Fisheries of the Northeastern United States; Atlantic Deep-Sea Red Crab Fishery; 2020-2023 Atlantic Deep-Sea Red Crab Specifications, 9717-9720 [2020-03281]
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<![CDATA[
9717
Federal Register / Vol. 85, No. 34 / Thursday, February 20, 2020 / Proposed Rules
(copies of a chart depicting this area are
available from the Regional
Administrator upon request):
Point
TABLE 5 TO PARAGRAPH (e)
Point
NLSSD1
NLSSD2
NLSSD3
NLSSD4
NLSSD5
NLSSD1
N latitude
............
............
............
............
............
............
W longitude
40°22′
40°15′
40°15′
40°28′
40°28′
40°22′
69°30′
69°30′
69°00′
69°00′
69°17′
69°30′
(f) Nantucket Lightship West Scallop
Rotational Area. From April 1, 2020
through May 30, 2020, the Nantucket
Lightship West Scallop Rotational Area
is defined by straight lines connecting
the following points in the order stated
(copies of a chart depicting this area are
available from the Regional
Administrator upon request):
TABLE 6 TO PARAGRAPH (f)
Point
N latitude
NLSW1 .............
40°20′
W longitude
(h) Nantucket Lightship-Triangle
Scallop Rotational Area. The Nantucket
Lightship Triangle Scallop Rotational
W longitude Area is defined by straight lines
connecting the following points in the
70°00′ order stated (copies of a chart depicting
69°30′ this area are available from the Regional
69°30′ Administrator upon request):
TABLE 6 TO PARAGRAPH (f)—
Continued
NLSW2
NLSW3
NLSW4
NLSW1
N latitude
.............
.............
.............
.............
40°43.44′
40°43.44′
40°20′
40°20′
70°00′
TABLE 8 TO PARAGRAPH (h)
(g) Nantucket Lightship-North Scallop
Rotational Area. The Nantucket
Lightship North Scallop Rotational Area
is defined by straight lines connecting
the following points in the order stated
(copies of a chart depicting this area are
available from the Regional
Administrator upon request):
TABLE 7 TO PARAGRAPH (g)
Point
NLSN1
NLSN2
NLSN3
NLSN4
NLSN1
N latitude
..............
..............
..............
..............
..............
W longitude
40°50′
40°50′
40°28′
40°28′
40°50′
69°30′
69°00′
69°00′
69°30′
69°30′
70°00′
Point
NLST1
NLST2
NLST3
NLST1
...............
...............
...............
...............
N latitude
I
40°28′
40°28′
40°22′
40°28′
W longitude
I
69°30′
69°17′
69°30′
69°30′
10. In § 648.62, revise paragraph (b)(1)
and add paragraph (e) to read as follows:
■
§ 648.62 Northern Gulf of Maine (NGOM)
Management Program.
*
*
*
*
*
(b) * * *
(1) NGOM annual hard TACs. The
LAGC and the limited access portions of
the annual hard TAC for the NGOM
2020 and 2021 fishing years are as
follows:
TABLE 1 TO PARAGRAPH (b)(1)
2020
2021
(default)
Fleet
lb
lb
kg
LAGC ...............................................................................................................................
Limited access .................................................................................................................
206,282
140,000
93,567
63,503
167,500
97,500
75,977
44,225
Total .............................................................................................................................
346,282
157,071
265,000
120,202
*
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kg
*
*
*
*
(e) Stellwagen Bank Scallop Closed
Area. (1) From April 1, 2020 through
March 31, 2022, unless a vessel has
fished for scallops outside of the
Stellwagen Bank scallop management
area and is transiting the area with all
fishing gear stowed and not available for
immediate use as defined in § 648.2, no
vessel issued a Federal scallop permit
pursuant to § 648.4(a)(2) may possess,
retain, or land scallops in the
Stellwagen Bank Scallop Closed Area.
(2) From April 1, 2020 through March
31, 2022, the Stellwagen Bank Scallop
Closed Area is defined by straight lines
connecting the following points in the
order stated (copies of a chart depicting
this area are available from the Regional
Administrator upon request):
TABLE 2 TO PARAGRAPH (e)(2)
Point
SB1
SB2
SB3
SB4
SB1
N latitude
...................
...................
...................
...................
...................
