determine 

the commercial TAL will be exceeded, 

we will close the commercial blueline 

tilefish fishery, prohibiting possession 

or landing blueline tilefish for sale for 

the remainder of the fishing year, 

through publication of a notice in the 

Federal Register. If the commercial 

catch of blueline tilefish exceeds the 

ACL, we would deduct the amount of 

the overage from the commercial ACL 

the following year. 

Catch data for the recreational fishery 

is much more uncertain than for the 

commercial fishery. We will compare 

the three-year moving average of 

recreational catch to the three-year 

average of the recreational ACL to 


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Federal Register / Vol. 82, No. 219 / Wednesday, November 15, 2017 / Rules and Regulations 52853 

determine whether the ACL has been 

exceeded and accountability measures 

for the recreational fishery are 

warranted. This will be phased in so 

that catch in 2017 will be compared to 

the 2017 ACL, and next year the average 

catch in 2017 and 2018 will be 

compared to the average ACL in 2017 

and 2018. In subsequent years we will 

use three-year moving averages. If this 

comparison shows the recreational ACL 

was exceeded, then the extent of the 

accountability measure would depend 

on the status of the stock and the 

significance of the overage. 

If the most recent estimate of biomass 

is below the BMSY threshold (i.e., the 

stock is overfished), the stock is under 

a rebuilding plan, or the biological 

reference points are unknown, and the 

recreational ACL has been exceeded, 

then in the following fishing year the 

recreational ACT would be reduced by 

the exact amount, in pounds, by which 

the most recent year’s recreational catch 

estimate exceeded the most recent year’s 

recreational ACL. Changes to 

management measures would also be 

considered through the specifications 

process to avoid future overages. If the 

most recent estimate of biomass is above 

BMSY (i.e., the stock is above the 

biomass target), then adjustments to the 

recreational management measures (e.g., 

changes in per-angler possession limits 

could be considered to reduce 

subsequent year’s catch) would be made 

in the following fishing year, but a 

reduction in the recreational ACT 

would not be necessary. If the stock 

biomass is between these extremes, the 

accountability measures would be 

scaled. 

If the most recent estimate of biomass 

is above the biomass threshold, but 

below the biomass target (B/BMSY is 

greater than 0.5 but less than 1.0), and 

the stock is not under a rebuilding plan, 

then the severity of the payback would 

depend on the significance of the 

overage. If the recreational ACL is 

exceeded but the overall ABC is not, 

then adjustments to the recreational 

management measures would be made 

in the following fishing year, but a 

reduction in the recreational ACT 

would not be necessary. If the ABC is 

exceeded, in addition to adjusting the 

recreational management measures, a 

deduction from the recreational ACT 

would be made in the following fishing 

year. The size of the deduction would 

be proportional to the health of the 

stock. The ACT would be reduced by 

the amount of the overage (in pounds) 

multiplied by a payback coefficient. The 

payback coefficient would be the 

difference between the most recent 

estimate of biomass and BMSY (i.e., 

BMSY¥B) divided by one-half of BMSY. 

This coefficient allows for a smaller 

deduction if the stock is close to the 

biomass target and a larger deduction 

the more the stock is below the target. 

The recreational accountability measure 

is consistent with those in use for other 

Mid-Atlantic fisheries. 

Essential Fish Habitat (EFH) 

We approve the following EFH 

definition for different life stages of 

blueline tilefish based on the best 

available scientific information: 

Eggs and larvae: Blueline tilefish egg 

and larval EFH in the Greater Atlantic 

region is the water column on the outer 

continental shelf from eastern Georges 

Bank to the Virginia/North Carolina 

boundary in depths of 46–256 meters 

(m) (151–840 feet (ft)). 

Juveniles and adults: Blueline tilefish 

juvenile and adult EFH in the Greater 

Atlantic region is benthic habitats on 

the outer continental shelf from eastern 

Georges Bank to the Virginia/North 

Carolina boundary in depths of 46–256 

m (151–840 ft) at bottom water 

temperatures which range from 8–18° C 

(46–64 °F). Blueline tilefish create 

horizontal or vertical burrows in 

sediments composed of silt, clay, and 

sand. 

The Council is currently conducting a 

comprehensive review of EFH 

designations and fishery impacts on 

habitat for all Council-managed species, 

including blueline tilefish. The EFH 

Review Fishery Management Action 

Team will review scientific and 

technical information on fish habitat 

and develop recommendations as to 

whether changes to the existing EFH 

descriptions and other habitat 

components of the FMPs are warranted. 

Based on this review, the Council may 

choose to modify its FMPs (e.g., revise 

EFH descriptions, designate Habitat 

Areas of Particular Concern, or 

implement other habitat management 

measures). 

Framework Adjustment Measures 

Framework adjustments allow the 

Council to make changes to 

management measures that were 

previously considered in the FMP or 

FMP amendment through a more 

efficient process than a full FMP 

amendment. The full list of blueline 

tilefish management measures that 

could be changed by framework 

adjustment were published in the 

proposed rule and are not repeated here. 

2017 Specifications 

Table 1 outlines catch limits for 

blueline tilefish for the 2017 fishing 

year. We will count landings of blueline 

tilefish in or from the Tilefish 

Management Unit that have already 

occurred in 2017 against these limits 

when determining if a harvest limit has 

been met or exceeded. 

TABLE 1—2017 BLUELINE TILEFISH SPECIFICATIONS

Specification Recreational Commercial 

ABC .................................................................... 87,031 lb (39,476 kg) 

ACLs ................................................................... 63,533 lb (28,818 kg) ....................................... 23,498 lb (10,658 kg). 

ACTs ................................................................... 63,533 lb (28,818 kg) ....................................... 23,498 lb (10,658 kg). 

TALs ................................................................... 62,262 lb (28,242 kg) ....................................... 23,263 lb (10,552 kg). 

2018 Specifications 

The regulations at § 648.292(b)(2) 

state in part that the previous year’s 

specifications will remain effective 

unless revised through the specification 

process and/or the research quota 

process described in paragraph (b)(3) of 

the section and NMFS will issue 

notification in the Federal Register if 

the previous year’s specifications will 

not be changed. At its April 2017 

meeting, the Council voted to maintain 

status quo specifications for the 2018 

blueline tilefish fishing year. As a result, 

we do not intend to change the 2017 

blueline tilefish specifications for next 

year, so the status quo measures remain 

effective for through December 31, 2018. 

Comments and Responses 

We received 42 comments on the 

notice of availability and proposed rule. 

