Saving Seafood

New Federal Regulations for Golden Tilefish in the South Atlantic Region

December 5, 2018 — The following was released by the South Atlantic Fishery Management Council:

KEY MESSAGE:

NOAA Fisheries has published a final rule which revises the catch limits for golden tilefish. The final rule reduces golden tilefish catch limits based on the most recent population assessment. The purpose of the final rule is to end overfishing (rate of removal is too high) of golden tilefish in the South Atlantic.

WHEN RULE WILL TAKE EFFECT:

  • The final rule is effective on January 4, 2019.

WHAT THIS MEANS:

  • The final rule establishes a total catch limit at 342,000 pounds gutted weight (lbs gw).
  • This final rule specifies the commercial and recreational catch limits and component commercial quotas using the existing allocations.

FORMAL FEDERAL REGISTER NAME/NUMBER:
83 FR 62508, published December 4, 2018.

This bulletin serves as a Small Entity Compliance Guide, complying with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996.

(NOTE: See the complete Fishery Bulletin from NOAA Fisheries for a list of Frequently Asked Questions and additional information.)

Request for Comments: Proposed Changes to Golden Tilefish Regulations in Federal Waters of the South Atlantic Region

September 28, 2018 — The following was released by the South Atlantic Fishery Management Council:

KEY MESSAGE:

NOAA Fisheries requests your comments on a proposed rule for golden tilefish. The proposed actions would reduce golden tilefish catch limits based on the most recent population assessment. The purpose of the action is to end overfishing (rate of removal is too high) of golden tilefish in the South Atlantic.

Comments are due by October 12, 2018

SUMMARY OF PROPOSED CHANGES:

  • The proposed rule would set the total catch limit at 342,000 pounds gutted weight (lbs gw).
  • This proposed rule would also specify the commercial and recreational sector catch limits and component commercial quotas using the existing sector allocations.
  • The commercial catch limit would be 331,740 lbs gw. The commercial quota for the hook-and-line component would be 82,935 lbs gw, and the commercial quota for the longline component would be 248,805 lbs gw. The recreational catch limit would be 2,316 fish.

HOW TO COMMENT ON THE PROPOSED RULE:

The 15 day comment period associated with this proposed rule will end on October 12, 2018. We will address all comments specifically directed to the proposed rule in the final rule. You may submit comments by electronic submission or by postal mail. Comments sent by any other method (such as e-mail), to any other address or individual, or received after the end of the comment period, may not be considered by NOAA Fisheries.

FORMAL FEDERAL REGISTER NAME/NUMBER: 83 FR 48788, published September 27, 2018

Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal.
1. Go to https://www.regulations.gov/docket?D=NOAA-NMFS-2018-0091.
2. Click the “Comment Now!” icon, complete the required fields.
3. Enter or attach your comments.

Mail: Submit written comments to Karla Gore, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.

This bulletin serves as a Small Entity Compliance Guide, complying with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996.

Recreational Harvest of Golden Tilefish Will Close in Federal Waters of the South Atlantic on August 28, 2018

August 24, 2018 — The following was released by the South Atlantic Fishery Management Council:

WHAT/WHEN:

Recreational harvest of golden tilefish in South Atlantic federal waters will close at 12:01 a.m. (local time) on August 28, 2018.  Recreational harvest in federal waters will reopen at 12:01 a.m. (local time) on January 1, 2019.

WHY THIS CLOSURE IS HAPPENING:

  • The 2018 recreational annual catch limit is 2,187 fish. Reports indicate that recreational landings have reached the 2018 annual catch limit for the recreational sector.
  • According to the regulations, NOAA Fisheries must close the harvest when the annual catch limit has been reached. This closure is necessary to protect the golden tilefish population.

DURING THE CLOSURE:

  • Recreational harvest or possession of golden tilefish in or from the federal waters of the South Atlantic is prohibited.
  • The closure applies in both state and federal waters for vessels which have a valid charter/headboat permit for South Atlantic Snapper-Grouper.
  • Commercial harvest or possession of golden tilefish in or from federal waters is also prohibited.

