Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Specifications, 37778-37780 [2019-16484]
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Federal Register / Vol. 84, No. 149 / Friday, August 2, 2019 / Rules and Regulations
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(viii) Administrative Rules of Montana, Subchapter 10, Preconstruction Permit Requirements for Major Stationary Sources or Major
Modifications Locating Within Attainment or Unclassified Areas
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Excluding (1)(a)–(b).
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(ix) Administrative Rules of Montana, Subchapter 11, Visibility Impact Assessment
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(xi) Administrative Rules of Montana, Subchapter 14, Conformity of General Federal Actions
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[FR Doc. 2019–16382 Filed 8–1–19; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 190729–0006]
RIN 0648–XG657
Fisheries of the Northeastern United
States; Atlantic Mackerel, Squid, and
Butterfish Fisheries; Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS revises Illex squid
specifications and maintains previously
approved longfin squid and butterfish
specifications for the 2019 fishing year.
This action is necessary to specify catch
levels for the Illex squid fishery based
on updated information on allowable
catch levels and to provide notice that
NMFS is maintaining the previously
approved longfin squid and butterfish
specifications. These specifications are
intended to promote the sustainable
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SUMMARY:
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2/23/2018
9/3/2019
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[Insert Federal Register
citation]. 8/2/2019.
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utilization and conservation of the squid
and butterfish resources.
DATES: Effective August 1, 2019.
ADDRESSES: Copies of supporting
documents used by the Mid-Atlantic
Fishery Management Council, including
the Environmental Assessment (EA), the
Supplemental Information Report (SIR),
the Regulatory Impact Review (RIR), and
the Regulatory Flexibility Act (RFA)
analysis are available from: Dr.
Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery
Management Council, 800 North State
Street, Suite 201, Dover, DE 19901,
telephone (302) 674–2331. The EA/RIR/
RFA analysis is also accessible via the
internet at www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20180135.
FOR FURTHER INFORMATION CONTACT:
Douglas Christel, Fishery Policy
Analyst, (978) 281–9141, fax (978) 281–
9135.
SUPPLEMENTARY INFORMATION:
Background
The regulations implementing the
Atlantic Mackerel, Squid, and Butterfish
Fishery Management Plan (FMP) require
the Mid-Atlantic Fishery Management
Council’s Atlantic Mackerel, Squid, and
Butterfish Monitoring Committee to
develop specification recommendations
for each species based upon the
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acceptable biological catch (ABC) advice
of the Council’s Scientific and
Statistical Committee (SSC). The FMP
regulations also require the specification
of annual catch limits (ACL) and
accountability measure (AM) provisions
for butterfish. Both squid species are
exempt from the ACL/AM requirements
because they have a life cycle of less
than one year. In addition, the
regulations require the specification of
domestic annual harvest (DAH),
domestic annual processing (DAP), total
allowable level of foreign fishing
(TALFF), joint venture processing (JVP),
commercial and recreational annual
catch targets (ACT), the butterfish
mortality cap in the longfin squid
fishery, and initial optimum yield (IOY)
for both squid species.
On May 1, 2019 (84 FR 18471), we
published a proposed rule in the
Federal Register seeking public
comment on revising the previously
approved 2019 Illex squid specifications
and maintaining the longfin squid and
butterfish specifications. The proposed
rule for this action included additional
background on specifications and the
details of how the Council derived its
recommended specifications for Illex
and longfin squid and butterfish. Those
details are not repeated here. For
additional information, please refer to
the proposed rule for this action.
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Federal Register / Vol. 84, No. 149 / Friday, August 2, 2019 / Rules and Regulations
This action does not consider
revisions to existing specifications for
Atlantic mackerel. On August 13, 2018,
the Council approved Framework
Adjustment 13 to the FMP, which
included 2019 specifications for the
Atlantic mackerel fishery. On June 7,
2019, we published a separate proposed
rule in the Federal Register (84 FR
26634) to solicit public input on that
action. Until new specifications are
implemented, the existing Atlantic
mackerel, Illex squid, longfin squid, and
butterfish specifications will continue
pursuant to 50 CFR 648.22(d)(1).