42°26′
42°26′
42°20′
42°20′
42°26′
W longitude
70°27′
70°15′
70°15′
70°27′
70°27′
[FR Doc. 2020–03172 Filed 2–19–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No.: 200212–0054]
RIN 0648–BI31
Fisheries of the Northeastern United
States; Atlantic Deep-Sea Red Crab
Fishery; 2020–2023 Atlantic Deep-Sea
Red Crab Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed specifications; request
for comments.
AGENCY:
We are proposing
specifications for the 2020 Atlantic
deep-sea red crab fishery, including an
annual catch limit and total allowable
landings limit, projected quotas for
SUMMARY:
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9718
Federal Register / Vol. 85, No. 34 / Thursday, February 20, 2020 / Proposed Rules
2021–2023, and a clarification to the
specifications process. The proposed
action is intended to establish the
allowable 2020 harvest levels,
consistent with the Atlantic Deep-Sea
Red Crab Fishery Management Plan.
This action is necessary to establish
allowable red crab harvest levels that
will prevent overfishing.
DATES: Comments must be received on
or before March 6, 2020.
ADDRESSES: You may submit comments,
identified by NOAA–NMFS–2020–0007,
by any one of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20200007, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Michael Pentony, Regional
Administrator, NMFS, Greater Atlantic
Regional Fisheries Office, 55 Great
Republic Drive, Gloucester, MA 01930.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publically accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Copies of the specifications
document, including the Regulatory
Flexibility Act Analysis and other
supporting documents for the
specifications, are available from
Thomas A. Nies, Executive Director,
New England Fishery Management
Council, 50 Water Street, Mill 2,
Newburyport, MA 01950 or at https://
www.nefmc.org/management-plans/redcrab. The specifications document is
also accessible via the internet at:
https://
www.greateratlantic.fisheries.noaa.gov/.
FOR FURTHER INFORMATION CONTACT:
Allison Murphy, Fishery Policy Analyst,
(978) 281–9122.
SUPPLEMENTARY INFORMATION:
Background
The Atlantic deep-sea red crab fishery
is managed by the New England Fishery
Management Council. The Atlantic
Deep-Sea Red Crab Fishery Management
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16:51 Feb 19, 2020
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Plan (FMP) includes a specification
process that requires the Council to
recommend, on a triennial basis, an
acceptable biological catch (ABC), an
annual catch limit (ACL), and total
allowable landings (TAL). The Council’s
Scientific and Statistical Committee
(SSC) provides a recommendation to the
Council for the ABC. The Council makes
a recommendation to us that cannot
exceed the ABC recommendation of its
SSC.
The Council’s recommendations must
include supporting documentation
concerning the environmental,
economic, and social impacts of the
recommendations. We are responsible
for reviewing these recommendations to
ensure that they achieve the FMP
objectives and are consistent with all
applicable laws. Following this review,
we then publish proposed specifications
in the Federal Register. After
considering public comment, we will
publish final specifications in the
Federal Register.
The FMP was implemented in 2002
and was originally managed under a
target total allowable catch (TAC) and
days-at-sea (DAS) system that allocated
DAS equally across the small fleet of
limited access permitted vessels.
Amendment 3 to the FMP removed a
trip limit restriction, and replaced the
target TAC and DAS allocation with a
catch limit structure consistent with the
ACL and accountability measure
requirements of the Magnuson-Stevens
Fishery Conservation and Management
Act. Under Amendment 3 (76 FR 60379;
September 29, 2011), the 2011–2013 red
crab specifications were set with an
ABC equal to the long-term average
landings of the directed red crab fishery
(1,775 metric tons (mt)). These
specifications were continued for
fishing years 2014–2016 (79 FR 24356;
April 30, 2014) and 2017–2019 (82 FR
11322, February 22, 2017; 83 FR 4849,
February 2, 2018; 83 FR 66161,
December 26, 2018).
red crab fishery carried out by the Data
Poor Stocks Working Group in 2009 and
the recommendations of the Council’s
SSC. The recommended specifications
include a 12.7-percent increase for
2020–2023 when compared to the
previous specifications. While an OFL
has not been determined for the stock,
the Council and its SSC assert that the
increased catch limit will not result in
overfishing and adequately accounts for
scientific uncertainty due to past
performance of underharvesting past
specifications.
Recent landings, landing per unit of
effort, port samples, discard
information, and economic data suggest
there has been no change in the size of
the red crab stock since Amendment 3
was implemented in 2011. On August
21, 2019, the SSC recommended a
2,000-mt ABC for fishing years 2020–
2023 for the directed fishery. The
Council approved the 2,000-mt ABC,
ACL, and TAL on September 24, 2019.
