[Federal Register Volume 64, Number 64 (Monday, April 5, 1999)]
[Proposed Rules]
[Pages 16417-16418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8194]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[I.D. 031999E]


Tilefish Fishery; Intent to Prepare an Environmental Impact 
Statement

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notification of intent to prepare an environmental impact 
statement (EIS); request for scoping comments.

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SUMMARY: NMFS announces its intention to prepare, in cooperation with 
the Mid-Atlantic Fishery Management Council (Council), an EIS to assess 
potential effects on the human environment of changes to the management 
regime for tilefish (Lopholatilus chamaeleonticeps) pursuant to the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) as amended. Management would be accomplished by developing 
and implementing a Tilefish Fishery Management Plan (FMP) that would 
include appropriate management measures.

    In addition, the Council announces a public process for determining 
the scope of issues to be addressed and for identifying the significant 
issues related to developing management measures for tilefish. The 
intended effect of this notice is to alert the interested public of the 
commencement of a scoping process and to provide for public 
participation. This action is necessary to comply with Federal 
environmental documentation requirements.

DATES: Written comments will be accepted until April 30, 1999. The 
scoping meeting will be held at 7 p.m. on Tuesday, April 27, 1999.

ADDRESSES: Send scoping comments to Mr. Daniel T. Furlong, Executive 
Director, Mid-Atlantic Fishery Management Council, Room 2115 Federal 
Building, 300 South New Street, Dover, DE 19904-6790. The scoping 
meeting will be held at the Atlantic City Sheraton, 6821 Black Horse 
Pike, Atlantic City West, NJ.

FOR FURTHER INFORMATION CONTACT: Daniel T. Furlong, 302-674-2331 (FAX 
302-674-5399).

SUPPLEMENTARY INFORMATION:

Problems Discussed for this FMP

1. Overfishing Must Be Ended and the Stock Biomass Must Be Rebuilt

    Results from the recently completed (February 1999) NMFS Northeast 
Fishery Science Center (NEFSC) stock assessment indicate that the 
tilefish stock (north of North Carolina) is at a low biomass level and 
is likely overexploited. Total biomass in 1997 was estimated to be 7.3 
million lb (3.311 million kg), which is about 36 percent of the biomass 
that would produce maximum sustainable yield (MSY) (BMSY). 
Biomass-based fishing mortality was estimated to be 0.55, which is 
about 2.8 times higher than FMSY of 0.20. Total landings in 
1997 were slightly under 4.0 million lb and roughly the estimated MSY. 
One projection indicates that the stock can rebuild to BMSY 
in 10 years if fished at a biomass-based fishing mortality of 0.16 for 
the next 10 years. This rate of fishing mortality equates to annual 
landings of about 1.7 million lb (0.77 million kg). Current fishing 
mortality rates are unsustainable. There has been a shift in the 
exploitation pattern towards smaller fish.

2. Overcapitalization Should Be Avoided

    The tilefish fishery takes place year-round. However, it is most 
intense from October to June when market values and catch rates are the 
highest. Tilefish vessels are usually of steel construction and range 
in length from 50 to 100 ft (15.24 to 30.48 m). Although the number of 
vessels targeting tilefish has decreased since the peak in the early 
1980s, the approximate dozen vessels currently in the fishery have more 
than adequate capacity to harvest the MSY level. Reductions in fishing 
effort for most of the New England and Mid-Atlantic fisheries (i.e. 
groundfish, scallops, and summer flounder) could result in additional 
fishing effort on the tilefish resource, as displaced vessels could 
enter this fishery.

3. Need for Better Data

    National Standard 2 of the Magnuson-Stevens Act states that 
``measures shall be based upon the best scientific information 
available.'' The 14th NEFSC Stock Assessment Workshop noted 
that the weighout interview coverage of the fishery was low and that 
other data, which would allow for detection of changes in abundance 
would be useful to corroborate trends observed in the abundance 
indices. This workshop also called for the collection of size samples 
from landings. These data are important to assess the impacts and 
effectiveness of management measures, as well as, monitor fishing 
mortality and changes in stock size to determine if additional 
management measures for the FMP may be necessary.

