Rule2022-24540
Fisheries of the Northeastern United States; Mid-Atlantic Golden Tilefish Fishery; Framework Adjustment 7 to Tilefish Fishery Management Plan
Primary source
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Published
November 10, 2022
Effective
November 9, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This rule implements Framework Adjustment 7 to the Tilefish Fishery Management Plan, which includes specifications for the golden tilefish fishery for fishing years 2022-2024, a change to the annual specifications process, and a change to the start of the golden tilefish fishing year. This action is necessary to establish allowable harvest levels and other management measures to prevent overfishing while allowing optimum yield. This action is intended to ensure measures are based on the best scientific information available and increase flexibility, where possible, for the tilefish fishery.
Full Text
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<title>Federal Register, Volume 87 Issue 217 (Thursday, November 10, 2022)</title>
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[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Rules and Regulations]
[Pages 67830-67832]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24540]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 221104-0234]
RIN 0648-BL55
Fisheries of the Northeastern United States; Mid-Atlantic Golden
Tilefish Fishery; Framework Adjustment 7 to Tilefish Fishery Management
Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This rule implements Framework Adjustment 7 to the Tilefish
Fishery Management Plan, which includes specifications for the golden
tilefish fishery for fishing years 2022-2024, a change to the annual
specifications process, and a change to the start of the golden
tilefish fishing year. This action is necessary to establish allowable
harvest levels and other management measures to prevent overfishing
while allowing optimum yield. This action is intended to ensure
measures are based on the best scientific information available and
increase flexibility, where possible, for the tilefish fishery.
DATES: This rule is effective November 9, 2022.
ADDRESSES: Copies of the Environmental Assessment prepared for Tilefish
Framework Adjustment 7, and other supporting documents for this action,
are available from Dr. Christopher M. Moore, Executive Director, Mid-
Atlantic Fishery Management Council, 800 North State Street, Suite 201,
Dover, DE 19901. These documents are also accessible via the internet
at <a href="https://www.mafmc.org">https://www.mafmc.org</a>.
FOR FURTHER INFORMATION CONTACT: Laura Hansen, Fishery Management
Specialist, (978) 281-9225.
SUPPLEMENTARY INFORMATION:
Background
The Mid-Atlantic Fishery Management Council (Council) manages the
golden tilefish fishery under the Tilefish Fishery Management Plan
(FMP), which outlines the Council's process for establishing annual
specifications. The FMP requires the Council to recommend acceptable
biological catch (ABC), an annual catch limit (ACL), an annual catch
target (ACT), total allowable landings (TAL), and other management
measures, currently for up to 3 years at a time. The directed
commercial fishery is managed under an individual fishing quota (IFQ)
program, with small amounts of non-IFQ catch allowed under an
incidental permit. Detailed background information regarding the
development of the 2022-2024 specifications for this fishery was
provided in the proposed rule for this action (87 FR 56393; September
14, 2022), and is not repeated here.
2022-2024 Fishery Specifications
In 2020, the Council set specifications for 2021 and interim
specifications for 2022. This action revises the 2022 golden tilefish
ABC with a 20-percent increase from the interim 2022 specifications,
maintains a constant ABC for 2023, and projects the same ABC for 2024.
The 20 percent increase was based on the 2021 management track stock
assessment and recommendations from the Scientific and Statistical
Committee and Tilefish Monitoring Committee. This action makes no
changes to the current recreational bag limit or the commercial/
incidental trip limit. NMFS will publish a notice in the Federal
Register before the 2024 fishing year notifying the public of the final
specifications.
Table 1--Final 2022 and 2023 and Projected 2024 Specifications
------------------------------------------------------------------------
------------------------------------------------------------------------
ABC.......................... 1,964,319 lb (891 mt).
ACL.......................... 1,964,319 (891 mt).
IFQ fishery ACT.............. 1,763,478 (800 mt).
Incidental fishery ACT....... 92,815 (42 mt).
IFQ fishery TAL = ACT (no 1,763,478 lb (800 mt).
discards permitted in
fishery).