Commercial Closure of the Golden Tilefish Hook-and-Line Component in South Atlantic Federal Waters on August 14, 2018

August 10, 2018 — The following was released by the South Atlantic Fishery Management Council:

WHAT/WHEN:
The commercial hook-and-line component for golden tilefish in federal waters of the South Atlantic will close at 12:01 a.m., local time, on August 14, 2018.
WHY THIS CLOSURE IS HAPPENING:
The 2018 commercial catch limit for the golden tilefish hook-and-line component is 78,328 pounds gutted weight. Commercial landings are projected to reach the commercial catch limit on August 14, 2018. According to the accountability measure, harvest must close to prevent the catch limit from being exceeded.
DURING AND AFTER THE CLOSURE:
  • The commercial hook-and-line component closure applies in both state and federal waters for vessels that have a federal commercial South Atlantic Snapper-Grouper permit.
  • The prohibition on sale or purchase during the closure does not apply to fish that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, on August 14, 2018, and were held in cold storage by a dealer or processor.
  • The commercial longline component for South Atlantic golden tilefish closed on March 25, 2018, for the remainder of the fishing year. Therefore, because the commercial longline component is already closed, and the commercial hook-and-line component will close on August 14, 2018, all commercial fishing for South Atlantic golden tilefish will close effective 12:01 a.m., local time, August 14, 2018.
  • During the commercial closure, harvest or possession of golden tilefish in or from federal waters is limited to the recreational bag and possession limits when the recreational sector is open.
  • Harvest by the commercial hook-and-line and longline components will reopen at 12:01 a.m., local time, on January 1, 2019.
This bulletin provides only a summary of the existing regulations. The complete list of regulations can be found in the Federal Register or at

NOAA: Commercial Closure for the Golden Tilefish Longline Component in South Atlantic Federal Waters on March 25, 2018

March 19, 2018 — The following was released by the South Atlantic Fishery Management Council:

WHAT/WHEN:

The commercial longline component for golden tilefish in federal waters of the South Atlantic will close at 12:01 a.m., local time, on March 25, 2018. The closure applies to longline endorsement holders for golden tilefish.

WHY THIS CLOSURE IS HAPPENING:

  • On January 2, 2018, a final temporary rule implemented interim measures to temporarily reduce the total catch limit for golden tilefish from 558,036 to 323,000 pounds gutted weight. The total catch limit applies to hook-and-line and longline components for the commercial sector as well as the recreational sector.
  • The interim measures are effective through July 1, 2018, and NOAA Fisheries is evaluating extending the interim measures for up to an additional 186 days.
  • The 2018 commercial catch limit for the golden tilefish longlinecomponent is now 234,982 pounds gutted weight. Commercial landings information indicates that the commercial catch limit for the longline component will be met by at 12:01 a.m., local time, on March 25, 2018, and harvest therefore should be closed.

DURING AND AFTER THE CLOSURE:

  • The commercial longline component closure applies in both state and federal waters for vessels that have longline endorsement for golden tilefish.
  • During the closure, vessels with a golden tilefish longline endorsement are not eligible to commercially harvest golden tilefish using hook-and line gear and are limited to the recreational bag and possession limits when the recreational sector is open.
  • Vessels that do not have longline endorsements, but have South Atlantic snapper-grouper unlimited permits, may harvest golden tilefish commercially until the hook-and-line quota is reached.

The prohibition on sale or purchase during the closure does not apply to fish that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, on March 25, 2018, and were held in cold storage by a dealer or processor.

Read the regulations in their entirety here.

 

Reduction in Golden Tilefish Catch Limits in Federal Waters of the South Atlantic Region

January 1, 2018 — The following was released by NOAA Fisheries:

KEY MESSAGE:

In response to a request from the South Atlantic Fishery Management Council, NOAA Fisheries will publish a final interim rule on January 2, 2018, which will temporarily reduce golden tilefish catch limits for 2018 based on the most recent population assessment. The purpose of the action is to reduce overfishing (rate of removal is too high) of golden tilefish while management measures are being developed to end overfishing. The reductions in the catch limits are effective beginning January 2, 2018.

