49186 Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Rules and Regulations

Black grouper, Mycteroperca bonaci individual fishing quota (IFQ) system. consistent with the terminology used in Yellowmouth grouper, Mycteroperca The new tilefish IFQ program became rest of that regulatory paragraph. The interstitialis effective November 1, 2009. After 3 introductory text on IFQ transfer Gag, Mycteroperca microlepis years of operation, it has become applications has been adjusted to more Scamp, Mycteroperca phenax apparent that some of the implementing Yellowfin grouper, Mycteroperca venenosa clearly explain why applications for Serranidae—Sea Basses regulations need to be clarified, permanent transfers are due before Black sea bass, Centropristis striata corrected, or modified to better reflect September 1, while applications for Sparidae—Porgies the intent of Amendment 1. temporary transfers are due before Jolthead porgy, Calamus bajonado On March 28, 2013, NMFS published October 10. Saucereye porgy, Calamus calamus a proposed rule in the Federal Register Whitebone porgy, Calamus leucosteus (78 FR 18947) proposing several minor Comments and Responses Knobbed porgy, Calamus nodosus corrections, clarifications, and Red porgy, Pagrus pagrus modifications to the regulations NMFS received no comments on the Scup, Stenotomus chrysops implementing Amendment 1. proposed rule. The following species are designated as Comments on the proposed rule were ecosystem component species: Classification Cottonwick, Haemulon melanurum accepted through April 29, 2013. No Bank sea bass, Centropristis ocyurus comments were received on the The Administrator, Northeast Region, Rock sea bass, Centropristis philadelphica measures, and the measures, as NMFS, determined that this final rule is Longspine porgy, Stenotomus caprinus proposed, are implemented by this final necessary for the management of the Ocean triggerfish, Canthidermis sufflamen rule. tilefish fishery and that it is consistent Schoolmaster, Lutjanus apodus The purpose of this action is to with the Tilefish FMP, the Magnuson- * * * * * clarify, correct, and/or modify certain Stevens Fishery Conservation and [FR Doc. 2013–19605 Filed 8–12–13; 8:45 am] provisions of the tilefish IFQ program’s Management Act, and other applicable BILLING CODE 3510–22–P implementing regulations to clarify law. potentially confusing regulatory This final rule has been determined to language, and to better reflect the intent be not significant for purposes of DEPARTMENT OF COMMERCE of Amendment 1 and current practices under the tilefish IFQ program. Executive Order 12866. National Oceanic and Atmospheric Specifically, this action (1) Clarifies the The Chief Counsel for Regulation of Administration two aspects of tilefish IFQ allocation by the Department of Commerce certified differentiating between quota share and to the Chief Counsel for Advocacy of the 50 CFR Part 648 quota pounds, and removes suggestions Small Business Administration during [Docket No. 120416018–3679–02] that either are ‘‘owned’’ or the proposed rule stage that this action ‘‘permanent;’’ (2) specifies in the would not have a significant economic RIN 0648–BC05 regulations that tilefish landings may be impact on a substantial number of small reported through the Interactive Voice entities. The factual basis for the Fisheries of the Northeastern United Response system, or through another certification was published in the States; Tilefish Fishery Management system approved by the NMFS proposed rule and is not repeated here. Plan; Regulatory Amendment, Northeast Regional Administrator, to No comments were received regarding Corrections, and Clarifications allow for the future development of an this certification. As a result, a AGENCY: National Marine Fisheries online reporting option; (3) corrects regulatory flexibility analysis was not Service (NMFS), National Oceanic and cross-references within the regulations required and none was prepared. pertaining to the Research Set-Aside Atmospheric Administration (NOAA), On June 20, 2013, the Small Business Program; (4) revises language and cross- Commerce. Administration (SBA) issued a final rule references in the regulations to clarify ACTION: Final rule. that permanent resident aliens are revising the small business size allowed to hold a tilefish IFQ allocation standards for several industries effective SUMMARY: This action makes July 22, 2013 (78 FR 37398). The rule corrections, clarifications, and other permit, as specified in Amendment 1; (5) modifies the regulations to extend increased the size standard for Finfish modifications to the regulations that Fishing from $4.0 to $19.0 million, implemented the Tilefish Individual the deadline for quota pound transfers from September 1 to October 10 of each Shellfish Fishing from $4.0 to $5.0 Fishing Quota Program. These changes million, and Other Marine Fishing from will not affect the fishing operation of fishing year; and (6) modifies