At its June 2019 meeting, the Council
considered SSC input and updated data
on the status of each species managed
by the FMP as part of its annual
specifications review. For fishing year
2020, the Council recommended
maintaining the 2019 squid and
butterfish specifications implemented
by this final rule and the 2019 Atlantic
mackerel specifications proposed under
Framework Adjustment 13. We will
publish a separate rule consistent with
the Administrative Procedure Act (APA)
to implement the final 2020
specifications for these species.
2019 Longfin Squid Specifications
This action maintains the existing
longfin squid ABC of 23,400 mt for
2019, as implemented on March 1, 2018
(83 FR 8764). The IOY, DAH, and DAP
are calculated by deducting an
estimated discard rate (2.0 percent) from
the ABC, resulting in a 2019 IOY, DAH,
and DAP of 22,932 mt (Table 1). This
action also maintains the existing
allocation of longfin squid DAH among
trimesters according to percentages
specified in the FMP (Table 2). The
Council will review these specifications
during its annual specifications process
following annual data updates each
spring, and may change its
recommendation for 2020 if new
information is available.
[mt]
Unknown.
23,400.
22,932.
22,932.
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TABLE 2—2019 LONGFIN QUOTA
TRIMESTER ALLOCATIONS
Trimester
I (Jan–Apr) ......................
II (May–Aug) ....................
III (Sep–Dec) ...................
VerDate Sep<11>2014
Allocation
(mt)
Percent
16:58 Aug 01, 2019
43
17
40
9,861
3,898
9,173
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TABLE 3—2019 BUTTERFISH
SPECIFICATIONS IN METRIC TONS
[mt]
OFL .............................................................
ACL = ABC ..................................................
Commercial ACT (ABC—management uncertainty buffers for each year) ...............
DAH (ACT minus butterfish cap and discards) .......................................................
Directed Fishery closure limit (DAH—1,000
mt incidental landings buffer) ..................
Butterfish Cap (in the longfin squid fishery)
37,637
27,108
25,075
20,061
19,061
3,884
TABLE 4—TRIMESTER ALLOCATION OF
BUTTERFISH MORTALITY CAP ON
THE 2019 LONGFIN SQUID FISHERY
Trimester
Percent
Allocation
(mt)
I (Jan–Apr) ......................
II (May–Aug) ....................
III (Sep–Dec) ...................
43
17
40
1,670
660
1,554
Total .........................
100
3,884
Final 2019 Illex Squid Specifications
Consistent with the Council’s
recommendation, this action increases
the 2019 Illex ABC from 24,000 mt to
26,000 mt. The ABC is reduced by the
previously calculated discard rate (4.52
percent), which results in a 2019 IOY,
DAH, and DAP of 24,825 mt (Table 5),
an increase of 8 percent compared to
2018 levels (22,915 mt).
TABLE 5—2019 Illex SQUID
SPECIFICATIONS IN METRIC TONS
[mt]
TABLE 1—2019 LONGFIN SQUID
SPECIFICATIONS IN METRIC TONS
OFL ...............................................
ABC ..............................................
IOY ...............................................
DAH/DAP ......................................
2019 Butterfish Specifications
This action maintains the previously
approved 2019 butterfish specifications
outlined in Table 3, as implemented on
March 1, 2018 (83 FR 8764). This action
also maintains the existing butterfish
mortality cap in the longfin squid
fishery (3,884 mt) and the existing
allocation of the butterfish mortality cap
among longfin squid trimesters (Table
4).
OFL ...............................................
ABC ..............................................
IOY ...............................................
DAH/DAP ......................................
Unknown.
26,000.
24,825.
24,825.
Comments and Responses
NMFS received three comments in
response to the proposed rule for this
action from commercial fishing industry
groups. All comments supported all of
the proposed measures, including the
rationale used by the SSC to support the
proposed Illex squid ABC increase. We
agree, and have approved the proposed
measures for implementation through
this final rule.
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37779
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this final rule is consistent with the
Atlantic Mackerel, Squid, and Butterfish
FMP, other provisions of the MagnusonStevens Act, and other applicable law.
There is good cause under 5 U.S.C.
553(d)(3) to make this rule effective
immediately upon filing with the Office
of the Federal Register. As noted in the
proposed rule for this action, the
Council did not adopt final
recommendations for 2019 squid and
butterfish specifications until its
October 2019 meeting, submitting the
preliminary supporting analysis in
December 2019. Due to the government
shutdown in early January 2019, NMFS
could not work on the development and
review of the necessary analysis and
rulemaking for the 2019 squid and
butterfish specifications. Although
NMFS began working on the action as
soon as possible upon reopening of the
government, the backlog of work
prevented the proposed rule from being
published until May 1, 2019. As a
result, the final rule could not be
published until the Illex squid fishery
was well underway in 2019.