The majority of comments were from 

individuals. Four commenters selfidentified as owners of for-hire 

recreational vessels. One commenter 

identified as president of a recreational 

saltwater fishing association with over 


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52854 Federal Register / Vol. 82, No. 219 / Wednesday, November 15, 2017 / Rules and Regulations 

600 members. Two commenters did not 

specifically address any of the proposed 

measures. One was generally supportive 

of the proposed action while the other 

simply opposed all commercial fishing. 

Detailed comments and our responses 

are grouped by topic below. 

Recreational Possession Limit 

Comments 

Numerous commenters expressed 

opposition to the proposed tiered 

recreational possession limits. A dozen 

commenters said the limits unfairly 

favored for-hire vessels. Ten 

commenters stated the three-fish per 

person limit for private vessels was 

unreasonably low. Twenty commenters 

generally opposed any differentiation 

between aspects of the recreational 

fishery. Six individuals stated the low 

limit would increase dead discards of 

blueline tilefish when anglers target cooccurring species such as golden tilefish 

or black sea bass. Twenty-five 

commenters expressed support for the 

seven-fish per person limit across the 

board that was in the Council’s public 

hearing draft of the Amendment. 

Response: The Council’s analysis 

indicated management measures needed 

to constrain recreational catch by 50 

percent, relative to the 2014/2015 

average, to stay below the ACL. A yearround season and seven-fish per person 

possession limit would not have 

achieved this target. The available VTR 

data indicate that per-person catch rates 

of blueline tilefish are lower on charter 

boats than party boats, and public 

comment indicted that the retention rate 

on private vessels is lower than on 

either type of for-hire vessel. Based on 

this information, the Council devised a 

set of possession limits to reflect this 

pattern and spread the reduction across 

the recreational sector of the fishery 

equitably, such that each vessel group 

would be subject to the same relative 

restriction. We recognize anglers may 

inadvertently exceed the blueline 

tilefish possession limit when targeting 

other species. We hope people will try 

to avoid this situation, and encourage 

them to visit our Web site https://www.

greateratlantic.fisheries.noaa.gov/ 

sustainable/recfishing/ for information 

on best practices, including the use of 

descending devices to minimize 

barotrauma in released fish. If 

additional catch information becomes 

available that indicates a single 

possession limit is more equitable, the 

Council may revise these measures 

through the specifications process if 

necessary. The effective date of this 

action has been set such that the new 

recreational possession limits will not 

take effect until the fishery opens on 

May 1, 2018, to avoid confusion of 

setting a new possession limit just 

before the new annual closure. 

Recreational Closed Season Comments 

A majority of commenters (26) 

expressed opposition to the proposed 

recreational closed season. Twenty 

commenters noted they typically catch 

blueline tilefish and black sea bass 

together and seasons for these species 

need to be coordinated to avoid 

excessive discard of either species. 

Several individuals stated blueline 

tilefish is one of the few species 

available during the winter months, and 

a closure could preclude any 

recreational fishing during that time. 

Response: As mentioned above, the 

Council developed recreational 

measures to affect a 50-percent 

reduction in catch relative to the 2014/ 

2015 average. The result is as a 

combination of tiered possession limits 

and a closed season that the available 

data suggest will achieve this goal. The 

available catch data indicate a closure 

from November through April would 

account for a 19-percent reduction in 

recreational catch. That combined with 

the expected impact of the possession 

limits should allow the recreational 

TAL to be achieved, but not exceeded. 

The Council could have chosen to 

coordinate its blueline tilefish 

recreational season with its existing 

season for black sea bass, but did not. 

However, the Council can re-evaluate 

recreational measures through the 

specifications process. 

Recreational Permit Comments 

One commenter expressed opposition 

to a requirement for another vessel 

permit for his charter boat. A few 

commenters noted Virginia already has 

recreational permit and reporting 

requirements, and any new 

requirements may be redundant. One 

commenter supported the proposed 

permit for private recreational vessels, 

suggesting we require vessels get a letter 

of authorization (LOA) until the new 

recreational permit is fully 

implemented. 

Response: This action does not create 

a new charter/party vessel permit for 

blueline tilefish. Rather, we are using 

the existing permit for golden tilefish 

that most, if not all, for-hire vessels 

have. Therefore, if you already have the 

Tilefish Party/Charter vessel permit no 

further action is needed. The potential 

to use existing permitting and reporting 

requirements and avoid duplication is 

one of the factors we will be looking 

into as we work to implement the 

private recreational permitting and 

reporting aspects of Amendment 6. 

Likewise, we will consider whether an 

LOA program to begin collecting data 

about recreational effort while measures 

that are more permanent are developed 

and implemented is feasible and cost 

effective. 

Council Process Comments 

Apart from the specific comments on 

the recreational possession limits and 

closed season addressed above, the 

recreational fishing association and 

several individuals submitted matching 

comments opposing the process by 

which the Council selected those 

measures. These 20 commenters feel 

they did not have an adequate 

opportunity to express to the Council 

their opposition to these measures, and, 

therefore, ask the Secretary to 

disapprove the Amendment and remand 

it to the Council for further public 

input. 

Response: The Council developed a 

range of potential management 

measures then sought public comment 

on a draft of Amendment 6, including 

a series of public hearings. While the 

Council typically selects its preferred 

measures from among those in the draft 

document, it is not required to do so. 

The purpose of the public hearings is to 

solicit feedback that could improve the 

measures under consideration. During 

the public hearings, the Council 

received comments that led to the 

development of tiered possession limits 

based on the type of vessel. As 

mentioned above in the response to 

comments on the possession limit, these 

measures were intended to spread the 

catch reductions more equitably across 

the fishery. Similarly, public comment 

led to the consideration of a closed 

season in order to maintain a higher bag 

limit when the fishery is open. These 

new measures were discussed publicly 

during the April 2016 Council meeting 

before the Council voted to select 

preferred alternatives and approve 

Amendment 6. Because some measures 

were developed after the regular public 

hearing process, the Council took the 

unusual step of holding an additional 

webinar-based public hearing in June 

2016, with the option to reconsider its 

decisions later during the June 2016 

Council meeting after reviewing 

submitted comments. 

Economic Impact Comments 

Many individuals cited the time and 

expense that recreational anglers invest 

to participate in this fishery. These 

individuals indicated that a closed 

season, and to a lesser extent low 

possession limits, could have adverse 

impact on local businesses. 


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Federal Register / Vol. 82, No. 219 / Wednesday, November 15, 2017 / Rules and Regulations 52855 

Response: We acknowledge the 

economic contributions that recreational 

fishing can have in coastal 

communities. NMFS conducts nationwide surveys of marine anglers to assess 

those impacts and better inform our 

management decisions. The recreational 

fishery for blueline tilefish in the MidAtlantic is relatively small, and the 

number of participants has not 

historically been well documented. The 

analysis of the anticipated economic 

impacts of this action indicate some 

potential adverse impact resulting from 

the possession limits and closed season. 