the regulations governing the cost recovery $4.0 to $7.0 million. Pursuant to the any vessel. Regulatory Flexibility Act, and prior to DATES: Effective September 12, 2013. fee collection system to reflect current fee collection practices and the intent of SBA’s June 20, 2013, final rule, a FOR FURTHER INFORMATION CONTACT: Amendment 1 to ensure clear and certification was developed for this Douglas Potts, Fishery Policy Analyst, efficient collection of the required cost- action using SBA’s former size phone (978) 281–9341, fax (978) 281– recovery fees. Additional detail and standards. Subsequent to the June 20, 9135. explanation regarding the reason for 2013, rule, NMFS has reviewed the SUPPLEMENTARY INFORMATION: these changes are provided in the certification prepared for this action in proposed rule and are not repeated here. light of the new size standards. Under Background the former, lower size standards, all On August 24, 2009, NMFS published Changes From the Proposed Rule entities subject to this action were a final rule (74 FR 42580) to implement The proposed regulatory text considered small entities, thus they all provisions of Amendment 1 to the regarding IFQ transfer applications would continue to be considered small Tilefish Fishery Management Plan inadvertently used the less specific term under the new standards. NMFS has (FMP) (Amendment 1). Amendment 1 ‘‘catch share.’’ The regulatory language determined that the new size standards included a new structure for managing has been corrected to use the more do not affect the analyses prepared for the commercial tilefish fishery using an appropriate term ‘‘quota share,’’ this action.

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List of Subjects in 50 CFR Part 648 following information, and any other signed by the applicant. Each Fisheries, Fishing, Reporting and information required by the Regional application must include a declaration recordkeeping requirements. Administrator: Vessel identification; of all interests in IFQ quota shares and trip during which tilefish are caught; IFQ allocations, as defined in § 648.2, Dated: August 8, 2013. pounds landed; VTR pre-printed serial listed by IFQ allocation permit number, Alan D. Risenhoover, number; and the Federal dealer number and must list all Federal vessel permit Director, Office of Sustainable Fisheries, for the dealer who purchases the numbers for all vessels that an applicant performing the functions and duties of the tilefish. This reporting requirement does owns or leases that would be authorized Deputy Assistant Administrator for not exempt the owner or operator from to possess tilefish pursuant to the IFQ Regulatory Programs, National Marine other applicable reporting requirements allocation permit. The Regional Fisheries Service. of this section. Administrator will notify the applicant For the reasons set out in the * * * * * of any deficiency in the application. preamble, 50 CFR part 648 is amended ■ 4. In § 648.292, paragraph (e) is (i) [Reserved] (ii) Renewal applications. as follows: revised to read as follows: Applications to renew an IFQ allocation PART 648—FISHERIES OF THE § 648.292 Tilefish specifications. permit must be received by September NORTHEASTERN UNITED STATES * * * * * 15 to be processed in time for the (e) Research quota. See § 648.22(g). November 1 start of the next fishing ■ 1. The authority citation for part 648 ■ 5. Section 648.294 is revised to read year. Renewal applications received continues to read as follows: as follows: after this date may not be approved, and Authority: 16 U.S.C. 1801 et seq. a new permit may not be issued before § 648.294 Individual fishing quota (IFQ) ■ the start of the next fishing year. An IFQ 2. In § 648.2, the definitions of program. allocation permit holder must renew ‘‘Interest in an IFQ allocation’’ and (a) IFQ allocation permits. (1) After his/her IFQ allocation permit on an ‘‘Lessee’’ are revised to read as follows: adjustments for incidental catch, annual basis by submitting an § 648.2 Definitions. research set-asides, and overages, as application for such permit prior to the appropriate, pursuant to § 648.292(c), * * * * * end of the fishing year for which the the Regional Administrator shall divide Interest in an IFQ allocation means: permit is required. Failure to renew an the remaining TAL among the IFQ quota An allocation of quota share or annual IFQ allocation permit in any fishing share holders who held IFQ quota share IFQ allocation held by an individual; or year will result in any IFQ quota share as of September 1 of a given fishing by a company in which the individual held by that IFQ allocation permit year. Allocations shall be made by holder to be considered abandoned and is an owner, part owner, officer, applying the IFQ quota share relinquished. shareholder, or partner; or by an percentages that exist on September 1 of (2) Issuance. Except as provided in immediate family member (an a given fishing year to the IFQ TAL