We are proposing the Councilrecommended specifications for fishing
year 2020. By providing projected
quotas for 2021–2023, we hope to assist
fishery participants in planning ahead.
At the end of each fishing year, we
evaluate catch information and
determine if the quota has been
exceeded. If a quota is exceeded, the
regulations at 50 CFR 648.262(b) require
a pound-for-pound reduction in a
subsequent fishing year, through
notification consistent with the
Administrative Procedure Act. We
would publish a notice in the Federal
Register of any revisions to the
projected specifications if an overage
occurs. We expect, based on the
performance of the red crab fishery over
time, that such adjustments would be
unlikely. Current fishery projections
indicate that no adjustment would be
necessary for fishing year 2020. We will
provide notice of the final 2021–2023
quotas prior to the start of each
respective fishing year.
Proposed Specifications
The biological and management
reference points currently in the FMP
are used to determine whether
overfishing is occurring or if the stock
is overfished. There is insufficient
information on the species to establish
the maximum sustainable yield,
optimum yield, or overfishing limit
(OFL). ABC is defined in terms of
landings instead of total catch because
there is insufficient information to
estimate dead discards of red crab.
The Council’s recommendation for
the 2020–2023 red crab specifications
are based on the results of the most
recent peer-reviewed assessment of the
Proposed Clarifications
We are proposing the following
clarifications to specifications
regulations based on Council
recommendations. First, we are
proposing to change the red crab
specifications cycle from 3 to 4 years.
The Northeast Region Coordinating
Council (NRCC), consisting of the New
England and Mid-Atlantic Councils, the
Atlantic States Marine Fisheries
Commission, and NMFS Greater
Atlantic Regional Fisheries Office and
Northeast Fisheries Science Center
recently developed a stock assessment
prioritization process to identify
assessment needs and schedule stock
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assessments. In 2018, the NRCC
unanimously approved a new
assessment process that changed the
frequency of assessments for many
stocks. Because of its low level of
biological information, relatively low
economic value, and lower biological
vulnerability, and because of constraints
on scientific resources, the NRCC
changed the Atlantic deep-sea red crab
assessment from a 3-year to a 4-year
assessment cycle. Consequently, the
Council sought to align the
specifications cycle with the new 4-year
assessment cycle. Thus, this action
proposes specification for 4 years.
Second, under the authority of section
305(d) to the Magnuson-Stevens Act, in
compliance with Executive Order
13771, and at the recommendation of
the Council, we are proposing to remove
the requirements for the Red Crab Plan
Development Team (PDT) to meet
annually and for the Red Crab
Committee to meet before forwarding
actions to the Council. Requiring the
PDT to meet annually to review the
status of the fishery is duplicative and
unnecessary. We must monitor fishery
catch throughout the year to determine
if an accountability measure is
necessary. Accountability measures for
the fishery require that we close the
directed fishery if the TAL has been
harvested and implement a pound-forpound reduction in a subsequent fishing
year if an overage occurs, through
notification consistent with the
Administrative Procedure Act. We
would publish a notice in the Federal
Register of any revisions to these
proposed specifications if an overage
occurs. Requiring the PDT to review this
information would duplicate NMFS
effort. Additionally, for the past several
specifications cycles, the PDT has
forwarded recommendations directly to
the Council and no Red Crab Committee
has met. This rule proposes to
streamline the Council process by
removing the requirement for the Red
Crab Committee to meet.
Classification
Pursuant to section 304(b)(1)(A) of the
Act, the NMFS Assistant Administrator
has determined that this proposed rule
is consistent with the Atlantic Deep-Sea
Red Crab FMP, other provisions of the
Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
This proposed rule is not an
Executive Order 13771 regulatory action
because this rule is not significant under
Executive Order 13866.