However, those impacts should be 

limited and temporary if the measures 

result in the expected increase in the 

blueline tilefish stock size. 

Changes From the Proposed Rule 

There are no changes to the measures 

from the proposed rule. 

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 Amendment 6, 

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. 

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 

will 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. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: November 9, 2017. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 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. 

■ 2. In § 648.1, revise paragraph (a) to 

read as follows: 

§ 648.1 Purpose and scope. 

(a) This part implements the fishery 

management plans (FMPs) for the 

Atlantic mackerel, squid, and butterfish 

fisheries (Atlantic Mackerel, Squid, and 

Butterfish FMP); Atlantic salmon 

(Atlantic Salmon FMP); the Atlantic sea 

scallop fishery (Scallop FMP); the 

Atlantic surfclam and ocean quahog 

fisheries (Atlantic Surfclam and Ocean 

Quahog FMP); the NE multispecies and 

monkfish fisheries ((NE Multispecies 

FMP) and (Monkfish FMP)); the summer 

flounder, scup, and black sea bass 

fisheries (Summer Flounder, Scup, and 

Black Sea Bass FMP); the Atlantic 

bluefish fishery (Atlantic Bluefish FMP); 

the Atlantic herring fishery (Atlantic 

Herring FMP); the spiny dogfish fishery 

(Spiny Dogfish FMP); the Atlantic deepsea red crab fishery (Deep-Sea Red Crab 

FMP); the golden and blueline tilefish 

fisheries (Tilefish FMP); and the NE 

skate complex fisheries (Skate FMP). 

These FMPs and the regulations in this 

part govern the conservation and 

management of the above named 

fisheries of the Northeastern United 

States. 

* * * * * 

■ 3. In § 648.2: 

■ a. Add in alphabetical order the 

definition of ‘‘Blueline tilefish;’’ 

■ b. Revise paragraph 4 of the definition 

for ‘‘Fishing year;’’ 

■ c. Add in alphabetical order the 

definition of ‘‘Golden tilefish;’’ and 

■ d. Revise paragraph 2 of the definition 

for ‘‘Lessee,’’ paragraph 2 of the 

definition for ‘‘Lessor,’’ and the 

definitions for ‘‘Tilefish,’’ ‘‘Tilefish FMP 

Monitoring Committee,’’ and ‘‘Tilefish 

Management Unit.’’ 

The additions and revisions read as 

follows: 

§ 648.2 Definitions. 

* * * * * 

Blueline tilefish means Caulolatilus 

microps. 

* * * * * 

Fishing year * * * 

(4) For the golden tilefish fishery, 

from November 1 through October 31 of 

the following year. 

* * * * * 

Golden tilefish means Lopholatilus 

chamaeleonticeps. 

* * * * * 

Lessee * * * 

(2) A person or entity eligible to hold 

golden tilefish IFQ allocation, who 

receives temporarily transferred golden 

tilefish IFQ allocation, as specified at 

§ 648.294(e)(1). 

Lessor * * * 

(2) An IFQ allocation permit holder 

who temporarily transfers golden 

tilefish IFQ allocation, as specified at 

§ 648.294(e)(1). 

* * * * * 

Tilefish means golden tilefish and 

blueline tilefish, collectively, unless 

otherwise noted. 

Tilefish FMP Monitoring Committee 

means a committee made up of staff 

representatives of the MAFMC, the 

NMFS Greater Atlantic Regional 

Fisheries Office, the Northeast Fisheries 

Science Center, up to three state 

representatives (the New England states 

having one representative and the MidAtlantic states having a maximum of 

two representatives) and one non-voting 

industry member. The MAFMC 

Executive Director or his designee 

chairs the committee. 

Tilefish Management Unit means an 

area of the Atlantic Ocean from the 

latitude of the VA and NC border 

(36°33.36′ N. Lat.), extending eastward 

from the shore to the outer boundary of 

the exclusive economic zone and 

northward to the United States-Canada 

border in which the United States 

exercises exclusive jurisdiction over all 

golden tilefish (Lopholatilus 

chamaeleonticeps) and blueline tilefish 

(Caulolatilus microps) fished for, 

possessed, caught or retained in or from 

such area. 

* * * * * 

■ 4. In § 648.4, paragraphs (a)(12) and 

(b)(1)(i) are revised to read as follows: 

§ 648.4 Vessel permits. 

(a) * * * 

(12) Tilefish vessels—(i) Commercial 

vessel permits. Any vessel of the United 

States must have been issued, under this 

part, and carry on board, a valid 

commercial vessel permit to fish for, 

possess, or land golden tilefish or 

blueline tilefish for a commercial 

purpose, in or from the Tilefish 

Management Unit. 

(A) A commercial vessel must fish 

under the authorization of a golden 

tilefish IFQ allocation permit, issued 

pursuant to § 648.294, to possess, or 

land golden tilefish in excess of the trip 

limit as specified under § 648.295(a). 

(B) [Reserved] 

(ii) Party and charter vessel permits. 

Any party or charter vessel must have 

been issued, under this part, a Federal 

charter/party vessel permit to fish for 


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either golden tilefish or blueline tilefish 

in the Tilefish Management Unit, if it 

carries passengers for hire. Such vessel 

must observe the recreational 

possession limits as specified at 

§ 648.296 and the prohibition on sale. 

* * * * * 

(b) Permit conditions. (1)(i) Any 

person who applies for and is issued or 

renews a fishing permit under this 

section agrees, as a condition of the 

permit, that the vessel and the vessel’s 

fishing activity, catch, and pertinent 

gear (without regard to whether such 

fishing occurs in the EEZ or landward 

of the EEZ; and without regard to where 

such fish or gear are possessed, taken, 

or landed); are subject to all 

requirements of this part, unless 

exempted from such requirements 

under this part. All such fishing 

activities, catch, and gear will remain 

subject to all applicable state 

requirements. Except as otherwise 

provided in this part, if a requirement 

of this part and a management measure 

required by a state or local law differ, 

any vessel owner permitted to fish in 

the EEZ for any species managed under 

this part, except tilefish, must comply 

with the more restrictive requirement. 

