[Federal Register Volume 79, Number 209 (Wednesday, October 29, 2014)]
[Rules and Regulations]
[Pages 64330-64333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25741]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 140822715-4882-02]
RIN 0648-BE37
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Tilefish
Fishery; 2015-2017 Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues final specifications for the commercial
[[Page 64331]]
tilefish fishery for the 2015, 2016, and 2017 fishing years. This
action establishes the acceptable biological catch, annual catch limit,
total allowable landings, and harvest allocations for the individual
fishing quota and incidental fishery components of the commercial
tilefish fishery. The intent of this action is to establish allowable
harvest levels and other management measures to prevent overfishing
while allowing optimum yield, consistent with the Magnuson-Stevens
Fishery Conservation and Management Act and the Tilefish Fishery
Management Plan.
DATES: Effective November 1, 2014.
ADDRESSES: Copies of the specifications document, including the
Environmental Assessment (EA) and Initial Regulatory Flexibility
Analysis (IRFA) are available upon request from the Mid-Atlantic
Fishery Management Council, 800 North State Street, Suite 201, Dover,
DE 19901. The specifications document is also accessible via the
Internet at: www.greateratlantic.fisheries.noaa.gov. The Final
Regulatory Flexibility Analysis (FRFA) consists of the IRFA, public
comments and responses contained in this final rule, and the summary of
impacts and alternatives contained in this final rule. Copies of the
small entity compliance guide are available from John K. Bullard,
Regional Administrator, Greater Atlantic Region, National Marine
Fisheries Service, 55 Great Republic Drive, Gloucester, MA 01930-2298.
FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst,
978-281-9341.
SUPPLEMENTARY INFORMATION:
Background
The tilefish fishery is managed by the Mid-Atlantic Fishery
Management Council under the Tilefish Fishery Management Plan (FMP).
The management unit specified in the Tilefish FMP is all tilefish
(Lopholatilus chamaeleonticeps) under U.S. jurisdiction in the Atlantic
Ocean north of the Virginia/North Carolina border. Regulations
implementing the Tilefish FMP appear at 50 CFR part 648, subparts A and
N. The FMP and its implementing regulations detail the Council's
process for establishing specifications. Fishery specifications for
tilefish include catch and landing limits for the commercial tilefish
fishery. All requirements of the Magnuson-Stevens Fishery Conservation
and Management Act, including the 10 national standards, also apply to
specifications.
Detailed background information regarding the status of the
tilefish stock and the development of the 2015-2017 specifications for
this fishery was provided in the proposed rule to implement these
specifications (September 3, 2014; 79 FR 52293). That information is
not repeated here.
This action specifies the allowed harvest limits for the commercial
tilefish fishery for the 2015, 2016, and 2017 fishing years. The total
allowable landings (TAL) for the commercial fishery are divided between
Individual Fishing Quota (IFQ) shareholders, which are allocated 95
percent of the TAL, and the incidental fishery, which receives 5
percent of the TAL. Table 1 contains the harvest quotas implemented by
this action.
Table 1--Summary of 2015, 2016, and 2017 Harvest Limits for Tilefish Relative to 2014 Limits
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2014 2015 2016 2017
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Overfishing Limit (OFL)................. NA 989 mt 1,063 mt 1,091 mt
Acceptable Biological Catch (ABC)....... 913 mt 801 mt 861 mt 861 mt
Annual Catch Limit (ACL)................ 913 mt 801 mt 861 mt 861 mt
Total Allowable Landings (TAL).......... 905 mt 796 mt 856 mt 856 mt
Individual Fishing Quota (IFQ) Fishery 1,895,250 lb 1,667,136 lb 1,792,799 lb 1,792,799 lb
\1\.................................... (859,671 kg) (756,200 kg) (813,200 kg) (813,200 kg)
Incidental Fishery\1\................... 99,750 lb 87,744 lb 94,357 lb 94,357 lb
(45,246 kg) (39,800 kg) (42,800 kg) (42,800 kg)
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\1\ Kg are converted from lb, and may not necessarily add exactly due to rounding.