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The Chief Counsel for Regulation,
Department of Commerce, certified to
the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
that this proposed rule, if adopted,
would not have a significant economic
impact on a substantial number of small
entities. The Council prepared an
analysis of the potential economic
impacts of this action, which is
included in the Council’s document for
this action (see ADDRESSES to obtain a
copy of the supplemental information
report) and supplemented by
information contained in the preamble
of this proposed rule. For Regulatory
Flexibility Act (RFA) purposes only,
NMFS has established a small business
size standard for businesses, including
their affiliates, whose primary industry
in commercial fishing (see 50 CFR part
200). A business primarily engaged in
commercial fishing (NAICS code 11411)
is classified as a small business if it is
independently owned and operated, is
not dominant in its field of operation
(including its affiliates), and has
combined annual receipts not in excess
of $11 million for all its affiliated
operations worldwide. Using this
definition, there are two distinct
ownership entities and four fishing
vessels based on available permit data
that are directly regulated by this action.
As there are only two business entities,
the degree of ownership is not known.
A review of revenue data from 2016–
2018 indicates that the total value of
landings of red crab and other species
over the last 3 years averaged $3.47
million, so it is safe to assume that all
business entities in the harvesting sector
can be categorized as small businesses
for purpose of the RFA.
There is no reason to believe small
entities will be substantially affected by
the proposed action. The proposed
action will affect both business entities
and the four vessels that participate in
the directed red crab fishery, but it is
not expected to have any negative
impact on the gross or average revenues
for the fishery because it increases the
quota by 12.7 percent. In addition, this
quota is substantially higher than
landings in recent years (fishing years
2016 through 2018 landings averaged
1,494 mt (3.29 million lb)). As a result,
the proposed action is not expected to
constrain landings markets for red crab
and is not expected to have a significant
economic impact on a substantial
number of small entities.
As a result, an initial regulatory
flexibility analysis is not required and
none has been prepared.
Authority: 16 U.S.C. 1801 et seq.
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9719
Dated: February 12, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is proposed
to be amended as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.260, revise paragraphs (a)
introductory text, (a)(1) through (3), and
(b) to read as follows:
■
§ 648.260
Specifications.
(a) Review and specifications process.
The Council, the Red Crab Plan
Development Team (PDT), and the Red
Crab Advisory Panel shall monitor the
status of the red crab fishery and
resource.
(1) The Red Crab PDT shall meet at
least once every 4 years, or as directed
by the Council, to review Stock
Assessment reports and generate a
Fishery Evaluation (SAFE) Report,
described in paragraph (b) of this
section, to review the status of the stock
and the fishery. Based on such review,
the PDT shall provide a report to the
Council on any changes or new
information about the red crab stock
and/or fishery, and it shall recommend
whether the specifications for the
upcoming year(s) need to be modified.
At a minimum, this review shall include
a review of at least the following data,
if available: Commercial catch data;
current estimates of fishing mortality
and catch-per-unit-effort (CPUE);
discards; stock status; recent estimates
of recruitment; virtual population
analysis results and other estimates of
stock size; sea sampling, port sampling,
and survey data or, if sea sampling data
are unavailable, length frequency
information from port sampling and/or
surveys; impact of other fisheries on the
mortality of red crabs; and any other
relevant information.
(2) If new and/or additional
information becomes available, the Red
Crab PDT shall consider it during this
review. Based on this review, the Red
Crab PDT shall provide guidance to the
Council regarding the need to adjust
measures in the Red Crab FMP to better
achieve the FMP’s objectives. After
considering guidance, the Council may
submit to NMFS its recommendations
for changes to management measures, as
appropriate, through the specifications
process described in this section, the
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framework process specified in
§ 648.261, or through an amendment to
the FMP.
(3) Based on the review, described
above, and/or the SAFE Report
described in paragraph (b) of this
section, recommendations for
acceptable biological catch (ABC) from
the Scientific and Statistical Committee
(SSC), and any other relevant
information, the Red Crab PDT shall
recommend to the Council the following
specifications for harvest of red crab: An
annual catch limit (ACL) set less than or
equal to ABC; and total allowable
landings (TAL) necessary to meet the
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objectives of the FMP in each red crab
fishing year, specified for a period of up
to 4 fishing years.
*
*
*
*
*
(b) SAFE Report. (1) The Red Crab
PDT shall prepare a SAFE Report at
least every 4 yr. Based on the SAFE
Report, the Red Crab PDT shall develop
and present to the Council
recommended specifications as defined
in paragraph (a) of this section for up to
4 fishing years. The SAFE Report shall
be the primary vehicle for the
presentation of all updated biological
and socio-economic information
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regarding the red crab fishery. The
SAFE Report shall provide source data
for any adjustments to the management
measures that may be needed to
continue to meet the goals and
objectives of the FMP.