Except as otherwise provided in this 

part, if a requirement of this part and a 

management measure required by a state 

or local law differ, any vessel owner 

permitted to fish in the tilefish 

management unit for tilefish managed 

under this part must comply with the 

more restrictive requirement. Owners 

and operators of vessels fishing under 

the terms of a summer flounder 

moratorium, scup moratorium, or black 

sea bass moratorium; or a spiny dogfish 

or bluefish commercial vessel permit, 

must also agree not to land summer 

flounder, scup, black sea bass, spiny 

dogfish, or bluefish, respectively, in any 

state after NMFS has published a 

notification in the Federal Register 

stating that the commercial quota for 

that state or period has been harvested 

and that no commercial quota is 

available for the respective species. A 

state not receiving an allocation of 

summer flounder, scup, black sea bass, 

or bluefish, either directly or through a 

coast-wide allocation, is deemed to have 

no commercial quota available. Owners 

and operators of vessels fishing under 

the terms of the tilefish commercial 

permit must agree not to land golden 

tilefish or blueline tilefish after NMFS 

has published a notification in the 

Federal Register stating that the 

respective quota for the golden tilefish 

incidental fishery and/or the 

commercial blueline tilefish fishery has 

been harvested, as described in 

§ 648.295, unless landing golden tilefish 

authorized under a golden tilefish IFQ 

allocation permit. Owners or operators 

fishing for surfclams and ocean quahogs 

within waters under the jurisdiction of 

any state that requires cage tags are not 

subject to any conflicting Federal 

minimum size or tagging requirements. 

If a surfclam and ocean quahog 

requirement of this part differs from a 

surfclam and ocean quahog management 

measure required by a state that does 

not require cage tagging, any vessel 

owners or operators permitted to fish in 

the EEZ for surfclams and ocean 

quahogs must comply with the more 

restrictive requirement while fishing in 

state waters. However, surrender of a 

surfclam and ocean quahog vessel 

permit by the owner by certified mail 

addressed to the Regional Administrator 

allows an individual to comply with the 

less restrictive state minimum size 

requirement, as long as fishing is 

conducted exclusively within state 

waters. 

* * * * * 

■ 5. In § 648.5, paragraph (a) is revised 

to read as follows: 

§ 648.5 Operator permits. 

(a) General. Any operator of a vessel 

fishing for or possessing: Atlantic sea 

scallops, NE multispecies, spiny 

dogfish, monkfish, Atlantic herring, 

Atlantic surfclam, ocean quahog, 

Atlantic mackerel, squid, butterfish, 

scup, black sea bass, or Atlantic 

bluefish, harvested in or from the EEZ; 

golden tilefish or blueline tilefish 

harvested in or from the EEZ portion of 

the Tilefish Management Unit; skates 

harvested in or from the EEZ portion of 

the Skate Management Unit; or Atlantic 

deep-sea red crab harvested in or from 

the EEZ portion of the Red Crab 

Management Unit, issued a permit, 

including carrier and processing 

permits, for these species under this 

part, must have been issued under this 

section, and carry on board, a valid 

operator permit. An operator’s permit 

issued pursuant to part 622 or part 697 

of this chapter satisfies the permitting 

requirement of this section. This 

requirement does not apply to operators 

of recreational vessels. 

* * * * * 

■ 6. In § 648.6, paragraph (a)(1) is 

revised to read as follows: 

§ 648.6 Dealer/processor permits. 

(a) General. (1) All dealers of NE 

multispecies, monkfish, skates, Atlantic 

herring, Atlantic sea scallop, Atlantic 

deep-sea red crab, spiny dogfish, 

summer flounder, Atlantic surfclam, 

ocean quahog, Atlantic mackerel, squid, 

butterfish, scup, bluefish, golden 

tilefish, blueline tilefish, and black sea 

bass; Atlantic surfclam and ocean 

quahog processors; Atlantic hagfish 

dealers and/or processors, and Atlantic 

herring processors or dealers, as 

described in § 648.2; must have been 

issued under this section, and have in 

their possession, a valid permit or 

permits for these species. 

* * * * * 

■ 7. In § 648.14, paragraph (u) is revised 

to read as follows: 

§ 648.14 Prohibitions. 

* * * * * 

(u) Golden and blueline tilefish. It is 

unlawful for any person owning or 

operating a vessel to do any of the 

following: 

(1) Permit requirements—(i) Operator 

permit. Operate, or act as an operator of, 

a vessel with a tilefish permit, or a 

vessel fishing for or possessing golden 

or blueline tilefish in or from the 

Tilefish Management Unit, unless the 

operator has been issued, and is in 

possession of, a valid operator permit. 

This requirement does not apply to 

operators of private recreational vessels. 

(ii) Dealer permit. Purchase, possess, 

receive for a commercial purpose; or 

attempt to purchase, possess, or receive 

for a commercial purpose; as a dealer, 

or in the capacity of a dealer, golden or 

blueline tilefish that were harvested in 

or from the Tilefish Management Unit, 

without having been issued, and in 

possession of, a valid tilefish dealer 

permit. 

(iii) Vessel permit. (A) Sell, barter, 

trade, or otherwise transfer from a 

vessel; or attempt to sell, barter, trade, 

or otherwise transfer from a vessel; for 

a commercial purpose, other than solely 

for transport on land, any golden or 

blueline tilefish, unless the vessel has 

been issued a commercial tilefish 

permit, or unless the tilefish were 

harvested by a vessel without a 

commercial tilefish permit that fished 

exclusively in State waters. 

(B) Operate a vessel that takes 

recreational fishermen for hire to fish 

for golden or blueline tilefish in the 

Tilefish Management Unit without a 

valid tilefish charter/party vessel 

permit, as required in § 648.4(a)(12)(i). 

(2) Possession and landing. (i) Fish 

for, possess, retain, or land golden or 

blueline tilefish, unless: 

(A) The tilefish are being fished for or 

were harvested in or from the Tilefish 

Management Unit by a vessel holding a 

valid tilefish permit under this part, and 

the operator on board such vessel has 

been issued an operator permit that is 

on board the vessel. 


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(B) The tilefish were harvested by a 

vessel that has not been issued a tilefish 

permit and that was fishing exclusively 

in State waters. 

(C) The tilefish were harvested in or 

from the Tilefish Management Unit by 

a vessel, other than a charter/party 

vessel, that is engaged in recreational 

fishing. 

(ii) Land or possess golden or blueline 

tilefish harvested in or from the Tilefish 

Management Unit, in excess of either: 

(A) The relevant commercial trip limit 

specified at § 648.295, unless possessing 

golden tilefish authorized pursuant to a 

valid tilefish IFQ allocation permit, as 

specified in § 648.294(a). 

(B) The relevant recreational 

possession limit specified at § 648.296, 

if engaged in recreational fishing 

including charter/party vessels. 

(iii) Land golden tilefish harvested in 

or from the Tilefish Management Unit in 

excess of that authorized under a tilefish 

IFQ allocation permit as described at 

§ 648.294(a). 

(iv) Fish for golden or blueline tilefish 

inside and outside of the Tilefish 

Management Unit on the same trip. 