The Council recommended the same quota for 2017 as for 2016,
because, even though stock assessment projections indicate that the
quota could be increased slightly, the Tilefish FMP has used a constant
landings management strategy since it was implemented in 2001. The
tilefish industry has been supportive of this approach, and stated that
they benefit from the predictability that a stable quota provides. At
the urging of the tilefish industry, and because the lower harvest in
2017 would likely support further growth in this stock, the Council
decided that the value of quota stability between 2016 and 2017
outweighed the potential gain from the small amount of quota increase
that could have been realized in 2017. As in previous years, no
tilefish quota has been allocated for research set-aside. The Council
has the opportunity to review updated information on the status of the
tilefish fishery each year, and may choose to recommend changes to
these specifications before the 2016 or 2017 fishing years.
The regulation at Sec. 648.292(b)(1) specifies that the TAL for
each fishing year will be 1.995 million lb (905,172 kg), unless
modified by the specifications process. If not changed, this default
value in the regulations may be confusing, because this action is
establishing different TALs for 2015, 2016, and 2017 that would not
appear in the regulations. To avoid confusion, this action revises the
regulations to remove this reference to a specific TAL value.
Comments and Responses
The public comment period for the proposed rule ended on September
18, 2014. One comment was received on the proposed rule.
Comment: The commenter recommended a more drastic cut in harvest
quotas and claimed widespread corruption and collusion between NMFS and
the commercial fishing industry.
Response: The commenter presented no clear rationale or evidence
supporting the claims. The most recent assessment determined that the
tilefish stock is neither overfished, nor subject to overfishing. The
Council's recommended harvest quotas were set below the potential
harvest limit from the stock assessment in order to account for any
scientific uncertainty. Therefore, there is no scientific basis for
making changes to the quotas based on this comment. NMFS used the best
scientific information available and is approving specifications for
the tilefish fishery that are consistent with the FMP, all applicable
legal requirements, and the recommendations of the Council.
[[Page 64332]]
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
Assistant Administrator for Fisheries, NOAA, has determined that this
final rule is consistent with the Tilefish FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law.
There is good cause under 5 U.S.C. 553(d)(3) to establish an
effective date less than 30 days after date of publication. Avoiding a
delay in effectiveness past the start of the 2015 fishing year would
avoid confusion and potential economic harm to the commercial tilefish
industry. The 2015 tilefish fishing year starts on November 1, 2014. If
new specifications are not effective on that date, the regulations at
Sec. 648.292(a) state the current harvest quotas would automatically
continue into the new fishing year. Therefore, NMFS would be required
to issue initial IFQ permits using the 2014 quota amount, and then
reissue those permits using the lower 2015 quota once this rule became
effective. Representatives of the commercial tilefish industry have
been active participants in the Council's development of these
specifications, and are anticipating the 2015 quota amount implemented
by this action. Issuing two sets of permits based on different quota
amounts in a short period of time could cause unnecessary confusion and
paperwork for the commercial tilefish industry. If IFQ shareholders
fished or leased their allocation in the interim, they could be
responsible for a quota overage once the new 2015 quotas became
effective. Under the regulations, such an overage would need to be paid
back in the following fishing year, which would decrease fishing
opportunities in 2016. Because the Council did not submit the EA until
late June, NMFS was unable to prepare this rule earlier while still
allowing for an appropriate comment period. However, NMFS must also
consider the need of the tilefish industry to have adequate prior
notice of changes in the harvest quota. As noted above, the commercial
tilefish industry has been a participant in the Council's process of
developing these specifications and is anticipating these measures.
Therefore, the benefits of implementing these quota specifications on
November 1, 2014, outweigh the benefit of the 30-day delay in
effectiveness.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
This final rule does not duplicate, conflict, or overlap with any
existing Federal rules.
The FRFA included in this final rule was prepared pursuant to 5
U.S.C. 604(a), and incorporates the IRFA, a summary of the significant
issues raised by the public comments in response to the IRFA, NMFS's
responses to those comments, and a summary of the analyses completed to
support the action. A copy of the EA/IRFA is analysis is available from
the Council (see ADDRESSES).
The preamble to the proposed rule included a detailed summary of
the analyses contained in the IRFA, and that discussion is not repeated
here.
Final Regulatory Flexibility Analysis
Statement of Objective and Need
A description of the reasons why this action is being taken, and
the objectives of and legal basis for this final rule are contained in
the preambles to the proposed rule and this final rule and are not
repeated here.