The current Illex squid ABC is set at
24,000 mt and would likely result in the
early closure of the fishery based on
catch rates in recent years. To date, the
2019 fishery is catching Illex squid at a
rate similar to 2018 when the fishery
was closed on August 14, 2018, after
catching the available quota under a
24,000 mt ABC. A 30-day delayed
effectiveness would increase the
likelihood that the fishery would close
prematurely based on the 24,000 mt
ABC that will be replaced by this final
rule. A premature closure under the
existing lower ABC would obligate us to
reopen the fishery under the increased
higher ABC once this action becomes
effective. A premature closure and
subsequent reopening would disrupt the
fishery and minimize potential benefits
of the increased ABC if Illex squid are
no longer available to the fishery. The
2,000-mt increase in the 2019 Illex squid
ABC implemented by this action
reduces the likelihood of a premature
fishery closure and provides additional
fishing opportunities for fishery
participants, which may result in up to
an additional $2 million in revenue to
fishing vessels and associated
communities. Because the Illex squid
fishery mostly occurs during the
summer, this increase enables the
fishery to better achieve optimum yield
and benefit from additional fishing
opportunities and revenue while Illex
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Federal Register / Vol. 84, No. 149 / Friday, August 2, 2019 / Rules and Regulations
squid are available to the fishery. As
noted above, the SSC concluded that
previous landings of up to 26,000 mt
has not resulted in harm to the stock
and would not likely result in
overfishing. An unnecessary delay in
implementing this increase would forgo
such benefits to affected entities without
any conservation benefits to the stock.
Therefore, it is in the public interest to
implement this final action and
associated increase in the 2019 Illex
squid ABC as soon as possible to avoid
an unnecessary closure of the Illex squid
fishery, achieve optimum yield in the
fishery, and maximize benefits to
fishery participants.
This final rule is exempt from review
under E.O. 12866. This final rule is not
an Executive Order 13771 regulatory
action because this final rule is exempt
from E.O. 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification and no other
information has been obtained that
suggests any other conclusion. As a
result, a regulatory flexibility analysis
was not required and none was
prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 29, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019–16484 Filed 8–1–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 180625576–8999–02]
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RIN 0648–BJ11
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
2019–2020 Biennial Specifications and
Management Measures; Inseason
Adjustments
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; inseason adjustments
to biennial groundfish management
measures.
This final rule announces
routine inseason adjustments to
management measures in commercial
groundfish fisheries. This action is
intended to allow commercial fishing
vessels to access more abundant
groundfish stocks while protecting
overfished and depleted stocks.
DATES: This final rule is effective August
2, 2019.
FOR FURTHER INFORMATION CONTACT:
Karen Palmigiano, phone: 206–526–
4491 or email: karen.palmigiano@
noaa.gov.
SUMMARY:
Electronic Access
This rule is accessible via the internet
at the Office of the Federal Register
website at https://
www.federalregister.gov. Background
information and documents are
available at the Pacific Fishery
Management Council’s website at https://
www.pcouncil.org/.
SUPPLEMENTARY INFORMATION:
Background
The Pacific Coast Groundfish Fishery
Management Plan (PCGFMP) and its
implementing regulations at title 50 in
the Code of Federal Regulations (CFR),
part 660, subparts C through G, regulate
fishing for over 90 species of groundfish
off the coasts of Washington, Oregon,
and California. The Pacific Fishery
Management Council (Council)
develops groundfish harvest
specifications and management
measures for two-year periods (i.e., a
biennium). NMFS published the final
rule to implement harvest specifications
and management measures for the
2019–2020 biennium for most species
managed under the PCGFMP on
December 12, 2018 (83 FR 63970). In
general, the management measures set at
the start of the biennial harvest
specifications cycle help the various
sectors of the fishery attain, but not
exceed, the catch limits for each stock.
The Council, in coordination with
Pacific Coast Treaty Indian Tribes and
the States of Washington, Oregon, and
California, recommends adjustments to
the management measures during the
fishing year to achieve this goal.
