Proposed Rule2025-05495
Fisheries of the Northeastern United States; Mid-Atlantic Blueline Tilefish and Golden Tilefish Fisheries; 2025-2027 Golden Tilefish Specifications and 2025 Blueline Tilefish Specifications
Primary source
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Published
April 1, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In this action, NMFS proposes specifications for the 2025 fishing year for the golden tilefish and blueline tilefish fisheries north of the North Carolina/Virginia border and projects specifications for the 2026 and 2027 golden tilefish fishery. The proposed action is necessary to establish allowable harvest levels and other management measures to prevent overfishing while allowing optimum yield, consistent with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and the Tilefish Fishery Management Plan (FMP).
Full Text
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<title>Federal Register, Volume 90 Issue 61 (Tuesday, April 1, 2025)</title>
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[Federal Register Volume 90, Number 61 (Tuesday, April 1, 2025)]
[Proposed Rules]
[Pages 14350-14352]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05495]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 250326-0054]
RIN 0648-XE313
Fisheries of the Northeastern United States; Mid-Atlantic
Blueline Tilefish and Golden Tilefish Fisheries; 2025-2027 Golden
Tilefish Specifications and 2025 Blueline Tilefish Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: In this action, NMFS proposes specifications for the 2025
fishing year for the golden tilefish and blueline tilefish fisheries
north of the North Carolina/Virginia border and projects specifications
for the 2026 and 2027 golden tilefish fishery. The proposed action is
necessary to establish allowable harvest levels and other management
measures to prevent overfishing while allowing optimum yield,
consistent with the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) and the Tilefish Fishery
Management Plan (FMP).
DATES: Comments must be received on April 16, 2025.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2025-0018, by any of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-NMFS-2025-0018 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter
[[Page 14351]]
``N/A'' in the required fields if you wish to remain anonymous).
Copies of the supporting documents for these proposed
specifications 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: Matthew Rigdon,
<a href="/cdn-cgi/l/email-protection#44292530302c21336a362d23202b2a042a2b25256a232b32"><span class="__cf_email__" data-cfemail="ea878b9e9e828f9dc498838d8e8584aa84858b8bc48d859c">[email protected]</span></a>, 978-281-9336.
SUPPLEMENTARY INFORMATION:
Background
The golden tilefish and blueline tilefish fisheries north of the
North Carolina/Virginia border are managed under the Tilefish Fishery
Management Plan (FMP), which outlines the process for establishing
annual specifications. The Tilefish FMP requires the Mid-Atlantic
Fishery Management Council (Council) to recommend acceptable biological
catch (ABC), annual catch limit (ACL), annual catch target (ACT), total
allowable landings (TAL), and other management measures for the
commercial and recreational sectors of the fisheries. The Council's
Scientific and Statistical Committee (SSC) provides ABC recommendations
for both species to the Council to derive these catch limits. The
Council makes recommendations to NMFS that cannot exceed the SSC's ABC
recommendation. The Council's recommendations must include supporting
documentation concerning the environmental, economic, and social
impacts of the recommendations. NMFS reviews these recommendations and,
if they are approved, publishes the specifications in the Federal
Register.
Proposed Specifications
This action proposes to institute primarily status quo blueline
tilefish management measures and specifications for 2025, with a lower
commercial TAL reduced by the commercial overage in 2024. Consistent
with the recommendations of the Council, we set specifications for
2019-2021 based on a 2017 benchmark stock assessment of the blueline
tilefish population along the entire East Coast conducted through the
Southeast Data, Assessment, and Review (SEDAR) process. On the basis of
the Council's recommendation, we continued status quo measures for
2022-2024, as no new data or information was available to suggest
changes (87 FR 66245; November 3, 2022). The Council has recommended
continued blueline tilefish status quo measures (adjusted for the 2024
commercial overage) for a single additional year as the SEDAR
operational stock assessment for blueline tilefish is currently ongoing
with results expected in 2025. This new assessment would inform
specifications for 2026 and future fishing years. Preliminary analysis
indicates commercial landings exceeded the 2024 ACL by 5,975 pounds
(lb; 2.7 metric tons (mt)). The regulations require an overage to be
deducted in the following year. The resulting proposed specifications
recommended are summarized in table 1.
Table 1--Proposed Blueline Tilefish Specifications for 2025 With 2024 Specifications for Comparison
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Specification 2024 2025
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ABC--North of NC/VA line......... 100,520 lb (45.6 mt).................. 100,520 lb (45.6 mt).
Recreational ACL................. 73,380 lb (33.3 mt)................... 73,380 lb (33.3 mt).
Recreational TAL................. 71,912 lb (32.6 mt)................... 71,912 lb (32.6 mt).
Commercial ACL................... 27,140 lb (12.3 mt)................... 27,140 lb (12.3 mt).
Overage Adjustment............... -4,470 lb (2.0 mt).................... -5,975 lb (-2.7 mt).
Adjusted Commercial ACL.......... 22,670 lb (10.3 mt)................... 21,165 lb (9.6 mt).
Commercial TAL................... 22,399 lb (10.2 mt)................... 20,894 lb (9.5 mt).
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The directed golden tilefish fishery is managed under an individual
fishing quota (IFQ) program, with a small amount of non-IFQ catch
allowed under an incidental permit. This action would implement 2025
and project 2026 and 2027 specifications for golden tilefish. The
Council's recommended 2025-2027 specifications are based on the results
of the golden tilefish management track stock assessment completed in
2024. We are implementing a constant-ABC approach, which members of the
golden tilefish fishing industry have historically supported, and
proposing the specifications for golden tilefish detailed in table 2.
Table 2--Proposed Golden Tilefish Specifications for 2025-2027 With 2024 Specifications for Comparison
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Specification 2024 2025-2027
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ABC.............................. 1,964,319 lb (891 mt)................. 1,878,338 lb (852 mt).