Summary of Significant Issues Raised in Public Comment
One comment was submitted on the proposed rule. However, it was not
specific to the IRFA or to the economic impacts of the rule more
generally. No changes were made from the proposed rule.
Description and Estimate of Number of Small Entities To Which the Rule
Will Apply
The Small Business Administration (SBA) defines a small business in
the commercial harvesting sector as a firm with receipts (gross
revenues) of up to $20.5 million for finfish businesses. A small
business in the recreational fishery (i.e., party or charter vessel
operations) is a firm with receipts of up to $7.5 million. The 2015,
2016, and 2017 tilefish quotas could affect any vessel holding an
active Federal permit for tilefish. Vessel permit data show that in
2013 there were 1,827 vessels that held a valid commercial tilefish
permit and 393 vessels held a valid party/charter tilefish permit.
However, not all of those vessels are active participants in the
fishery. According to dealer-reported landings data, 141 vessels landed
tilefish in fishing year 2013. In addition, according to vessel trip
report data, 25 party/charter vessels reported catching tilefish in
2013. Changes in quotas under this action are not expected to affect
the effort of vessels that land tilefish incidentally (e.g., otter
trawl vessels) because the catch and/or landings of tilefish
incidentally occur as these vessels target other species, and their
fishing behavior is not expected to be driven by the level of the
incidental tilefish quota.
Some of the vessels with tilefish permits may be considered to be
part of the same firm because they may have the same owners. Firms are
classified as finfish or for-hire firms based on the activity from
which they derive the most revenue. All of the party/charter firms fall
within the definition of a small business according to the 2010-2012
average revenues; however, some of these firms also landed tilefish
commercially. If the contribution of tilefish commercial receipts is
more than 50 percent of the total, the party/charter firm is considered
a commercial operation. Using the $20.5 million cutoff for commercial
finfish firms, there are 190 firms that are small and 4 that are large
assuming average revenues for the 2010-2012 period. The majority of the
permitted vessels readily fall within the definition of small business.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
No additional reporting, recordkeeping, or other compliance
requirements are included in this final rule.
Description of the Steps Taken To Minimize Economic Impact on Small
Entities
Specification of commercial quota is constrained by the
conservation objectives of the FMP and the Magnuson-Stevens Act. The
2015 TAL contained in this final rule is 12 percent lower than the 2014
TAL, while the 2016 and 2017 TALs are 9 percent lower. However, this is
the result of the Council's risk policy, which requires an appropriate
buffer between the OFL and ABC that, in turn, lowers the TAL compared
to 2014. Therefore, these lower catch levels in 2015 are consistent
with the best available scientific information and intended to prevent
overfishing from occurring.
As described in the proposed rule for this action, two other
alternatives were considered that would have resulted in higher vessel
revenue than these specifications. The status quo specifications
(Alternative 2) were not consistent with the Council's risk policy.
Alternative 3 would have increased the TAL in 2017. However, the
tilefish industry preferred the same TALs in 2016 and 2017 under these
final specifications to maintain stability in the fishery and promote
future stock growth, which could lead to increased TALs and associated
economic benefits in the future.
[[Page 64333]]
All affected IFQ shareholders will receive decreases in their
tilefish 2015 IFQ allocations in comparison to their respective
tilefish 2014 IFQ allocations. However, the magnitude of the decrease
varies depending on the shareholder's relative percent in the total IFQ
quota.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a small entity compliance guide will be sent
to all holders of Federal permits issued for the tilefish fishery. In
addition, copies of this final rule and guide (i.e., permit holder
letter) are available from NMFS (see ADDRESSES) and at the following
Web site: www.greateratlantic.fisheries.noaa.gov.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: October 24, 2014.
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
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. 648.292, revise paragraph (b) to read as follows:
Sec. 648.292 Tilefish specifications.
* * * * *
(b) TAL. (1) The TAL for each fishing year will be specified
pursuant to paragraph (a) of this section.
(2) The sum of the TAL and the estimated discards shall be less
than or equal to the ACT.
* * * * *
[FR Doc. 2014-25741 Filed 10-24-14; 4:15 pm]
BILLING CODE 3510-22-P