(2) In any year in which a SAFE
Report is not completed by the Red Crab
PDT, the review process described in
paragraph (a) of this section shall be
used to recommend any necessary
adjustments to specifications and/or
management measures in the FMP.
[FR Doc. 2020–03281 Filed 2–19–20; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 85, Number 34 (Thursday, February 20, 2020)]
[Proposed Rules]
[Pages 9717-9720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03281]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No.: 200212-0054]
RIN 0648-BI31
Fisheries of the Northeastern United States; Atlantic Deep-Sea
Red Crab Fishery; 2020-2023 Atlantic Deep-Sea Red Crab Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed specifications; request for comments.
-----------------------------------------------------------------------
SUMMARY: We are proposing specifications for the 2020 Atlantic deep-sea
red crab fishery, including an annual catch limit and total allowable
landings limit, projected quotas for
[[Page 9718]]
2021-2023, and a clarification to the specifications process. The
proposed action is intended to establish the allowable 2020 harvest
levels, consistent with the Atlantic Deep-Sea Red Crab Fishery
Management Plan. This action is necessary to establish allowable red
crab harvest levels that will prevent overfishing.
DATES: Comments must be received on or before March 6, 2020.
ADDRESSES: You may submit comments, identified by NOAA-NMFS-2020-0007,
by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2020-0007, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Michael Pentony, Regional
Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55
Great Republic Drive, Gloucester, MA 01930.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publically accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Copies of the specifications document, including the Regulatory
Flexibility Act Analysis and other supporting documents for the
specifications, are available from Thomas A. Nies, Executive Director,
New England Fishery Management Council, 50 Water Street, Mill 2,
Newburyport, MA 01950 or at https://www.nefmc.org/management-plans/red-crab. The specifications document is also accessible via the internet
at: https://www.greateratlantic.fisheries.noaa.gov/.
FOR FURTHER INFORMATION CONTACT: Allison Murphy, Fishery Policy
Analyst, (978) 281-9122.
SUPPLEMENTARY INFORMATION:
Background
The Atlantic deep-sea red crab fishery is managed by the New
England Fishery Management Council. The Atlantic Deep-Sea Red Crab
Fishery Management Plan (FMP) includes a specification process that
requires the Council to recommend, on a triennial basis, an acceptable
biological catch (ABC), an annual catch limit (ACL), and total
allowable landings (TAL). The Council's Scientific and Statistical
Committee (SSC) provides a recommendation to the Council for the ABC.
The Council makes a recommendation to us that cannot exceed the ABC
recommendation of its SSC.
The Council's recommendations must include supporting documentation
concerning the environmental, economic, and social impacts of the
recommendations. We are responsible for reviewing these recommendations
to ensure that they achieve the FMP objectives and are consistent with
all applicable laws. Following this review, we then publish proposed
specifications in the Federal Register. After considering public
comment, we will publish final specifications in the Federal Register.
The FMP was implemented in 2002 and was originally managed under a
target total allowable catch (TAC) and days-at-sea (DAS) system that
allocated DAS equally across the small fleet of limited access
permitted vessels. Amendment 3 to the FMP removed a trip limit
restriction, and replaced the target TAC and DAS allocation with a
catch limit structure consistent with the ACL and accountability
measure requirements of the Magnuson-Stevens Fishery Conservation and
Management Act. Under Amendment 3 (76 FR 60379; September 29, 2011),
the 2011-2013 red crab specifications were set with an ABC equal to the
long-term average landings of the directed red crab fishery (1,775
metric tons (mt)). These specifications were continued for fishing
years 2014-2016 (79 FR 24356; April 30, 2014) and 2017-2019 (82 FR
11322, February 22, 2017; 83 FR 4849, February 2, 2018; 83 FR 66161,
December 26, 2018).
Proposed Specifications
The biological and management reference points currently in the FMP
are used to determine whether overfishing is occurring or if the stock
is overfished. There is insufficient information on the species to
establish the maximum sustainable yield, optimum yield, or overfishing
limit (OFL). ABC is defined in terms of landings instead of total catch
because there is insufficient information to estimate dead discards of
red crab.
The Council's recommendation for the 2020-2023 red crab
specifications are based on the results of the most recent peer-
reviewed assessment of the red crab fishery carried out by the Data
Poor Stocks Working Group in 2009 and the recommendations of the
Council's SSC. The recommended specifications include a 12.7-percent
increase for 2020-2023 when compared to the previous specifications.