Incidental fishery TAL = 75,410 lb (42 mt).
Incidental fishery ACT--
discards.
Incidental Trip Limit........ 500 lb (226.8 kg) or 50 percent, by
weight, of all fish, including golden
tilefish, on board the vessel, whichever
is less.
[[Page 67831]]
Recreational Bag Limit....... 8-fish recreational bag-size limit per
angler, per trip.
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Multi-Year Specifications
This action modifies the annual specifications process, so that
multi-year specifications can be set for up to the maximum number of
years needed to be consistent with the Northeast Region Coordinating
Council-approved stock assessment schedule. Multi-year regulations have
been implemented for all fisheries managed by the Council to relieve
some of the administrative demands on the Council and NMFS associated
with annual specification requirements. Longer-term specifications also
provide greater regulatory consistency and predictability to the
fishing sectors. This action provides additional flexibility as
specifications could be set to cover the time period until a new golden
tilefish stock assessment is available. Stock assessments provide
critical information for setting specifications and, in the period
between assessments, there often is no new information that would lead
to changes to annual specifications. The Council will continue its
process of reviewing multi-year specifications each year to determine
if any modifications are necessary.
Fishing Year Timing
This action changes the fishing year to match the calendar year and
starts on January 1. Changing the fishing year to the calendar year
will match the period used in the stock assessments and the cost
recovery program for the golden tilefish IFQ fishery. The 2022 fishing
year, which started on November 1, 2021, will continue through December
31, 2022. The 2022 fishing year would be a 14-month year and IFQ permit
holders will receive additional allocation because of the 20-percent
increase to the 2022 ABC. IFQ permit holders would start with a new
allocation at the start of the 2023 fishing year on January 1, 2023,
based on the revised 2023 ABC. The 2023 fishing year, and all
subsequent fishing years, will begin on January 1 and end on December
31.
Comments
On September 14, 2022, we published a proposed rule (87 FR 56393)
requesting comment on the measures in Tilefish Framework Adjustment 7.
The comment period was open through September 29, 2022. We received
three public comments. One comment was not relevant to this rule.
Comment 1: One commenter supported the administrative changes, but
opposed the increased ABC. The commenter noted that a constant harvest
strategy is a better approach and avoids, ``whiplash'' quotas for the
fishery.
Response: To account for potential uncertainties in the assessment
projections, the Council adopted an Annual Catch Target that is more
conservative. This provides stability in the annual specifications and
reduce the risk of wide fluctuations in quotas. Maintaining the status
quo would have prevented achieving optimum yield based on the most
recent assessment information for this stock and would likely have
unnecessarily disadvantaged smaller quota shareholders. The small
increase implemented in this action balances the need to achieve
optimum yield, while still minimizing variability and providing
stability for the fishery.
Comment 2: One comment opposed the 8-fish recreational bag limit
and recommended a lower bag limit of 4-6 fish as tilefish grow slowly
and anglers rarely catch the current limit.
Response: The Monitoring Committee considered changing the bag
limit, but opted not to because recreational landings are not included
in the stock assessment model and because we did not change the bag
limit when the quota dropped a few years ago. The bag limit is expected
to help the fishery achieve the quota, and these measures are expected
to maintain catch within the quota. The recreational bag limit also has
not changed since it was first implemented by Amendment 1. In the final
rule for Amendment 1, 8 fish was selected as the upper range of the
mean effort in 1996-2005. Since that time, the mean effort numbers have
tended to be in the range of 3-4 fish per angler, which indicates the
8-fish bag limit is not generally achieved and reducing it might not
result in increased conservation. In addition, the 8-fish limit is
valuable to party/charter owners who are trying to attract patrons for
these long-duration trips offshore and the potential to take home 8
fish.
Changes From the Proposed Rule
The proposed rule inadvertently omitted the amendatory language to
update the definition of `Fishing Year' at 50 CFR 648.2 to reflect the
corresponding proposed change to the golden tilefish fishing year. This
final rule corrects this oversight. There are no other changes from the
proposed rule.