At its June 19–25, 2019 meeting, the
Council recommended four adjustments
to the 2019 commercial groundfish
fishery management measures,
including: (1) Increasing the limited
entry fixed gear (LEFG) trip limits for
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bocaccio between 40°10′ North latitude
(N lat.) and 34°27′ N lat.; (2) increasing
the shorebased individual fishing quota
(IFQ) fishery trip limits for big skate; (3)
increasing the open access (OA) trip
limits for sablefish both north and south
of 36° N lat., and (4) increasing the
amount of Pacific halibut that vessels in
the sablefish primary fishery north of
Point Chehalis may take incidentally.
Pacific Coast groundfish fisheries are
managed using harvest specifications or
limits (e.g., overfishing limits [OFL],
acceptable biological catch [ABC],
annual catch limits [ACL] and harvest
guidelines [HG]) recommended
biennially by the Council and based on
the best scientific information available
at that time (50 CFR 660.60(b)). During
development of the harvest
specifications, the Council also
recommends mitigation measures (e.g.,
trip limits, area closures, and bag limits)
that are meant to mitigate catch so as
not to exceed the harvest specifications.
The harvest specifications and
mitigation measures developed for the
2019–2020 biennium used data through
the 2017 fishing year. Each of the
adjustments to mitigation measures
discussed below are based on updated
fisheries information that was
unavailable when the analysis for the
current harvest specifications was
completed. As new fisheries data
becomes available, adjustments to
mitigation measures are projected so as
to help harvesters achieve but not
exceed the harvest limits.
LEFG Trip Limits for Bocaccio Between
40°10′ N Lat. and 34°27′ N Lat.
Bocaccio is managed with stockspecific harvest specifications south of
40°10′ N lat. and within the Minor Shelf
Rockfish complex north of 40°10′ N lat.
NMFS declared bocaccio overfished in
1999, and implemented a rebuilding
plan for the stock in 2000. NMFS
declared bocaccio officially rebuilt in
2017. New, higher catch limits resulting
from their rebuilt status were
implemented for bocaccio for the first
time in 2019. For example, the nontrawl allocation of bocaccio increased
from 442.3 mt in 2018 to 1,250 mt in
2019.
For 2019, the bocaccio ACL south of
40°10′ N lat. is 2,097 mt with a fishery
HG of 2,051 mt. The non-trawl
allocation is 1,250 mt. The supporting
analysis for the 2019–2020 harvest
specifications used landings data
through the 2017 fishing year to
determine appropriate mitigation
measures (e.g., commercial trip limits
and recreational bag limits) to ensure
catch reaches but does not exceed the
bocaccio ACL for south of 40°10′ N lat.
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]]>Agencies
[Federal Register Volume 84, Number 149 (Friday, August 2, 2019)]
[Rules and Regulations]
[Pages 37778-37780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16484]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 190729-0006]
RIN 0648-XG657
Fisheries of the Northeastern United States; Atlantic Mackerel,
Squid, and Butterfish Fisheries; Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS revises Illex squid specifications and maintains
previously approved longfin squid and butterfish specifications for the
2019 fishing year. This action is necessary to specify catch levels for
the Illex squid fishery based on updated information on allowable catch
levels and to provide notice that NMFS is maintaining the previously
approved longfin squid and butterfish specifications. These
specifications are intended to promote the sustainable utilization and
conservation of the squid and butterfish resources.
DATES: Effective August 1, 2019.
ADDRESSES: Copies of supporting documents used by the Mid-Atlantic
Fishery Management Council, including the Environmental Assessment
(EA), the Supplemental Information Report (SIR), the Regulatory Impact
Review (RIR), and the Regulatory Flexibility Act (RFA) analysis are
available from: Dr. Christopher M. Moore, Executive Director, Mid-
Atlantic Fishery Management Council, 800 North State Street, Suite 201,
Dover, DE 19901, telephone (302) 674-2331. The EA/RIR/RFA analysis is
also accessible via the internet at www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0135.