SUMMARY OF CHANGES:

  • The final interim rule will temporarily reduce the total catch limit for golden tilefish from 558,036 to 323,000 pounds gutted weight. Using the existing allocations, the temporary catch limits will be 313,310 pounds gutted weight for the commercial sector and 2,187 fish for the recreational sector. For commercial fishermen, the hook-and-line catch limit will be 78,328 pounds gutted weight and the long-line catch limit will be 234,982 pounds gutted weight.
  • The interim measures will be effective for 180 days after the date of publication and may be extended for an additional 186 days while the South Atlantic Fishery Management Council develops Regulatory Amendment 28 to the Fishery Management Plan for the Snapper-Grouper Fishery in the South Atlantic Region (Regulatory Amendment 28).

This bulletin serves as a Small Entity Compliance Guide, complying with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996.

FREQUENTLY ASKED QUESTIONS (FAQs)

Why is the temporary reduction in the catch limit needed? 

  • In April 2016, a population assessment update for golden tilefish was completed using data through 2014 (SEDAR 25 Update 2016). The updated assessment indicated that the golden tilefish population is undergoing overfishing but is not overfished (population abundance is too low).
  • As mandated by the Magnuson-Stevens Fishery Conservation and Management Act, the South Atlantic Fishery Management Council and NOAA Fisheries must end overfishing of golden tilefish.
  • These temporary regulations reduce overfishing of golden tilefish while long term management measures are developed in Regulatory Amendment 28 to end overfishing.

What are the actions in the interim rule? 

  • Temporarily revise the commercial and recreational catch limits for golden tilefish for 2018 (See Table 1 below).Table 1. Commercial and recreational catch limits for golden tilefish.
Total catch 

limit

 Commercial 

catch limit

 Commercial Hook-and-Line catch limit Commercial

 Longline catch limit

 Recreational catch limit
(pounds gutted weight) (pounds gutted weight) (pounds gutted weight) (pounds gutted weight) (numbers of fish)**
323,000 313,310 78,328 234,982 2,187**

**An average weight conversion factor of 4.43 pounds gutted weight was used for converting

the recreational catch limit into numbers of fish.

Where can I find more information on the environmental assessment and the interim rule? 

  • Contact NOAA Fisheries, Southeast Regional Office

 

Access this and other Fishery Bulletins from NOAA Fisheries Southeast Regional Office by clicking here.

 

Florida Fishermen’s Group Sues Over 40% Cut in 2018 Golden Tilefish Allocation

December 6, 2017 — SEAFOOD NEWS — Florida fishermen are fighting an emergency ruling that would impose a 40% reduction in allowable golden tilefish harvests in 2018.

On November 29 the Southeastern Fisheries Association’s East Coast Fisheries Section (SFA-ECFS) filed the suit, which alleges that the National Marine Fisheries Service (NMFS) “committed procedural and substantive violations of federal fisheries and administrative law.” The organization claims that NMFS used “flawed scientific methods” in their 2016 golden tilefish assessment.

“This was supposed to be a simple update – adding new data to the stock assessment model that was thoroughly vetted and peer-reviewed,” SFA-ECFS fisheries consultant Russell Hudson said in a press release. “Instead, NMFS made major model changes behind closed doors without required scientific, industry expert and public oversight required when such changes occur.”

NMFS’ 2016 golden tilefish assessment found overfishing. However, Hudson added that overfishing was not discovered using the original SEDAR 25 peer-reviewed model. The golden tilefish assessment for 2017, which was conducted in October, used “new ‘best’ methodology identified by NMFS.” SFA-ACFS says that the assessment “failed to produce any scientifically useful results.”

The government has 45 days to answer or seek dismissal.

This story originally appeared on Seafoodnews.com, a subscription site. It is reprinted with permission.

 

Southeastern Fisheries Association’s East Coast Fisheries Section Sues Over 40 Percent Cut in Golden Tilefish Allocation for 2018

December 4, 2017 — ORLANDO, Fla. — The following was released by the Southeastern Fisheries Association: 

Fishermen of Florida filed suit in Federal District Court in Washington, D.C. over an emergency rule imposing a forty percent reduction in allowable golden tilefish harvests next year. The suit alleges that the National Marine Fisheries Service (NMFS) committed procedural and substantive violations of federal fisheries and administrative law.

The suit, filed on November 29, was brought by the Southeastern Fisheries Association’s East Coast Fisheries Section (SFA-ECFS). The SFA is an advocacy group for fishermen that has represented harvesters, dealers, and processors participating in Gulf of Mexico and South Atlantic regional fisheries for more than 60 years.