Classification
Pursuant to section 304(b)(3) of the Magnuson Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), the NMFS
Assistant Administrator (AA) has determined that this final rule is
consistent with Framework Adjustment 7 to the Tilefish FMP,
There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in effective date and make the rule effective upon filing with
the Office of the Federal Register. This rule changes the end of the
fishing year to December 31 and extends the 2022 fishing year. Making
this rule effective upon filing will allow additional time for IFQ
permit holders to fully use the additional quota they will receive as a
result of increasing their 2022 allocations. For these reasons, NMFS
finds that a 30-day delay in effectiveness would be contrary to the
public interest.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: November 7, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
648 as follows:
[[Page 67832]]
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.2, revise the ``Fishing year'' definition to read as
follows:
Sec. 648.2 Definitions.
* * * * *
Fishing year means:
(1) For the Atlantic deep-sea red crab fishery, from March 1
through the last day of February of the following year.
(2) Beginning in 2018, for the Atlantic sea scallop fishery, from
April 1 through March 31 of the following year (for 2017, the Atlantic
sea scallop fishing year will be from March 1, 2017, through March 31,
2018).
(3) For the NE multispecies, monkfish and skate fisheries, from May
1 through April 30 of the following year.
(4) For all other fisheries in this part, from January 1 through
December 31.
* * * * *
0
3. In Sec. 648.292, revise paragraph (a) introductory text and
paragraph (a)(1) to read as follows:
Sec. 648.292 Tilefish specifications.
(a) Golden Tilefish. The golden tilefish fishing year is the 12-
month period beginning with January 1, annually.
(1) Annual specification process. The Tilefish Monitoring Committee
shall review the ABC recommendation of the SSC, golden tilefish
landings and discards information, and any other relevant available
data to determine if the golden tilefish ACL, ACT, or total allowable
landings (TAL) for the IFQ and/or incidental sectors of the fishery
require modification to respond to any changes to the golden tilefish
stock's biological reference points or to ensure any applicable
rebuilding schedule is maintained. The Monitoring Committee will
consider whether any additional management measures or revisions to
existing measures are necessary to ensure that the IFQ and/or
incidental TAL will not be exceeded. Based on that review, the
Monitoring Committee will recommend the golden tilefish ACL, ACTs, and
TALs to the Tilefish Committee of the MAFMC. Based on these
recommendations and any public comment received, the Tilefish Committee
shall recommend to the MAFMC the appropriate golden tilefish ACL, ACT,
TAL, and other management measures for both the IFQ and the incidental
sectors of the fishery for a single fishing year or up to the maximum
number of years needed to be consistent with the Northeast Regional
Coordinating Council-approved stock assessment schedule. The MAFMC
shall review these recommendations and any public comments received,
and recommend to the Regional Administrator, at least 120 days prior to
the beginning of the next fishing year, the appropriate golden tilefish
ACL, ACT, TAL, the percentage of TAL allocated to research quota, and
any management measures to ensure that the TAL will not be exceeded,
for both the IFQ and the incidental sectors of the fishery, for the
next fishing year, or up to the maximum number of fishing years
consistent with the Northeast Regional Coordinating Council-approved
stock assessment schedule. The MAFMC's recommendations must include
supporting documentation, as appropriate, concerning the environmental
and economic impacts of the recommendations. The Regional Administrator
shall review these recommendations and, after such review, NMFS will
publish a proposed rule in the Federal Register specifying the annual
golden tilefish ACL, ACT, TAL, and any management measures to ensure
that the TAL will not be exceeded for the upcoming fishing year or
years for both the IFQ and the incidental sectors of the fishery. After
considering public comments, NMFS will publish a final rule in the
Federal Register to implement the golden tilefish ACL, ACTs, TALs and
any management measures. The previous year's specifications will remain
effective unless revised through the specification process and/or the
research quota process described in paragraph (a)(5) of this section.
NMFS will issue notification in the Federal Register if the previous
year's specifications will not be changed.
* * * * *
[FR Doc. 2022-24540 Filed 11-9-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on November 10, 2022.
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