(v) Discard golden tilefish harvested 

in or from the Tilefish Management 

Unit, as defined in § 648.2, unless 

participating in recreational fishing, as 

defined in § 648.2, or while fishing 

subject to a trip limit pursuant to 

§ 648.295(a). 

(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)(2), unless 

fishing under a valid tilefish IFQ 

allocation permit as specified in 

§ 648.294(a), or engaged in recreational 

fishing. 

(vii) Land or possess blueline tilefish 

in or from the Tilefish Management 

Unit, on a vessel issued a valid tilefish 

permit under this part, after the 

commercial blueline tilefish fishery is 

closed pursuant to § 648.295(b)(2), 

unless engaged in recreational fishing. 

(viii) Land or possess 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. 

(3) Transfer and purchase. (i) 

Purchase, possess, or receive for a 

commercial purpose, other than solely 

for transport on land; or attempt to 

purchase, possess, or receive for a 

commercial purpose, other than solely 

for transport on land; golden or blueline 

tilefish caught by a vessel without a 

tilefish permit, unless the tilefish were 

harvested by a vessel without a tilefish 

permit that fished exclusively in State 

waters. 

(ii) Purchase or otherwise receive for 

commercial purposes golden or blueline 

tilefish caught in the EEZ from outside 

the Tilefish Management Unit unless 

otherwise permitted under 50 CFR part 

622. 

(4) Presumption. For purposes of this 

part, the following presumption applies: 

All golden or blueline tilefish retained 

or possessed on a vessel issued any 

permit under § 648.4 are deemed to 

have been harvested in or from the 

Tilefish Management Unit, unless the 

preponderance of all submitted 

evidence demonstrates that such tilefish 

were harvested by a vessel fishing 

exclusively in state waters. 

* * * * * 

■ 8. The heading for subpart N is 

revised to read as follows: 

Subpart N—Management Measures for 

the Golden Tilefish and Blueline 

Tilefish Fisheries 

■ 9. Section 648.290 is revised to read 

as follows: 

§ 648.290 Tilefish Annual Catch Limits 

(ACL). 

(a) Golden tilefish. The Tilefish 

Monitoring Committee shall recommend 

to the MAFMC an ACL for the 

commercial golden tilefish fishery, 

which shall be equal to the ABC 

recommended by the SSC. 

(1) [Reserved] 

(2) Periodicity. The tilefish 

commercial ACL may be established on 

an annual basis for up to three years at 

a time, dependent on whether the SSC 

provides single or multiple-year ABC 

recommendations. 

(b) Blueline tilefish. The Tilefish 

Monitoring Committee shall recommend 

to the MAFMC separate ACLs for the 

commercial and recreational blueline 

tilefish fisheries, the sum total of which 

shall be equal to the ABC recommended 

by the SSC. 

(1) Sector allocations. The ACL for the 

commercial sector of the blueline 

tilefish fishery shall be 27 percent of the 

ABC, and the ACL for the recreational 

sector of the fishery shall be 73 percent 

of the ABC. 

(2) Periodicity. The blueline tilefish 

commercial and recreational ACLs may 

be established on an annual basis for up 

to three years at a time, dependent on 

whether the SSC provides single or 

multiple-year ABC recommendations. 

(c) Performance review. The Tilefish 

Monitoring Committee shall conduct a 

detailed review of golden tilefish and 

blueline tilefish fishery performance 

relative to the appropriate sector ACLs 

at least every 5 years. 

(1) If an ACL is exceeded with a 

frequency greater than 25 percent (i.e., 

more than once in 4 years or in any 2 

consecutive years), the Tilefish 

Monitoring Committee will review 

fishery performance information and 

make recommendations to the MAFMC 

for changes in measures intended to 

ensure ACLs are not as frequently 

exceeded. 

(2) The MAFMC may specify more 

frequent or more specific ACL 

performance review criteria as part of a 

stock rebuilding plan following a 

determination that either the golden 

tilefish or blueline tilefish stock has 

become overfished. 

(3) Performance reviews shall not 

substitute for annual reviews that occur 

to ascertain if prior year ACLs have been 

exceeded, but may be conducted in 

conjunction with such reviews. 

■ 10. Section 648.291 is revised to read 

as follows: 

§ 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 

an ACT 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) Sectors. The ACT shall be less 

than or equal to the ACL. 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. The Tilefish Monitoring 

Committee shall recommend any 

reduction in catch necessary to address 

sector-specific management uncertainty, 

consistent with paragraph (a) of this 

section. 

(2) Periodicity. ACTs may be 

established on an annual basis for up to 

three years at a time, dependent on 

whether the SSC provides single or 

multiple-year ABC recommendations. 

(b) Blueline tilefish. The Tilefish 

Monitoring Committee shall identify 

and review the relevant sources of 

management uncertainty to recommend 

ACTs for the commercial and 

recreational fishing sectors as part of the 


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blueline 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) Sectors. Commercial and 

recreational specific ACTs shall be less 

than or equal to the sector-specific 

ACLs. The Tilefish Monitoring 

Committee shall recommend any 

reduction in catch necessary to address 

sector-specific management uncertainty, 

consistent with paragraph (b) of this 

section. 

(2) Periodicity. ACTs may be 

established on an annual basis for up to 

three years at a time, dependent on 

whether the SSC provides single or 

multiple-year ABC recommendations. 

(c) Performance review. The Tilefish 

Monitoring Committee shall conduct a 

detailed review of golden tilefish and 

blueline tilefish fishery performance 

relative to the appropriate ACTs in 

conjunction with any ACL performance 

review, as outlined in § 648.290(c)(1) 

through (3). 

■ 11. Section 648.292 is revised to read 

as follows: 

§ 648.292 Tilefish specifications. 

(a) Golden Tilefish. The golden 

tilefish fishing year is the 12-month 

period beginning with November 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) requires 

modification to respond to any changes 

to the golden tilefish stock’s biological 

reference points or to ensure that the 

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 TAL will not be exceeded. Based on 

that review, the Monitoring Committee 

will recommend golden tilefish ACL, 

ACT, and TAL 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 a single fishing year or up 

to three 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 

the next fishing year, or up to three 

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. After considering public 

comments, NMFS will publish a final 

rule in the Federal Register to 

implement the golden tilefish ACL, 

ACT, TAL 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 TAL for each fishing year will be 

specified pursuant to paragraph (a)(1) of 

this section. 

(ii) The sum of the TAL and the 

estimated discards shall be less than or 

equal to the ACT. 

(3) TAL allocation. For each fishing 

year, up to three percent of the golden 

tilefish TAL may be set aside for the 

purpose of funding research. Once a 

research amount, if any, is set aside, the 

golden tilefish TAL will first be reduced 

by 5 percent to adjust for the incidental 

catch. The remaining TAL will be 

allocated to the individual IFQ permit 

holders as described in § 648.294(a). 