ACL.............................. 1,964,319 lb (891 mt)................. 1,878,338 lb (852 mt).
IFQ ACT.......................... 1,763,478 lb (800 mt)................. 1,733,109 lb (786 mt).
Incidental ACT................... 92,815 lb (42 mt)..................... 91,216 lb (41 mt).
IFQ TAL.......................... 1,763,478 lb (800 mt)................. 1,728,590 lb (784 mt).
Incidental TAL................... 75,410 lb (34 mt)..................... 68,949 lb (31 mt).
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This action would not change the landing limits for non-IFQ
commercial fisheries. A vessel fishing under a non-IFQ Federal
commercial tilefish vessel permit would continue to be prohibited from
possessing more than 500 lb (227 kilograms (kg)) of gutted golden
tilefish at any time, or 50 percent, by weight, of the total of all
species, including golden tilefish, being landed (whichever is less).
This landing limit does not apply to a vessel authorized to land golden
tilefish under a Tilefish IFQ permit. A vessel fishing under a non-IFQ
commercial tilefish permit would also continue to be prohibited from
possessing more than 500 lb (227 kg) of gutted blueline tilefish per
trip. If 70 percent of the blueline tilefish commercial TAL is landed,
the Regional Administrator may reduce the blueline tilefish possession
limit to 300 lb (136 kg).
This action would not change the recreational management measures
for golden or blueline tilefish. Any vessel used to fish recreationally
for golden or
[[Page 14352]]
blueline tilefish must have the appropriate Federal vessel permit.
Boats used to take anglers for hire must have the Charter/Party
Tilefish Permit, while private recreational vessels need to have the
Private Recreational Tilefish Permit. Both permit types require the
submission of vessel trip reports. Additional information about
permitting and reporting requirements is available from the Greater
Atlantic Regional Fisheries Office's Permits Office at (978) 282-8438
or <a href="/cdn-cgi/l/email-protection#93ddded5c0bdd4d2c1bdc3f6e1fefae7e0d3fdfcf2f2bdf4fce5"><span class="__cf_email__" data-cfemail="7e3033382d50393f2c502e1b0c13170a0d3e10111f1f50191108">[email protected]</span></a>.
The 2025 fishing year for golden tilefish and blueline tilefish
began on January 1, 2025. The regulations include rollover provisions
for both species that allow the fisheries to operate under status quo
specifications until new specifications are finalized.
Classification
NMFS is issuing this proposed rule pursuant to section 305(d) of
the Magnuson Stevens Act (16 U.S.C. 1855(d)). The reason for using this
regulatory authority for this action is that in a previous action taken
pursuant to section 304(b) of the Magnuson-Stevens Act (16 U.S.C.
1854(b)), the FMP and implementing regulations created the process by
which specifications are developed through a NMFS rulemaking process
distinct from that of 304(b). See 50 CFR 648.292. As such, NMFS is
issuing this rulemaking pursuant to section 305(d). The NMFS Assistant
Administrator has determined that this proposed rule is consistent with
the Tilefish FMP, other provisions of the Magnuson-Stevens Act, and
other applicable law, subject to further consideration after public
comment.
The Magnuson-Stevens Act requires publication of proposed
regulations in the Federal Register with a public comment period of 15
to 60 days. NMFS finds that a 15-day comment period for this action
provides a reasonable opportunity for public participation in this
action pursuant to Administrative Procedure Act section 553(c) (5
U.S.C. 553(c)), while also ensuring that the final specifications are
in place as soon as possible, since the 2025 fishing year is already
underway. This is a routine specifications action that occurs every
year, and stakeholder and industry groups have been involved with the
development of this action and have participated in public meetings
throughout their development over the past year. A longer comment
period here would be contrary to the public interest, as it could
extend this rulemaking even further into the 2025 fishing year,
increasing confusion in the tilefish industry around current quotas.
This proposed 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 that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
For Regulatory Flexibility Act purposes, NOAA's National Marine
Fisheries Service has established a size standard for small businesses,
including their affiliated operations, whose primary industry is
commercial fishing (see 50 CFR 200.2). A business primarily engaged in
commercial fishing (NAICS code 11411) is classified as small if it is
independently owned and operated, is not dominant in its field of
operation (including its affiliates), and has combined annual receipts
not in excess of $11.0 million for all its affiliated operations
worldwide. The Small Business Administration has established size
standards for all other major industry sectors in the United States,
including defining for-hire fishing firms (NAICS code 487210) as small
when their receipts are less than or equal to $8 million.
According to the ownership database, 180 affiliate commercial
fishing firms landed golden tilefish and/or blueline tilefish during
the 2019-2023 period, with 175 of those business affiliates categorized
as small businesses and 5 categorized as large businesses. During this
period, 515 primarily for-hire affiliates were identified as
potentially affected by this action based on the definitions above. All
515 of these for-hire affiliates were categorized as small businesses.
The proposed specifications are slightly lower for blueline
tilefish due to a commercial overage in the prior year and slightly
lower for golden tilefish, with the relevant 2025 TALs only 6.7 and 1.9
percent lower, respectively, than in 2024. Recreational measures are
not proposed to be changed. These measures are not expected to affect
the number or timing of fishing trips for either the commercial or the
for-hire sectors of the fishery, and no measures that would have a
direct effect on the number, timing, or scope of fishing operations are
being changed. Therefore, this action will not have a significant
economic impact on a substantial number of small entities. As a result,
an initial regulatory flexibility analysis is not required and none has
been prepared. This proposed rule contains no information collection
requirements under the Paperwork Reduction Act of 1995.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 26, 2025.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2025-05495 Filed 3-31-25; 8:45 am]
BILLING CODE 3510-22-P
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