The rule being challenged was requested by the South Atlantic Fishery Management Council in June because it faced a looming 2018 deadline to end overfishing identified in a controversial 2016 golden tilefish assessment. Under federal law, fishery managers have two years from such a finding to adopt measures to end overfishing.

The suit alleges the 2016 assessment, which found overfishing and triggered the events leading up to the emergency rule, used flawed scientific methods that never should have been introduced. “This was supposed to be a simple update – adding new data to the stock assessment model that was thoroughly vetted and peer-reviewed,” said SFA-ECFS fisheries consultant Russell Hudson. “Instead, NMFS made major model changes behind closed doors without required scientific, industry expert, and public oversight required when such changes occur.” He also noted that the assessment runs using the original SEDAR 25 peer-reviewed model did not find overfishing.

According to the complaint, the use of emergency procedures to adopt the rule was also flawed. It alleges that NMFS failed to make a finding that there was “good cause” to waive the regular process of seeking public comment before making a rule final, a step skipped with the golden tilefish rule. It alleges that there was ample time between the Council’s June request for interim measures and the start of the 2018 golden tilefish fishing year to go through normal notice-and-comment rule making.

The 2016 “update” assessment that found overfishing has been subject to significant debate and criticism not only by the industry, but also by Council members and some of its scientific advisors. The biggest change it introduced was the use of a statistical methodology meant to account for potential bias. Since its use was accepted by the Council’s panel of experts on its Scientific and Statistical Committee, NMFS said that method had been superseded by another approach. The head of NMFS Beaufort Lab, which oversaw the assessment, Dr. Erik Williams, called this an “evolving” field of research.

In light of the questions raised about the 2016 update, the Council took the unusual step of asking for a revised update to the golden tilefish assessment to be conducted this year using the new “best” methodology identified by NMFS. That new assessment, conducted in October, failed to produce any scientifically useful results.

“While NMFS keeps focusing on this one issue it can’t seem to get right, the industry is concerned about a whole host of other changes that never should have been made in the 2016 assessment,” said Jimmy Hull, who heads SFA-ECFS. “An update is supposed to be a simple plug-and-play exercise. Instead, a small group of scientists incorporated a bunch of assumptions that don’t fit the real world. That wouldn’t have happened in a more thorough and open process.”

Shaun Gehan, an SFA attorney who brought the case, said that this is a matter that should be settled. “Both the industry and the Council believe there is no justification for the cuts made in the interim rule,” he said. “What should happen is that the SSC should be asked if the model runs that used the peer-reviewed model are the ‘best scientific information available.’ That would lift the overfishing finding and allow the Council to take measured steps without a legal hammer hanging over its head.”

Once the government is served with the suit, it has 45 days to answer or seek dismissal.

Learn more about the SFA by visiting their site here.

 

Commercial Closure of the Golden Tilefish Hook-and-Line Component in South Atlantic Federal Waters on November 29, 2017

November 24, 2017 — The following was released by the South Atlantic Fishery Management Council:

WHAT/WHEN:

The commercial hook-and-line component for golden tilefish in federal waters of the South Atlantic will close at 12:01 a.m., local time, on November 29, 2017. During the commercial closure, harvest or possession of golden tilefish in or from federal waters is limited to the recreational bag and possession limits when the recreational sector is open.

WHY THIS CLOSURE IS HAPPENING:

The 2017 commercial catch limit for the golden tilefish hook-and-line component is 135,324 pounds gutted weight. Commercial landings are projected to reach the commercial catch limit on November 29, 2017.  According to the accountability measure, harvest must close to prevent the catch limit from being exceeded.

DURING AND AFTER THE CLOSURE:

  • The commercial hook-and-line component closure applies in both state and federal waters for vessels that have a federal commercial South Atlantic Snapper-Grouper permit.
  • The prohibition on sale or purchase during the closure does not apply to fish that were harvested, landed ashore, and sold prior to 12:01 a.m. on November 29, 2017, and were held in cold storage by a dealer or processor.
  • Harvest by the commercial hook-and-line component will reopen at 12:01 a.m. (local time) on January 1, 2018.