subpart D of 15 CFR part 904, and individual’s parents, spouse, children, pursuant to § 648.292(c), subject to any provided an application for such permit and siblings). deductions for overages pursuant to is submitted by September 15, as * * * * * paragraph (f) of this section. Amounts of specified in paragraph (b)(1)(ii) of this Lessee means: IFQ allocation of 0.5 lb (0.23 kg) or section, NMFS shall issue annual IFQ (1) A vessel owner who receives smaller created by this calculation shall allocation permits on or before October temporarily transferred NE multispecies be rounded downward to the nearest 31 to those who hold IFQ quota share DAS from another vessel through the whole number, and amounts of IFQ as of September 1 of the current fishing DAS Leasing Program specified at allocation greater than 0.5 lb (0.23 kg) year. From September 1 through § 648.82(k); or shall be rounded upward to the nearest October 31, permanent transfer of IFQ (2) A person or entity eligible to hold whole number, so that annual IFQ quota share is not permitted, as tilefish IFQ allocation, who receives allocations are specified in whole described in paragraph (e)(4) of this temporarily transferred tilefish IFQ pounds. section. allocation, as specified at (2) Allocations shall be issued in the (3) Duration. An annual IFQ § 648.294(e)(1). form of an annual IFQ allocation permit. allocation permit is valid until October * * * * * The IFQ allocation permit shall specify 31 of each fishing year unless it is ■ 3. In § 648.7, paragraph (b)(2)(ii) is the quota share percentage held by the suspended, modified, or revoked revised to read as follows: IFQ allocation permit holder and the pursuant to 15 CFR part 904; revised total pounds of tilefish that the IFQ due to a transfer of all or part of the IFQ § 648.7 Recordkeeping and reporting allocation permit holder is authorized to quota share or annual IFQ allocation requirements. harvest. under paragraph (e) of this section; or * * * * * (3) In order to be eligible to hold suspended for non-payment of the cost (b) * * * tilefish IFQ allocation, an individual recovery fee as described in paragraph (2) * * * must be a U.S. citizen or permanent (h)(4) of this section. (ii) Tilefish vessel owners or resident alien. Businesses or other (4) IFQ Vessel. All Federal vessel operators. The owner or operator of any entities that wish to hold allocation permit numbers that are listed on the vessel fishing under a tilefish IFQ must be eligible to own a documented IFQ allocation permit are authorized to allocation permit issued under this part, vessel under the terms of 46 U.S.C. possess tilefish pursuant to the IFQ as described in § 648.294(a), must 12103(b). allocation permit until the end of the submit a tilefish catch report by using (b) Application—(1) General. fishing year or until NMFS receives the IVR system, or other reporting Applicants for a permit under this written notification from the IFQ system approved by the Regional section must submit a completed allocation permit holder that the vessel Administrator, within 48 hours after application on an appropriate form is no longer authorized to possess returning to port and offloading. The obtained from NMFS. The application tilefish pursuant to the subject permit. report shall include at least the must be filled out completely and An IFQ allocation permit holder who

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wishes to authorize an additional (2) Permanent transfers. Unless annual IFQ allocations are issued for the vessel(s) to possess tilefish pursuant to otherwise restricted by the provisions in next fishing year. Applications for the IFQ allocation permit must send paragraph (e)(3) of this section, and temporary IFQ allocation transfers must written notification to NMFS. This subject to final approval by the Regional be received by October 10 to be notification must include the vessel Administrator, a holder of IFQ quota processed for the current fishing year. name and permit number, and the dates share may permanently transfer the (i) Application information on which the IFQ allocation permit entire IFQ quota share allocation, or a requirements. An application to transfer holder desires the vessel to be portion of the IFQ quota share IFQ allocation must include the authorized to land tilefish pursuant to allocation, to any person or entity following information: The type of the IFQ allocation permit. A copy of the eligible to hold tilefish IFQ allocation transfer (either temporary or IFQ allocation permit must be carried under paragraph (a)(3) of this section. permanent); the signature of both parties on board each vessel so authorized to (3) IFQ allocation transfer restrictions. involved; the price paid for the transfer; possess IFQ tilefish. (i) If annual IFQ allocation is a declaration of the recipient’s eligibility (5) Alteration. An annual IFQ temporarily transferred to any eligible to receive IFQ allocation; the amount of allocation