FOR FURTHER INFORMATION CONTACT: Douglas Christel, Fishery Policy
Analyst, (978) 281-9141, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
The regulations implementing the Atlantic Mackerel, Squid, and
Butterfish Fishery Management Plan (FMP) require the Mid-Atlantic
Fishery Management Council's Atlantic Mackerel, Squid, and Butterfish
Monitoring Committee to develop specification recommendations for each
species based upon the acceptable biological catch (ABC) advice of the
Council's Scientific and Statistical Committee (SSC). The FMP
regulations also require the specification of annual catch limits (ACL)
and accountability measure (AM) provisions for butterfish. Both squid
species are exempt from the ACL/AM requirements because they have a
life cycle of less than one year. In addition, the regulations require
the specification of domestic annual harvest (DAH), domestic annual
processing (DAP), total allowable level of foreign fishing (TALFF),
joint venture processing (JVP), commercial and recreational annual
catch targets (ACT), the butterfish mortality cap in the longfin squid
fishery, and initial optimum yield (IOY) for both squid species.
On May 1, 2019 (84 FR 18471), we published a proposed rule in the
Federal Register seeking public comment on revising the previously
approved 2019 Illex squid specifications and maintaining the longfin
squid and butterfish specifications. The proposed rule for this action
included additional background on specifications and the details of how
the Council derived its recommended specifications for Illex and
longfin squid and butterfish. Those details are not repeated here. For
additional information, please refer to the proposed rule for this
action.
[[Page 37779]]
This action does not consider revisions to existing specifications
for Atlantic mackerel. On August 13, 2018, the Council approved
Framework Adjustment 13 to the FMP, which included 2019 specifications
for the Atlantic mackerel fishery. On June 7, 2019, we published a
separate proposed rule in the Federal Register (84 FR 26634) to solicit
public input on that action. Until new specifications are implemented,
the existing Atlantic mackerel, Illex squid, longfin squid, and
butterfish specifications will continue pursuant to 50 CFR
648.22(d)(1).
At its June 2019 meeting, the Council considered SSC input and
updated data on the status of each species managed by the FMP as part
of its annual specifications review. For fishing year 2020, the Council
recommended maintaining the 2019 squid and butterfish specifications
implemented by this final rule and the 2019 Atlantic mackerel
specifications proposed under Framework Adjustment 13. We will publish
a separate rule consistent with the Administrative Procedure Act (APA)
to implement the final 2020 specifications for these species.
2019 Longfin Squid Specifications
This action maintains the existing longfin squid ABC of 23,400 mt
for 2019, as implemented on March 1, 2018 (83 FR 8764). The IOY, DAH,
and DAP are calculated by deducting an estimated discard rate (2.0
percent) from the ABC, resulting in a 2019 IOY, DAH, and DAP of 22,932
mt (Table 1). This action also maintains the existing allocation of
longfin squid DAH among trimesters according to percentages specified
in the FMP (Table 2). The Council will review these specifications
during its annual specifications process following annual data updates
each spring, and may change its recommendation for 2020 if new
information is available.
Table 1--2019 Longfin Squid Specifications in Metric Tons
[mt]
------------------------------------------------------------------------
------------------------------------------------------------------------
OFL........................................ Unknown.
ABC........................................ 23,400.
IOY........................................ 22,932.
DAH/DAP.................................... 22,932.
------------------------------------------------------------------------
Table 2--2019 Longfin Quota Trimester Allocations
------------------------------------------------------------------------
Allocation
Trimester Percent (mt)
------------------------------------------------------------------------
I (Jan-Apr)..................................... 43 9,861
II (May-Aug).................................... 17 3,898
III (Sep-Dec)................................... 40 9,173
------------------------------------------------------------------------
2019 Butterfish Specifications
This action maintains the previously approved 2019 butterfish
specifications outlined in Table 3, as implemented on March 1, 2018 (83
FR 8764). This action also maintains the existing butterfish mortality
cap in the longfin squid fishery (3,884 mt) and the existing allocation
of the butterfish mortality cap among longfin squid trimesters (Table
4).
Table 3--2019 Butterfish Specifications in Metric Tons
[mt]
------------------------------------------------------------------------
------------------------------------------------------------------------
OFL............................................................ 37,637
ACL = ABC...................................................... 27,108
Commercial ACT (ABC--management uncertainty buffers for each 25,075
year).........................................................
DAH (ACT minus butterfish cap and discards).................... 20,061
Directed Fishery closure limit (DAH--1,000 mt incidental 19,061
landings buffer)..............................................