While an OFL has not been determined for the stock, the Council and its
SSC assert that the increased catch limit will not result in
overfishing and adequately accounts for scientific uncertainty due to
past performance of underharvesting past specifications.
Recent landings, landing per unit of effort, port samples, discard
information, and economic data suggest there has been no change in the
size of the red crab stock since Amendment 3 was implemented in 2011.
On August 21, 2019, the SSC recommended a 2,000-mt ABC for fishing
years 2020-2023 for the directed fishery. The Council approved the
2,000-mt ABC, ACL, and TAL on September 24, 2019. We are proposing the
Council-recommended specifications for fishing year 2020. By providing
projected quotas for 2021-2023, we hope to assist fishery participants
in planning ahead.
At the end of each fishing year, we evaluate catch information and
determine if the quota has been exceeded. If a quota is exceeded, the
regulations at 50 CFR 648.262(b) require a pound-for-pound reduction in
a subsequent fishing year, through notification consistent with the
Administrative Procedure Act. We would publish a notice in the Federal
Register of any revisions to the projected specifications if an overage
occurs. We expect, based on the performance of the red crab fishery
over time, that such adjustments would be unlikely. Current fishery
projections indicate that no adjustment would be necessary for fishing
year 2020. We will provide notice of the final 2021-2023 quotas prior
to the start of each respective fishing year.
Proposed Clarifications
We are proposing the following clarifications to specifications
regulations based on Council recommendations. First, we are proposing
to change the red crab specifications cycle from 3 to 4 years. The
Northeast Region Coordinating Council (NRCC), consisting of the New
England and Mid-Atlantic Councils, the Atlantic States Marine Fisheries
Commission, and NMFS Greater Atlantic Regional Fisheries Office and
Northeast Fisheries Science Center recently developed a stock
assessment prioritization process to identify assessment needs and
schedule stock
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assessments. In 2018, the NRCC unanimously approved a new assessment
process that changed the frequency of assessments for many stocks.
Because of its low level of biological information, relatively low
economic value, and lower biological vulnerability, and because of
constraints on scientific resources, the NRCC changed the Atlantic
deep-sea red crab assessment from a 3-year to a 4-year assessment
cycle. Consequently, the Council sought to align the specifications
cycle with the new 4-year assessment cycle. Thus, this action proposes
specification for 4 years.
Second, under the authority of section 305(d) to the Magnuson-
Stevens Act, in compliance with Executive Order 13771, and at the
recommendation of the Council, we are proposing to remove the
requirements for the Red Crab Plan Development Team (PDT) to meet
annually and for the Red Crab Committee to meet before forwarding
actions to the Council. Requiring the PDT to meet annually to review
the status of the fishery is duplicative and unnecessary. We must
monitor fishery catch throughout the year to determine if an
accountability measure is necessary. Accountability measures for the
fishery require that we close the directed fishery if the TAL has been
harvested and implement a pound-for-pound reduction in a subsequent
fishing year if an overage occurs, through notification consistent with
the Administrative Procedure Act. We would publish a notice in the
Federal Register of any revisions to these proposed specifications if
an overage occurs. Requiring the PDT to review this information would
duplicate NMFS effort. Additionally, for the past several
specifications cycles, the PDT has forwarded recommendations directly
to the Council and no Red Crab Committee has met. This rule proposes to
streamline the Council process by removing the requirement for the Red
Crab Committee to meet.
Classification
Pursuant to section 304(b)(1)(A) of the Act, the NMFS Assistant
Administrator has determined that this proposed rule is consistent with
the Atlantic Deep-Sea Red Crab FMP, other provisions of the Magnuson-
Stevens Act, and other applicable law, subject to further consideration
after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
This proposed rule is not an Executive Order 13771 regulatory
action because this rule is not significant under Executive Order
13866.