permit that is altered, erased, person or entity, it may not be allocation or quota share to be or mutilated is invalid. transferred again within the same transferred; and a declaration, by IFQ (6) Replacement. The Regional fishing year, unless the transfer is allocation permit number, of all the IFQ Administrator may issue a replacement rescinded due to an emergency, as allocations in which the person or entity permit upon written application of the described in paragraph (e)(1) of this receiving the IFQ allocation has an annual IFQ allocation permit holder. section. interest. The person or entity receiving (ii) A transfer of IFQ allocation or (7) Transfer. The annual IFQ the IFQ allocation must indicate the quota share will not be approved by the allocation permit is valid only for the permit numbers of all federally Regional Administrator if it would person to whom it is issued. All or part permitted vessels that will possess or result in an entity holding, or having an of the IFQ quota share or the annual IFQ land the IFQ allocation. Information interest in, a percentage of IFQ allocation specified in the IFQ obtained from the IFQ Allocation allocation exceeding 49 percent of the allocation permit may be transferred in Transfer Form is confidential pursuant total tilefish adjusted TAL. accordance with paragraph (e) of this to 16 U.S.C. 1881a. (iii) For the purpose of calculating the (ii) Approval of IFQ transfer section. appropriate IFQ cost recovery fee, if the application. Unless an application to (8) Abandonment or voluntary holder of an IFQ allocation leases transfer IFQ quota share and/or annual relinquishment. Any IFQ allocation additional IFQ allocation, the quantity IFQ allocation is denied according to permit that is voluntarily relinquished and value of landings made after the paragraph (e)(4)(iii) of this section, the to the Regional Administrator, or date the lease is approved by the Regional Administrator shall issue deemed to have been voluntarily Regional Administrator are attributed to confirmation of application approval in relinquished for failure to pay a the transferred quota before being the form of a new or updated IFQ recoverable cost fee, in accordance with attributed to the allocation holder’s base allocation permit to the parties involved the requirements specified in paragraph IFQ allocation, if any exists. In the event in the transfer within 30 days of receipt (h)(2) of this section, or for failure to of multiple leases, landings would be of a completed application. renew in accordance with paragraph attributed to the leased allocations in (iii) Denial of IFQ transfer (b)(1)(ii) of this section, shall not be the order the leases were approved by application. The Regional Administrator reissued or renewed in a subsequent the Regional Administrator. As may reject an application to transfer IFQ year. described in paragraph (h) of this quota share or annual IFQ allocation for (c)–(d) [Reserved] section, a tilefish IFQ quota share the following reasons: The application (e) Transferring IFQ allocations—(1) allocation holder shall incur a cost is incomplete; the transferor does not Temporary transfers. Unless otherwise recovery fee, based on the value of possess a valid tilefish IFQ allocation restricted by the provisions in paragraph landings of tilefish authorized under the permit; the transferor’s or transferee’s (e)(3) of this section, the initial holder allocation holder’s annual tilefish IFQ vessel or tilefish IFQ allocation permit of an annual IFQ allocation may transfer allocation, including allocation that is has been sanctioned pursuant to an the entire annual IFQ allocation, or a leased to another IFQ allocation permit enforcement proceeding under 15 CFR portion of the annual IFQ allocation, to holder. part 904; the transfer would result in the any person or entity eligible to hold (4) Application for an IFQ allocation transferee having a tilefish IFQ tilefish IFQ allocation under paragraph transfer. Any IFQ allocation permit allocation or holding IFQ quota share (a)(3) of this section. Annual IFQ holder applying for either permanent that exceeds 49 percent of the adjusted allocation transfers shall be effective transfer of IFQ quota share or temporary TAL allocated to IFQ allocation permit only for the fishing year in which the transfer of annual IFQ allocation must holders; the transfer is to a person or transfer is requested and processed, submit a completed IFQ Allocation entity that is not eligible to hold tilefish unless the applicant specifically Transfer Form, available from NMFS. IFQ allocation under paragraph (a)(3) of requests that the transfer be processed The IFQ Allocation Transfer Form must this section; the transferor or transferee for the subsequent fishing year. The be submitted to the NMFS Northeast is delinquent in payment of an IFQ cost Regional Administrator has final Regional Office at least 30 days before recovery fee as described in paragraph approval