(4) Adjustments to the quota. If the 

incidental harvest exceeds 5 percent of 

the golden tilefish TAL for a given 

fishing year, the incidental trip limit 

specified at § 648.295(a)(1) 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. 

(5) Research quota. See § 648.22(g). 

(b) Blueline tilefish. The blueline 

tilefish fishing year is the calendar year 

beginning on January 1, annually. 

(1) Recommended measures. Based on 

annual review, the Tilefish Monitoring 

Committee shall recommend to the 

Tilefish Committee of the MAFMC 

measures to ensure that the ACLs 

specified by the process outlined in 

§ 648.290(b), including: 

(i) Total Allowable Landings (TAL) 

for both the commercial and 

recreational sectors for each fishing 

year, where the sum of the TAL and 

sector-specific estimated discards shall 

be less than or equal to the sector ACT; 

(ii) Research quota for both the 

commercial and recreational sectors set 

from a range of 0 to three percent of the 

TAL, as described in paragraph (b)(3) of 

this section; 

(iii) Commercial trip limit; 

(iv) Commercial minimum fish size; 

(v) Recreational possession limit; 

(vi) Recreational minimum fish size; 

(vii) Recreational season; 

(viii) Retention requirements; and/or 

(ix) Any other measure needed to 

ensure the ACLs are not exceeded. 

(2) Annual specification process. The 

Tilefish Committee of the MAFMC shall 

review the recommendations of the 

Tilefish Monitoring Committee. Based 

on these recommendations and any 

public comment received, the Tilefish 

Committee shall recommend to the 

MAFMC the appropriate ACL, ACT, 

TAL, and other management measures 

for the blueline tilefish commercial and 

recreational sectors for a single fishing 

year or up to three 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 blueline tilefish ACLs, 

ACTs, TALs, the percentage of TAL 

allocated to research quota, and any 

management measures to ensure that the 

sector ACLs will not be exceeded, for 

the next fishing year, or up to three 

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 blueline tilefish ACL, ACT, 

TAL and any management measures for 

the blueline tilefish commercial and 

recreational sectors to ensure that the 

sector ACLs will not be exceeded for the 

upcoming fishing year or years. After 

considering public comments, NMFS 

will publish a final rule in the Federal 

Register to implement the blueline 

tilefish commercial and recreational 

ACLs, ACTs, TALs and any 

management measures. The previous 


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year’s specifications will remain 

effective unless revised through the 

specification process and/or the 

research quota process described in 

paragraph (b)(3) of this section. NMFS 

will issue notification in the Federal 

Register if the previous year’s 

specifications will not be changed. 

(3) Research quota. See § 648.22(g). 

■ 12. Section 648.293 is revised to read 

as follows: 

§ 648.293 Tilefish accountability 

measures. 

(a) Golden tilefish—(1) Commercial 

incidental fishery closure. See 

§ 648.295(a)(2). 

(2) Commercial ACL overage 

evaluation. If the golden tilefish ACL is 

exceeded, the amount of the ACL 

overage that cannot be directly 

attributed to IFQ allocation holders 

having exceeded their IFQ allocation 

will be deducted from the golden 

tilefish ACL in the following fishing 

year. All overages directly attributable 

to IFQ allocation holders will be 

deducted from the appropriate IFQ 

allocation(s) in the subsequent fishing 

year, as required by § 648.294(f). 

(b) Blueline tilefish—(1) Commercial 

fishery closure. See § 648.295(b)(2). 

(2) Commercial ACL overage 

evaluation. The commercial sector ACL 

will be evaluated based on a single-year 

examination of total catch (landings and 

discards). 

(i) Commercial landings overage 

repayment. Landings in excess of the 

commercial ACL will be deducted from 

the commercial ACL for the following 

year. 

(ii) Non-landing accountability 

measure. In the event that the 

commercial ACL has been exceeded and 

the overage has not been accommodated 

through the landings-based AM, then 

the exact amount by which the 

commercial ACL was exceeded, in 

pounds, will be deducted, as soon as 

possible, from the applicable 

subsequent single fishing year 

commercial ACL. 

(3) Recreational ACL overage 

evaluation. The recreational sector ACL 

will be evaluated based on a three-year 

moving average comparison of total 

catch (landings and discards). Both 

landings and dead discards will be 

evaluated in determining if the threeyear average recreational sector ACL has 

been exceeded. The three-year moving 

average will be phased in over the first 

three years, beginning with 2017: Total 

recreational total catch from 2017 will 

be compared to the 2017 recreational 

sector ACL; the average total catch from 

both 2017 and 2018 will be compared to 

the average of the 2017 and 2018 

recreational sector ACLs; the average 

total catch from 2017, 2018, and 2019 

will be compared to the average of the 

2017, 2018, and 2019 recreational sector 

ACLs and, for all subsequent years, the 

preceding three-year average 

recreational total catch will be 

compared to the preceding three-year 

average recreational sector ACL. 

(4) Recreational accountability 

measures (AM). If the recreational ACL 

is exceeded, then the following 

procedure will be followed: 

(i) If biomass is below threshold, the 

stock is under rebuilding, or biological 

reference points are unknown. If the 

most recent estimate of biomass is 

below the BMSY threshold (i.e., B/BMSY

is less than 0.5), the stock is under a 

rebuilding plan, or the biological 

reference points (B or BMSY) are 

unknown, and the recreational ACL has 

been exceeded, then the exact amount, 

in pounds, by which the most recent 

year’s recreational catch estimate 

exceeded the most recent year’s 

recreational ACL will be deducted in 

the following fishing year, or as soon as 

possible thereafter, once catch data are 

available, from the recreational ACT, as 

a single-year adjustment. Changes to 

management measures would also be 

considered through the specifications 

process to avoid future overages. 

(ii) If biomass is above the threshold, 

but below the target, and the stock is not 

under rebuilding. If the most recent 

estimate of biomass is above the 

biomass threshold (B/BMSY is greater 

than 0.5), but below the biomass target 

(B/BMSY is less than 1.0), and the stock 

is not under a rebuilding plan, then the 

following AMs will apply: 

(A) If the recreational ACL has been 

exceeded. If the Recreational ACL has 

been exceeded, then adjustments to the 

recreational management measures, 

taking into account the performance of 

the measures and conditions that 

precipitated the overage, will be made 

in the following fishing year, or as soon 

as possible thereafter, once catch data 

are available, as a single-year 

adjustment. 

(B) If the ABC has been exceeded. If 

the ABC has been exceeded, then a 

single-year adjustment to the 

recreational ACT will be made in the 

following fishing year, or as soon as 

possible thereafter, once catch data are 

available, as described below. In 

addition, adjustments to the recreational 

management measures, taking into 

account the performance of the 

measures and conditions that 

precipitated the overage, will be made 

in the following year. 