The Chief Counsel for Regulation, Department of Commerce, certified
to the Chief Counsel for Advocacy of the Small Business Administration
(SBA) that this proposed rule, if adopted, would not have a significant
economic impact on a substantial number of small entities. The Council
prepared an analysis of the potential economic impacts of this action,
which is included in the Council's document for this action (see
ADDRESSES to obtain a copy of the supplemental information report) and
supplemented by information contained in the preamble of this proposed
rule. For Regulatory Flexibility Act (RFA) purposes only, NMFS has
established a small business size standard for businesses, including
their affiliates, whose primary industry in commercial fishing (see 50
CFR part 200). A business primarily engaged in commercial fishing
(NAICS code 11411) is classified as a small business if it is
independently owned and operated, is not dominant in its field of
operation (including its affiliates), and has combined annual receipts
not in excess of $11 million for all its affiliated operations
worldwide. Using this definition, there are two distinct ownership
entities and four fishing vessels based on available permit data that
are directly regulated by this action. As there are only two business
entities, the degree of ownership is not known. A review of revenue
data from 2016-2018 indicates that the total value of landings of red
crab and other species over the last 3 years averaged $3.47 million, so
it is safe to assume that all business entities in the harvesting
sector can be categorized as small businesses for purpose of the RFA.
There is no reason to believe small entities will be substantially
affected by the proposed action. The proposed action will affect both
business entities and the four vessels that participate in the directed
red crab fishery, but it is not expected to have any negative impact on
the gross or average revenues for the fishery because it increases the
quota by 12.7 percent. In addition, this quota is substantially higher
than landings in recent years (fishing years 2016 through 2018 landings
averaged 1,494 mt (3.29 million lb)). As a result, the proposed action
is not expected to constrain landings markets for red crab and is not
expected to have a significant economic impact on a substantial number
of small entities.
As a result, an initial regulatory flexibility analysis is not
required and none has been prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 12, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.260, revise paragraphs (a) introductory text, (a)(1)
through (3), and (b) to read as follows:
Sec. 648.260 Specifications.
(a) Review and specifications process. The Council, the Red Crab
Plan Development Team (PDT), and the Red Crab Advisory Panel shall
monitor the status of the red crab fishery and resource.
(1) The Red Crab PDT shall meet at least once every 4 years, or as
directed by the Council, to review Stock Assessment reports and
generate a Fishery Evaluation (SAFE) Report, described in paragraph (b)
of this section, to review the status of the stock and the fishery.
Based on such review, the PDT shall provide a report to the Council on
any changes or new information about the red crab stock and/or fishery,
and it shall recommend whether the specifications for the upcoming
year(s) need to be modified. At a minimum, this review shall include a
review of at least the following data, if available: Commercial catch
data; current estimates of fishing mortality and catch-per-unit-effort
(CPUE); discards; stock status; recent estimates of recruitment;
virtual population analysis results and other estimates of stock size;
sea sampling, port sampling, and survey data or, if sea sampling data
are unavailable, length frequency information from port sampling and/or
surveys; impact of other fisheries on the mortality of red crabs; and
any other relevant information.
(2) If new and/or additional information becomes available, the Red
Crab PDT shall consider it during this review. Based on this review,
the Red Crab PDT shall provide guidance to the Council regarding the
need to adjust measures in the Red Crab FMP to better achieve the FMP's
objectives. After considering guidance, the Council may submit to NMFS
its recommendations for changes to management measures, as appropriate,
through the specifications process described in this section, the
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framework process specified in Sec. 648.261, or through an amendment
to the FMP.
(3) Based on the review, described above, and/or the SAFE Report
described in paragraph (b) of this section, recommendations for
acceptable biological catch (ABC) from the Scientific and Statistical
Committee (SSC), and any other relevant information, the Red Crab PDT
shall recommend to the Council the following specifications for harvest
of red crab: An annual catch limit (ACL) set less than or equal to ABC;
and total allowable landings (TAL) necessary to meet the objectives of
the FMP in each red crab fishing year, specified for a period of up to
4 fishing years.
* * * * *
(b) SAFE Report. (1) The Red Crab PDT shall prepare a SAFE Report
at least every 4 yr. Based on the SAFE Report, the Red Crab PDT shall
develop and present to the Council recommended specifications as
defined in paragraph (a) of this section for up to 4 fishing years. The
SAFE Report shall be the primary vehicle for the presentation of all
updated biological and socio-economic information regarding the red
crab fishery. The SAFE Report shall provide source data for any
adjustments to the management measures that may be needed to continue
to meet the goals and objectives of the FMP.
(2) In any year in which a SAFE Report is not completed by the Red
Crab PDT, the review process described in paragraph (a) of this section
shall be used to recommend any necessary adjustments to specifications
and/or management measures in the FMP.
[FR Doc. 2020-03281 Filed 2-19-20; 8:45 am]
BILLING CODE 3510-22-P