authority for all annual IFQ the date on which the applicant desires (h)(4) of this section; or any other failure allocation transfer requests. The to have the IFQ allocation transfer to meet the requirements of this subpart. approval of a temporary transfer may be effective. The Regional Administrator Upon denial of an application to rescinded if the Regional Administrator shall notify the applicants of any transfer IFQ allocation, the Regional finds that an emergency has rendered deficiency in the application pursuant Administrator shall send a letter to the the lessee unable to fish for the to this section. Applications for applicant describing the reason(s) for transferred annual IFQ allocation, but permanent IFQ quota share allocation the denial. The decision by the Regional only if none of the transferred allocation transfers must be received by September Administrator is the final decision of has been landed. 1 to be processed and effective before the Department of Commerce; there is

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no opportunity for an administrative incurred by NMFS during the cost (i) At any time thereafter, notify the appeal. recovery billing period. IFQ allocation permit holder in writing (f) IFQ allocation overages. If an IFQ (ii) Calculating fee percentage. The that his/her IFQ allocation permit is allocation is exceeded, including by recoverable costs determined by the suspended, thereby prohibiting landings amounts of tilefish landed by a lessee in Regional Administrator will be divided of tilefish above the incidental limit, as excess of a temporary transfer of IFQ by the total ex-vessel value of all tilefish specified at § 648.295. allocation, the amount of the overage IFQ landings during the cost recovery (ii) Disapprove any transfer of annual will be deducted from the IFQ billing period to derive a fee percentage. tilefish allocation or quota share to or shareholder’s allocation in the Each IFQ allocation permit holder with from the IFQ allocation permit holder as subsequent fishing year(s). If an IFQ quota share will be assessed a fee based described in paragraph (e)(4)(iii) of this allocation overage is not deducted from on the fee percentage multiplied by the section, until such time as the amount the appropriate allocation before the total ex-vessel value of all landings due is paid. IFQ allocation permit is issued for the under his/her IFQ allocation permit, (iii) Deny renewal of the IFQ subsequent fishing year, a revised IFQ including landings of allocation that allocation permit if it had not yet been allocation permit reflecting the was leased to another IFQ allocation issued for the current year, or deny deduction of the overage shall be issued permit holder. renewal of the IFQ allocation permit for by NMFS. If the allocation cannot be (A) The ex-vessel value for each the following year. reduced in the subsequent fishing year pound of tilefish landed by an IFQ (iv) If the fee amount is not appealed, because the full allocation has already allocation permit holder shall be the Regional Administrator may issue a been landed or transferred, the IFQ determined from Northeast Federal Final Administrative Determination allocation permit will indicate a dealer reports submitted to NMFS, (FAD) as described in paragraph (h)(5) reduced allocation for the amount of the which include the price per pound paid of this section, based upon available overage in the next fishing year. to the vessel at the time of dealer information. (5) Appeal of IFQ fee amount. If a (g) IFQ allocation acquisition purchase. restriction. No person or entity may tilefish IFQ allocation permit holder (B) The cost recovery fee percentage acquire more than 49 percent of the disagrees with the fee amount shall not exceed 3 percent of the total annual adjusted tilefish TAL, specified determined by NMFS, he/she may value of tilefish landings, as required pursuant to § 648.294, at any point appeal the cost recovery bill. under section 304(d)(2)(B) of the during a fishing year. For purposes of (i) IFQ fee appeals must be submitted Magnuson-Stevens Act. this paragraph, acquisition includes any to NMFS in writing before the due date permanent transfer of IFQ quota share or (3) Fee payment procedure. NMFS described in paragraph (h)(3)(i) of this temporary transfer of annual IFQ will create an annual IFQ allocation bill section. allocation. The calculation of IFQ for each cost recovery billing period and (ii) The IFQ allocation permit holder allocation for purposes of the restriction provide it to IFQ allocation permit shall have the burden of demonstrating on acquisition includes IFQ allocation holders with quota share. The bill will that the fee amount calculated by NMFS interests held by: A company in which include information regarding the is incorrect and what the correct amount the IFQ holder is a shareholder, officer, amount and value of IFQ allocation is. or partner; an immediate family landed during