(1) Adjustment to recreational ACT. If 

an adjustment to the following year’s 

recreational ACT is required, then the 

ACT will be reduced by the exact 

amount, in pounds, of the product of the 

overage, defined as the difference 

between the recreational catch and the 

recreational ACL, and the payback 

coefficient. 

(2) Payback coefficient. The payback 

coefficient is the difference between the 

most recent estimate of biomass and 

BMSY (i.e., BMSY–B) divided by one-half 

of BMSY. 

(iii) If biomass is above target. If the 

most recent estimate of biomass is above 

BMSY (i.e., B/BMSY is greater than 1.0), 

then adjustments to the recreational 

management measures, taking into 

account the performance of the 

measures and conditions that 

precipitated the overage, will be made 

in the following fishing year, or as soon 

as possible thereafter, once catch data 

are available, as a single-year 

adjustment. 

■ 13. In § 648.294, revise the section 

heading and paragraphs (a)(1) and (2), 

(b)(1) introductory text, (b)(4), (e)(3)(ii) 

and (iii), (e)(4) introductory text, (f), (g), 

(h)(1), (h)(2)(ii), and (h)(4)(i) to read as 

follows: 

§ 648.294 Golden tilefish individual fishing 

quota (IFQ) program. 

(a) IFQ allocation permits. (1) After 

adjustments for incidental catch, 

research set-asides, and overages, as 

appropriate, pursuant to § 648.292(a)(3), 

the Regional Administrator shall divide 

the remaining golden tilefish TAL 

among the IFQ quota shareholders who 

held IFQ quota share as of September 1 

of a given fishing year. Allocations shall 

be made by applying the IFQ quota 

share percentages that exist on 

September 1 of a given fishing year to 

the IFQ TAL pursuant to § 648.292(a)(3), 

subject to any deductions for overages 

pursuant to paragraph (f) of this section. 

Amounts of IFQ allocation of 0.5 lb 

(0.23 kg) or smaller created by this 

calculation shall be rounded downward 

to the nearest whole number, and 

amounts of IFQ allocation greater than 

0.5 lb (0.23 kg) shall be rounded upward 

to the nearest whole number, so that 

annual IFQ allocations are specified in 

whole pounds. 

(2) Allocations shall be issued in the 

form of an annual IFQ allocation permit. 

The IFQ allocation permit shall specify 

the quota share percentage held by the 

IFQ allocation permit holder and the 

total pounds of golden tilefish that the 

IFQ allocation permit holder is 

authorized to harvest. 

* * * * * 

(b) Application—(1) General. 

Applicants for a permit under this 

section must submit a completed 


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52860 Federal Register / Vol. 82, No. 219 / Wednesday, November 15, 2017 / Rules and Regulations 

application on an appropriate form 

obtained from NMFS. The application 

must be filled out completely and 

signed by the applicant. Each 

application must include a declaration 

of all interests in IFQ quota shares and 

IFQ allocations, as defined in § 648.2, 

listed by IFQ allocation permit number, 

and must list all Federal vessel permit 

numbers for all vessels that an applicant 

owns or leases that would be authorized 

to possess golden tilefish pursuant to 

the IFQ allocation permit. The Regional 

Administrator will notify the applicant 

of any deficiency in the application. 

* * * * * 

(4) IFQ vessel. All Federal vessel 

permit numbers that are listed on the 

IFQ allocation permit are authorized to 

possess golden tilefish pursuant to the 

IFQ allocation permit until the end of 

the fishing year or until NMFS receives 

written notification from the IFQ 

allocation permit holder that the vessel 

is no longer authorized to possess 

golden tilefish pursuant to the subject 

permit. 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 the 

vessel name and permit number, and 

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. A 

copy of the IFQ allocation permit must 

be carried on board each vessel so 

authorized to possess IFQ golden 

tilefish. 

* * * * * 

(e) * * * 

(3) * * * 

(ii) A transfer of IFQ allocation or 

quota share will not be approved by the 

Regional Administrator if it would 

result in an entity holding, or having an 

interest in, a percentage of IFQ 

allocation exceeding 49 percent of the 

total golden tilefish adjusted TAL. 

(iii) For the purpose of calculating the 

appropriate IFQ cost recovery fee, if the 

holder of an IFQ allocation leases 

additional IFQ allocation, the quantity 

and value of golden tilefish landings 

made after the date the lease is 

approved by the Regional Administrator 

are attributed to the transferred quota 

before being attributed to the allocation 

holder’s base IFQ allocation, if any 

exists. In the event of multiple leases, 

landings would be attributed to the 

leased allocations in the order the leases 

were approved by the Regional 

Administrator. As described in 

paragraph (h) of this section, a tilefish 

IFQ quota share allocation holder shall 

incur a cost recovery fee, based on the 

value of landings of golden tilefish 

authorized under the allocation holder’s 

annual tilefish IFQ allocation, including 

allocation that is leased to another IFQ 

allocation permit holder. 

(4) Application for an IFQ allocation 

transfer. Any IFQ allocation permit 

holder applying for either permanent 

transfer of IFQ quota share or temporary 

transfer of annual IFQ allocation must 

submit a completed IFQ Allocation 

Transfer Form, available from NMFS. 

The IFQ Allocation Transfer Form must 

be submitted to the NMFS Greater 

Atlantic Regional Fisheries Office at 

least 30 days before the date on which 

the applicant desires to have the IFQ 

allocation transfer effective. The 

Regional Administrator shall notify the 

applicants of any deficiency in the 

application pursuant to this section. 

Applications for permanent IFQ quota 

share allocation transfers must be 

received by September 1 to be processed 

and effective before annual IFQ 

allocations are issued for the next 

fishing year. Applications for temporary 

IFQ allocation transfers must be 

received by October 10 to be processed 

for the current fishing year. 

* * * * * 

(f) IFQ allocation overages. If an IFQ 

allocation is exceeded, including by 

amounts of golden tilefish landed by a 

lessee in excess of a temporary transfer 

of IFQ allocation, the amount of the 

overage will be deducted from the IFQ 

shareholder’s allocation in the 

subsequent fishing year(s). If an IFQ 

allocation overage is not deducted from 

the appropriate allocation before the 

IFQ allocation permit is issued for the 

subsequent fishing year, a revised IFQ 

allocation permit reflecting the 

deduction of the overage shall be issued 

by NMFS. If the allocation cannot be 

reduced in the subsequent fishing year 

because the full allocation has already 

been landed or transferred, the IFQ 

allocation permit will indicate a 

reduced allocation for the amount of the 

overage in the next fishing year. 