4. Identification and Description of Essential Fish Habitat

    Pursuant to the 1996 requirements of the Sustainable Fisheries Act, 
which amended the Magnuson-Stevens Act, the Council is required to 
identify and describe essential habitat for tilefish in the western 
Atlantic Ocean north of North Carolina. Therefore, the Council solicits 
comments from the public on the identification of and threats to 
essential habitat for tilefish during the scoping process.

5. Possible Management Objectives and Proposed Management Measures

    The current proposed management unit is all tilefish under U.S. 
jurisdiction in the Atlantic Ocean north of North Carolina. Tilefish 
south of the Virginia/North Carolina border are currently managed as 
part of the Snapper-Grouper Fishery Management Plan by the South 
Atlantic Fishery Management Council and NMFS.

    The intended purpose and possible objectives of the FMP are to: (1) 
End overfishing and rebuild the resource to the MSY level; (2) prevent 
overcapitalization; (3) limit new entrants; and (4) collect data to 
develop, monitor, and assess biological, economic, and social impacts 
of management measures designed to prevent overfishing.

    Possible proposed management measures include: (1) Minimum fish 
size, (2) minimum hook size, (3) closed seasons, (4) closed areas, (5) 
quotas, (6) moratorium on vessels, (7) dealer and vessel permits, (8) 
dealer and vessel reports, (9) operator permits, (10) gear 
restrictions, (11) gear limits, (12) trip limits, and (13) other 
measures to reduce effort.

    It is likely that any of the measures that are actually implemented 
would be frameworked. A Monitoring Committee, made up of 
representatives of the Councils and NMFS, would annually review the 
condition of the fishery and adjust the measures (e.g., trip limits, 
quotas, etc.) to achieve the desired goals.

6. Permitting and Reporting

    It is anticipated that permits would be required for vessels 
landing tilefish for

[[Page 16418]]

sale, dealers purchasing tilefish from permitted vessels, and operators 
of permitted commercial vessels. Vessels landing tilefish for sale 
would need to submit logbook reports and dealers purchasing this 
species from permitted commercial vessels would need to submit reports.

    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the Paperwork Reduction Act (PRA), unless that 
collection of information displays a currently valid Office of 
Management and Budget control number.

    Under the Paperwork Reduction Act, burden hour estimates were 
calculated by NMFS for Amendment 2 to the Summer Flounder Fishery 
Management Plan. Burden hours for tilefish should be minimal as the 
fishery is somewhat seasonal (mostly October to June) and is currently 
prosecuted by only about 12 vessels. Using the same approach as was 
taken in summer flounder, it is anticipated that the 12 vessels would 
make three trips per month for 9 months--thus, a total of 324 reports 
from the fishermen (12 X 3 X 9). At 0.08 hours per report response, 
there would be a total of 27 burden hours per year. At a maximum, the 
same number of burden hours would be required for the tilefish 
processors.

7. Timetable for EIS Preparation and Decision Making

    The Council has adopted a tentative preparation, review, and 
approval schedule for this FMP. Under this schedule, the draft EIS is 
planned for completion in May 1999 so that a special Council meeting 
dedicated exclusively to this FMP can be convened. If an acceptable 
draft is completed, the Council would decide at that meeting whether to 
submit the draft EIS for public review. Oral comments to the Council on 
their decision could be made at that meeting. If the Council's decision 
is affirmative, public review of the draft EIS would occur during 45 
days in June and July 1999. At its August 1999 meeting, the Council 
would decide on revisions to the management of tilefish. Again, oral 
comments on this decision could be made to the Council at this meeting. 
If the Council's decision is affirmative, the EIS would be made final 
and submitted with the FMP recommendations and other rulemaking 
documents to the Secretary of Commerce (Secretary) for review and 
approval. The Council reserves the right to modify or abandon this 
schedule if deemed necessary.

    Under the Magnuson-Stevens Act, Secretarial review and approval of 
an FMP includes concurrent public comment periods on the FMP and 
proposed regulations. If approved by the Secretary under this schedule, 
the tilefish management measures could be effective early in 2000.

    Dated: March 26, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-8194 Filed 4-2-99; 8:45 am]
BILLING CODE 3510-22-F