the prior cost recovery (iii) If a request to appeal is submitted member; or a company in which the IFQ billing period, and the associated cost on time, the Regional Administrator holder is a part owner or partner. recovery fees. shall notify the IFQ allocation permit (h) IFQ cost recovery. As required (i) Payment due date. An IFQ holder in writing, acknowledging the under section 304(d)(2)(A)(i) of the allocation permit holder who has appeal and providing 30 days to submit Magnuson-Stevens Act, the Regional incurred a cost recovery fee must pay any additional relevant documentation Administrator shall collect a fee to the fee to NMFS within 45 days of the supporting an alternative fee amount. recover the actual costs directly related date of the bill. (iv) While the IFQ fee is under appeal to the management, data collection and (ii) Payment submission method. Cost and the tilefish IFQ allocation permit is analysis, and enforcement of the tilefish recovery payments shall be made suspended, as described in paragraph IFQ program. electronically via the Federal Web (h)(4) of this section, the IFQ allocation (1) Payment responsibility. Each portal, www.pay.gov, or other Internet permit holder may request a Letter of tilefish IFQ allocation permit holder sites designated by the Regional Authorization to fish until the appeal is with quota share shall incur a cost Administrator. Instructions for concluded. Any tilefish landed pursuant recovery fee annually, based on the electronic payment shall be available on to the above authorization will count value of landings of tilefish authorized both the payment Web site and the cost against the IFQ allocation permit, if under his/her tilefish IFQ allocation, recovery fee bill. Electronic payment issued. including allocation that he/she leases options shall include payment via a (v) Final Administrative to another IFQ allocation permit holder. credit card, as specified in the cost Determination (FAD). Based on a review The tilefish IFQ allocation permit recovery bill, or via direct automated of available information, including any holder is responsible for paying the fee clearing house (ACH) withdrawal from documentation submitted by the IFQ assessed by NMFS. a designated checking account. allocation permit holder in support of (2) IFQ fee determination. The tilefish Alternatively, payment by check may be the appropriateness of a different fee IFQ cost recovery billing period runs authorized by Regional Administrator if amount, the Regional Administrator annually from January 1 through he/she determines that electronic shall determine whether there is a December 31. payment is not practicable. reasonable basis upon which to (i) Determination of total recoverable (4) Payment compliance. If an IFQ conclude that an alternate fee amount is costs. The Regional Administrator shall allocation permit holder does not correct. This determination shall be set determine the actual costs directly submit full payment by the due date forth in a FAD that is signed by the associated with the management, data described in paragraph (h)(3)(i) of this Regional Administrator. A FAD shall be collection and analysis, and section, the Regional Administrator the final decision of the Department of enforcement of the tilefish IFQ program may: Commerce.

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(A) The IFQ allocation permit holder ACTION: Final rule; inseason adjustments adjusting groundfish management shall have 30 days from the date of the to biennial groundfish management measures to respond to updated fishery FAD to comply with the terms of the measures. information and additional inseason FAD. management needs. Those changes to (B) If the IFQ allocation permit holder SUMMARY: This final rule announces inseason changes to management management measures are implemented does not comply with the terms of the in this action. The adjustments to FAD within this period, the Regional measures in the Pacific Coast groundfish fisheries. This action, which is fishery management measures are not Administrator shall: expected to result in greater impacts to (1) Refer the matter to the appropriate authorized by the Pacific Coast overfished species, except for bocaccio, authorities within the U.S. Department Groundfish Fishery Management Plan of the Treasury for purposes of (PCGFMP), is intended to allow than originally projected through the collection; and fisheries to access more abundant end of the year. groundfish stocks while protecting (2) Cancel any Letter of Authorization Fishery Management Measures for the overfished and depleted stocks. to fish that had been issued during the Limited Entry Fixed Gear (LEFG) and DATES: appeal. Effective 0001 hours (local time) Open Access (OA) Sablefish Daily Trip (vi) If NMFS does not receive full August 13, 2013. Limit (DTL) Fisheries North of 36≥ N. payment of an IFQ cost recovery fee FOR FURTHER INFORMATION CONTACT: Lat. prior to the end of the cost recovery