(g) IFQ allocation acquisition 

restriction. No person or entity may 

acquire more than 49 percent of the 

annual adjusted golden tilefish TAL, 

specified pursuant to § 648.294, at any 

point during a fishing year. For 

purposes of this paragraph, acquisition 

includes any permanent transfer of IFQ 

quota share or temporary transfer of 

annual IFQ allocation. The calculation 

of IFQ allocation for purposes of the 

restriction on acquisition includes IFQ 

allocation interests held by: A company 

in which the IFQ holder is a 

shareholder, officer, or partner; an 

immediate family member; or a 

company in which the IFQ holder is a 

part owner or partner. 

(h) * * * 

(1) Payment responsibility. Each 

tilefish IFQ allocation permit holder 

with quota share shall incur a cost 

recovery fee annually, based on the 

value of landings of golden tilefish 

authorized under his/her tilefish IFQ 

allocation, including allocation that he/ 

she leases to another IFQ allocation 

permit holder. The tilefish IFQ 

allocation permit holder is responsible 

for paying the fee assessed by NMFS. 

(2) * * * 

(ii) Calculating fee percentage. The 

recoverable costs determined by the 

Regional Administrator will be divided 

by the total ex-vessel value of all golden 

tilefish IFQ landings during the cost 

recovery billing period to derive a fee 

percentage. Each IFQ allocation permit 

holder with quota share will be assessed 

a fee based on the fee percentage 

multiplied by the total ex-vessel value 

of all landings under his/her IFQ 

allocation permit, including landings of 

allocation that was leased to another 

IFQ allocation permit holder. 

(A) The ex-vessel value for each 

pound of golden tilefish landed by an 

IFQ allocation permit holder shall be 

determined from Northeast Federal 

dealer reports submitted to NMFS, 

which include the price per pound paid 

to the vessel at the time of dealer 

purchase. 

(B) The cost recovery fee percentage 

shall not exceed three percent of the 

total value of golden tilefish landings, as 

required under section 304(d)(2)(B) of 

the Magnuson-Stevens Act. 

* * * * * 

(4) * * * 

(i) At any time thereafter, notify the 

IFQ allocation permit holder in writing 

that his/her IFQ allocation permit is 

suspended, thereby prohibiting landings 

of tilefish above the incidental limit, as 

specified at § 648.295(a). 

* * * * * 

■ 14. Section 648.295 is revised to read 

as follows: 

§ 648.295 Tilefish commercial trip limits. 

(a) Golden tilefish—(1) Incidental trip 

limit for vessels not fishing under an 

IFQ allocation. Any vessel of the United 

States fishing under a tilefish permit, as 

described at § 648.4(a)(12), is prohibited 

from possessing more than 500 lb (226.8 

kg) of golden tilefish at any time, unless 

the vessel is fishing under a tilefish IFQ 

allocation permit, as specified at 

§ 648.294(a). Any golden tilefish landed 

by a vessel fishing under an IFQ 

allocation permit, on a given fishing 


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Federal Register / Vol. 82, No. 219 / Wednesday, November 15, 2017 / Rules and Regulations 52861 

trip, count as landings under the IFQ 

allocation permit. 

(2) 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 blueline tilefish per 

trip in or from the Tilefish Management 

Unit. Commercial blueline tilefish must 

be landed with head and fins naturally 

attached, but may be gutted. 

(2) In-season closure of the 

commercial fishery. The Regional 

Administrator will monitor the harvest 

of the blueline tilefish commercial TAL 

based on dealer reports and other 

available information, and shall 

determine the date when the blueline 

tilefish commercial TAL will be 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 blueline tilefish commercial 

fishery is closed for the remainder of the 

fishing year. 

■ 15. Section 648.296 is revised to read 

as follows: 

§ 648.296 Tilefish recreational possession 

limits. 

(a) Golden tilefish. 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. 

(b) Blueline tilefish—(1) Private 

recreational vessels. Any person fishing 

from a vessel that is not fishing under 

a tilefish commercial or charter/party 

vessel permit issued pursuant to 

§ 648.4(a)(12), may land up to three 

blueline tilefish per trip. 

(2) Uninspected for-hire vessels. 

Anglers fishing onboard a for-hire vessel 

under a tilefish charter/party vessel 

permit issued pursuant to § 648.4(a)(12), 

which has not been issued a valid U.S. 

Coast Guard Certificate of Inspection 

may land up to five blueline tilefish per 

person per trip. 

(3) Inspected for-hire vessels. Anglers 

fishing onboard a for-hire vessel under 

a tilefish charter/party vessel permit 

issued pursuant to § 648.4(a)(12), which 

has been issued a valid U.S. Coast 

Guard Certificate of Inspection may land 

up to seven blueline tilefish per person 

per trip. 

(c) Enforcement. Tilefish harvested by 

vessels subject to the possession limits 

with more than one person on board 

may be pooled in one or more 

containers. Compliance with the golden 

tilefish possession limit will be 

determined by dividing the number of 

golden tilefish on board by the number 

of persons on board. Compliance with 

the blueline tilefish possession limit 

will be determined by dividing the 

number of blueline tilefish on board by 

the number of persons on board. The 

captain and crew of a party or charter 

boat are not counted in determining the 

possession limit. If there is a violation 

of the possession limit on board a vessel 

carrying more than one person, the 

violation shall be deemed to have been 

committed by the owner and operator of 

the vessel. 

■ 16. In § 648.299, revise paragraphs 

(a)(1)(xix), (xx), and (xxi) and add 

paragraphs (a)(1)(xxii) and (xxiii) to read 

as follows: 

§ 648.299 Tilefish framework 

specifications. 

(a) * * * 

(1) * * * 

(xix) Recreational management 

measures, including the bag limit, 

minimum fish size limit, seasons, and 

gear restrictions or prohibitions; 

(xx) Golden tilefish IFQ program 

review components, including capacity 

reduction, safety at sea issues, 

transferability rules, ownership 

concentration caps, permit and 

reporting requirements, and fee and 

cost-recovery issues; 

(xxi) Blueline tilefish recreational 

permitting and reporting requirements 

previously considered by the MAFMC; 

and 

(xxii) Blueline tilefish allocations to 

the commercial and recreational sectors 

of the fishery within the range of 

allocation alternatives considered by the 

MAFMC in Amendment 6. 

(xxiii) Measures that require 

significant departures from previously 

contemplated measures or that are 

otherwise introducing new concepts 

may require a formal amendment of the 

FMP instead of a framework adjustment. 

* * * * * 

[FR Doc. 2017–24710 Filed 11–14–17; 8:45 am] 

BILLING CODE 3510–22–P 


sradovich on DSK3GMQ082PROD with RULES