This bulletin provides only a summary of the existing regulations. Full regulations can be found in the Federal Register or at https://www.ecfr.gov/cgi-bin/text-idx?SID=383bc195ccbeab4fd6bec1c24905df34&node=sp50.12.622.i&rgn=div6.

Access this and other Fishery Bulletins from NOAA Fisheries Southeast Regional Office by clicking here.

Request for Comments: Proposed Changes to Golden Tilefish Regulations in Federal Waters of the South Atlantic Region

October 31, 2017 — The following was released by NOAA Fisheries:

KEY MESSAGE:

NOAA Fisheries requests your comments on a proposed interim rule for golden tilefish. The proposed actions in the interim rule would temporarily reduce golden tilefish catch limits for 2018 based on the most recent population assessment. The purpose of the action is to reduce overfishing (rate of removal is too high) of golden tilefish while management measures are being developed to end overfishing.

Comments are due by November 14, 2017.

SUMMARY OF PROPOSED CHANGES:

  • The proposed interim rule would temporarily reduce the total catch limit for golden tilefish from 558,036 to 323,000 poundsgutted weight. Using the existing allocations, the temporary catch limits would be 313,310 pounds gutted weight for the commercial fishery and 2,187 fish for the recreational fishery. For commercial fishermen, the hook-and-line catch limit would be 78,328 pounds gutted weight and the long-line catch limit would be 234,982 pounds gutted weight.
  • The interim measures would be effective for 180 days after the date of publication and may be extended for an additional 186 days while the South Atlantic Fishery Management Council develops Amendment 45 to the Fishery Management Plan for the Snapper-Grouper Fishery in the South Atlantic (Amendment 45).

HOW TO COMMENT ON THE PROPOSED INTERIM RULE:

There is a 15 day comment period associated with this proposed interim rule. The comment period is now open through November 14, 2017. We will address all comments specifically directed to the proposed interim rule in the final rule. You may submit comments by electronic submission or by postal mail. Comments sent by any other method (such as e-mail), to any other address or individual, or received after the end of the comment period, may not be considered by NOAA Fisheries.

FORMAL FEDERAL REGISTER NAME/NUMBER:

82 FR 50101, published October 30, 2017

Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal.
1. Go to https://www.regulations.gov/document?D=NOAA-NMFS-2017-0111-0001.

2. Click the “Comment Now!” icon, complete the required fields.

3.Enter or attach your comments.
Mail: Submit written comments to Karla Gore, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.

This bulletin serves as a Small Entity Compliance Guide, complying with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996.

FREQUENTLY ASKED QUESTIONS (FAQs)

Why is the temporary reduction in the catch limit being proposed?

  • These temporary regulations will reduce overfishing of golden tilefish while long term management measures are developed to end overfishing in Amendment 45.
  • In April 2016, a population assessment update for golden tilefish was completed using data through 2014 (SEDAR 25 Update 2016). The updated assessment indicated that the golden tilefish population is undergoing overfishing but is not overfished (population abundance is too low).
  • As mandated by the Magnuson-Stevens Fishery Conservation and Management Act, the South Atlantic Fishery Management Council and NOAA Fisheries must end overfishing of golden tilefish.

What are the proposed actions in the interim rule?

  • Temporarily revise the commercial and recreational catch limits for golden tilefish for 2018 (See Table 1 below).

Table 1. Proposed commercial and recreational catch limits for golden tilefish

Total

catch limit

 Commercial catch limit Commercial Hook-and-Line catch limit Commercial Longline catch limit Recreational catch limit
(pounds gutted weight) (pounds gutted weight) (pounds gutted weight) (pounds gutted weight)  (numbers of fish)
 323,000  313,310  78,328  234,982  2,187

Where can I find more information on the environmental assessment and the interim rule?   

  • Contact NOAA Fisheries, Southeast Regional Office

By Mail:

Karla Gore
NOAA Fisheries, Southeast Regional Office
Sustainable Fisheries Division
263 13th Avenue South
St. Petersburg, Florida 33701-5505
By FAX: (727) 824-5308
By Phone: (727) 824-5305

Access this and other Fishery Bulletins from NOAA Fisheries Southeast Regional Office by clicking here