Gretchen Hanshew (Northwest Region, billing period immediately following NMFS), phone: 206–526–6147, fax: 206– To increase harvest opportunities for the one for which the fee was incurred, 526–6736, [email protected]. the LEFG and OA fixed gear sablefish the subject IFQ allocation permit and SUPPLEMENTARY INFORMATION: DTL fisheries north of 36° N. lat., the any associated IFQ quota share shall be Council considered increases to trip deemed to have been voluntarily Electronic Access limits. The Council’s Groundfish relinquished pursuant to paragraph This final rule is accessible via the Management Team (GMT) made model- (b)(8) of this section. Internet at the Office of the Federal based landings projections for the LEFG (6) Annual cost recovery report. Register’s Web site at http:// NMFS will publish annually a report on and OA fixed gear sablefish DTL www.gpo.gov/fdsys/search/home.action. ° the status of the tilefish IFQ cost Background information and documents fisheries north of 36 N. lat. for the recovery program. The report will are available at the Pacific Fishery remainder of the year. These projections provide details of the costs incurred by Management Council’s Web site at were based on the most recent NMFS for the management, http://www.pcouncil.org/. information available. The model enforcement, and data collection and predicted harvest of 84 percent (165 mt) analysis associated with the tilefish IFQ Background of the LEFG harvest guideline (197 mt) program during the prior cost recovery The PCGFMP and its implementing and 82 percent (239 mt) of the OA billing period, and other relevant regulations at title 50 in the Code of harvest guideline (291 mt) under current information at the discretion of the Federal Regulations (CFR), part 660, trip limits. With the increase in trip Regional Administrator. subparts C through G, regulate fishing limits, predicted harvest is 94 percent (i) Periodic review of the IFQ program. for over 90 species of groundfish off the (185 mt) of the LEFG harvest guideline A formal review of the IFQ program coasts of Washington, Oregon, and (197 mt) and 94 percent (274 mt) of the must be conducted by the MAFMC California. Groundfish specifications OA harvest guideline (291 mt). within 5 years of the effective date of and management measures are Projections for the fixed gear sablefish the final regulations. Thereafter, it shall developed by the Pacific Fishery ° be incorporated into every scheduled fisheries south of 36 N. lat. were Management Council (Council), and are tracking within their targets and no MAFMC review of the FMP (i.e., future implemented by NMFS. inseason actions were considered. amendments or frameworks), but no less On November 14, 2012, NMFS frequently than every 7 years. published a proposed rule to implement Therefore, the Council recommended [FR Doc. 2013–19561 Filed 8–12–13; 8:45 am] the 2013–2014 harvest specifications and NMFS is implementing trip limit BILLING CODE 3510–22–P and management measures for most changes for the LEFG and the OA species of the Pacific Coast groundfish sablefish DTL fisheries north of 36° N. fishery (77 FR 67974). The final rule to lat. The trip limits for sablefish in the DEPARTMENT OF COMMERCE implement the 2013–2014 harvest LEFG fishery north of 36° N. lat. specifications and management increase from ‘‘950 lb (431 kg) per week, National Oceanic and Atmospheric measures for most species of the Pacific not to exceed 2,850 lb (1,293 kg) per two Administration Coast Groundfish Fishery was published months’’ to ‘‘1,110 lb (499 kg) per week, on January 3, 2013 (78 FR 580). not to exceed 3,300 lb (1,497 kg) per two 50 CFR Part 660 The Council, in consultation with months’’ beginning in period 4 through [Docket No. 120814338–2711–02] Pacific Coast Treaty Indian Tribes and the end of the year. the States of Washington, Oregon, and RIN 0648–BD47 California, recommended the changes to The trip limits for sablefish in the OA sablefish DTL fishery north of 36° N. lat. Magnuson-Stevens Act Provisions; current groundfish management measures at its June 18–June 25, 2013 are increased from ‘‘300 lb (136 kg) per Fisheries Off West Coast States; day, or one landing per week of up to Biennial Specifications and meeting. Management measures are designed to meet two primary goals: To 700 lb (318 kg), not to exceed 1,400 lb Management Measures; Inseason (635 kg) per two months’’ to ‘‘300 lb Adjustments achieve, to the extent possible, but not exceed, annual catch limits (ACLs) of (136 kg) per day, or one landing per AGENCY: National Marine Fisheries target species; and to foster the week of up to 800 lb (363 kg), not to Service (NMFS), National Oceanic and rebuilding of overfished stocks by exceed 1,600 lb (726 kg) per two Atmospheric Administration (NOAA), keeping harvest within their rebuilding months’’ beginning in period 4 through Commerce. ACLs. The Council recommended the end of the year.

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