Butterfish Cap (in the longfin squid fishery).................. 3,884
------------------------------------------------------------------------
Table 4--Trimester Allocation of Butterfish Mortality Cap on the 2019
Longfin Squid Fishery
------------------------------------------------------------------------
Allocation
Trimester Percent (mt)
------------------------------------------------------------------------
I (Jan-Apr)..................................... 43 1,670
II (May-Aug).................................... 17 660
III (Sep-Dec)................................... 40 1,554
-----------------------
Total....................................... 100 3,884
------------------------------------------------------------------------
Final 2019 Illex Squid Specifications
Consistent with the Council's recommendation, this action increases
the 2019 Illex ABC from 24,000 mt to 26,000 mt. The ABC is reduced by
the previously calculated discard rate (4.52 percent), which results in
a 2019 IOY, DAH, and DAP of 24,825 mt (Table 5), an increase of 8
percent compared to 2018 levels (22,915 mt).
Table 5--2019 Illex Squid Specifications in Metric Tons
[mt]
------------------------------------------------------------------------
------------------------------------------------------------------------
OFL........................................ Unknown.
ABC........................................ 26,000.
IOY........................................ 24,825.
DAH/DAP.................................... 24,825.
------------------------------------------------------------------------
Comments and Responses
NMFS received three comments in response to the proposed rule for
this action from commercial fishing industry groups. All comments
supported all of the proposed measures, including the rationale used by
the SSC to support the proposed Illex squid ABC increase. We agree, and
have approved the proposed measures for implementation through this
final rule.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this final rule is
consistent with the Atlantic Mackerel, Squid, and Butterfish 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 make this rule
effective immediately upon filing with the Office of the Federal
Register. As noted in the proposed rule for this action, the Council
did not adopt final recommendations for 2019 squid and butterfish
specifications until its October 2019 meeting, submitting the
preliminary supporting analysis in December 2019. Due to the government
shutdown in early January 2019, NMFS could not work on the development
and review of the necessary analysis and rulemaking for the 2019 squid
and butterfish specifications. Although NMFS began working on the
action as soon as possible upon reopening of the government, the
backlog of work prevented the proposed rule from being published until
May 1, 2019. As a result, the final rule could not be published until
the Illex squid fishery was well underway in 2019.
The current Illex squid ABC is set at 24,000 mt and would likely
result in the early closure of the fishery based on catch rates in
recent years. To date, the 2019 fishery is catching Illex squid at a
rate similar to 2018 when the fishery was closed on August 14, 2018,
after catching the available quota under a 24,000 mt ABC. A 30-day
delayed effectiveness would increase the likelihood that the fishery
would close prematurely based on the 24,000 mt ABC that will be
replaced by this final rule. A premature closure under the existing
lower ABC would obligate us to reopen the fishery under the increased
higher ABC once this action becomes effective. A premature closure and
subsequent reopening would disrupt the fishery and minimize potential
benefits of the increased ABC if Illex squid are no longer available to
the fishery. The 2,000-mt increase in the 2019 Illex squid ABC
implemented by this action reduces the likelihood of a premature
fishery closure and provides additional fishing opportunities for
fishery participants, which may result in up to an additional $2
million in revenue to fishing vessels and associated communities.
Because the Illex squid fishery mostly occurs during the summer, this
increase enables the fishery to better achieve optimum yield and
benefit from additional fishing opportunities and revenue while Illex
[[Page 37780]]
squid are available to the fishery. As noted above, the SSC concluded
that previous landings of up to 26,000 mt has not resulted in harm to
the stock and would not likely result in overfishing. An unnecessary
delay in implementing this increase would forgo such benefits to
affected entities without any conservation benefits to the stock.
Therefore, it is in the public interest to implement this final action
and associated increase in the 2019 Illex squid ABC as soon as possible
to avoid an unnecessary closure of the Illex squid fishery, achieve
optimum yield in the fishery, and maximize benefits to fishery
participants.
This final rule is exempt from review under E.O. 12866. This final
rule is not an Executive Order 13771 regulatory action because this
final rule is exempt from E.O. 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification and no other information has been obtained
that suggests any other conclusion. As a result, a regulatory
flexibility analysis was not required and none was prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 29, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019-16484 Filed 8-1-19; 8:45 am]
BILLING CODE 3510-22-P
