Clarification of Magnuson-Stevens Fishery Conservation and Management Act Regulation Regarding Monitor National Marine Sanctuary; Final Rulemaking, 15391-15392 [2020-05649]

Download as PDF Federal Register / Vol. 85, No. 53 / Wednesday, March 18, 2020 / Rules and Regulations collections subject to OMB approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any special considerations under Executive Order 12898, entitled ‘‘Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations’’ (59 FR 7629, February 16, 1994). Since tolerances and exemptions that are established on the basis of a petition under FFDCA section 408(d), such as the tolerances in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), do not apply. This action directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 2000) do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note). jbell on DSKJLSW7X2PROD with RULES VII. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). VerDate Sep<11>2014 18:10 Mar 17, 2020 Jkt 250001 15391 List of Subjects in 40 CFR Part 180 DEPARTMENT OF COMMERCE Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. National Oceanic and Atmospheric Administration Dated: March 2, 2020. Michael Goodis, Director, Registration Division, Office of Pesticide Programs. Clarification of Magnuson-Stevens Fishery Conservation and Management Act Regulation Regarding Monitor National Marine Sanctuary; Final Rulemaking PART 180—[AMENDED] Authority: 21 U.S.C. 321(q), 346a and 371. 2. In § 180.601: a. In the table in paragraph (a): ■ i. Remove the entries: Brassica, head and stem, subgroup 5A; and Brassica, leafy greens, subgroup 5B; ■ ii. Add alphabetically the entries: Brassica, leafy greens, subgroup 4–16B; Ginseng; and Kohlrabi; ■ iii. Remove the entry Leafy greens subgroup 4A; ■ iv. Add alphabetically the entry Leafy greens subgroup 4–16A; ■ v. Remove the entry Turnip, greens; and ■ vi. Add alphabetically the entry Vegetable, brassica, head and stem, group 5–16; and ■ b. Remove and reserve paragraph (b). The additions and revision read as follows: ■ ■ § 180.601 Cyazofamid; tolerances for residues. (a) * * * TABLE TO PARAGRAPH (A) Parts per million Commodity * * * * Brassica, leafy greens, subgroup 4–16B ...................................... * * * * * Ginseng ...................................... * * * * * Kohlrabi ....................................... Leafy greens subgroup 4–16A ... Vegetable, brassica, head and stem, group 5–16 .................... * * * * * * 15 0.3 1.5 10 1.5 * * * [FR Doc. 2020–04747 Filed 3–17–20; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00045 Fmt 4700 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: 1. The authority citation for part 180 continues to read as follows: ■ * [Docket No. 200313–0080] RIN 0648–BI82 Therefore, 40 CFR chapter I is amended as follows: * 50 CFR Part 600 Sfmt 4700 This final rule will clarify a regulation adopted under the Magnuson-Stevens Fishery Conservation and Management Act (MSA), which cross-references and incorrectly interprets regulations adopted under the National Marine Sanctuaries Act. The Monitor National Marine Sanctuary (Sanctuary) regulations currently prohibit some, but not all, fishing in the Sanctuary. NMFS is clarifying its regulation which incorrectly interprets Sanctuary regulations to prohibit all fishing in the Sanctuary by removing the fishing prohibition text and cross-referencing regulations for national marine sanctuaries. DATES: The final rule is effective March 18, 2020. FOR FURTHER INFORMATION CONTACT: Chris Wright, Fishery Policy Analyst, 301–427–8504, or via email chris.wright@noaa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Background The Sanctuary was designated as the nation’s first national marine sanctuary in 1975 and protects the wreck of the famed Civil War ironclad U.S.S. Monitor. This proposed rule would amend a general fishery regulation adopted under the MSA, which currently provides: ‘‘[a]ll fishing activity, regardless of species sought, is prohibited under 15 CFR part 924 in the U.S.S. Monitor Marine Sanctuary, which is located approximately 15 miles southwest of Cape Hatteras off the coast of North Carolina’’ (50 CFR 600.705(f)). This text incorrectly states that ‘‘all fishing activity’’ is prohibited under national marine sanctuary regulations. The Sanctuary regulations, which are currently codified at part 922, only expressly prohibit one type of fishing E:\FR\FM\18MRR1.SGM 18MRR1 15392 Federal Register / Vol. 85, No. 53 / Wednesday, March 18, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES activity, ‘‘trawling’’ (50 CFR 922.61(h)). The Sanctuary regulations further prohibit all ‘‘dredging’’ and ‘‘[a]nchoring in any manner, stopping, remaining, or drifting without power’’ (Id. § 922.61(a)). While these regulations limit some fishing activity, it is incorrect to state that all fishing is prohibited in the Sanctuary by national marine sanctuary regulations, as the current NMFS regulation provides. On December 16, 2019, NMFS issued a proposed rule (84 FR 68389) to clarify the regulatory text at 50 CFR 600.705(f) by removing the incorrect text and retaining a cross-reference to the Office of National Marine Sanctuaries’ regulations at 15 CFR part 922, which regulate activities in the national marine sanctuaries. The regulation we are amending is in the General Provisions for Domestic Fisheries (50 CFR part 600, subpart H). Regulations in part 600 implement and carry out all domestic fishery management plans (FMPs) adopted under the MSA. This action is authorized under MSA § 305(d), which gives the Agency general authority to carry out FMPs adopted under the MSA. Comments and Responses NMFS received four comments during the comment period. All written comments can be found at https:// www.regulations.gov/ by searching for RIN 0648–BI82. The comments received during the comment period are summarized below. Comment 1: The South Atlantic Fishery Management Council supports the proposed rule because it alleviates confusion regarding fishing regulations in the Sanctuary by removing the text that prohibits ‘‘all fishing activity.’’ The Council stated the remaining specific regulations that prohibit anchoring, trawling, drifting, diving, and lowering devices below the surface strike a reasonable balance between protecting the historic site and allowing limited fishing activity that will not impact the site. NMFS agrees with this comment because it reiterates the Agency’s rationale for this action. Comment 2: The North Carolina Division of Marine Fisheries supports the proposed rule because it removes the prohibition on all fishing activity in the regulatory text and references the appropriate regulations. They agree with NMFS that this action will remove unnecessary regulations, the net economic impact will be positive, and the modifications will potentially alleviate confusion among stake holders. NMFS agrees with this comment because it reiterates the Agency’s rationale for this action. VerDate Sep<11>2014 18:10 Mar 17, 2020 Jkt 250001 Comment 3: Two commenters, from the general public, did not support the proposed rule and asked NMFS to prohibit all fishing in the Sanctuary. NMFS disagrees with these comments. Nothing in the National Marine Sanctuaries Act requires NOAA to prohibit all fishing in national marine sanctuaries. NOAA’s Office of National Marine Sanctuaries believes that national marine sanctuaries should take into account various stakeholders and activities as long as they do not conflict with the primary goal of resource protection. The current Sanctuary regulations strike a balance of protecting the U.S.S. Monitor while allowing for some fishing to occur. flexibility analysis was not required and none was prepared. There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effective date. NMFS’ regulation at 50 CFR 600.705(f) currently interprets national marine sanctuary regulations incorrectly. This has the potential to create confusion regarding the fishing restrictions applicable to the Sanctuary and should be corrected as expeditiously as possible. The impact if this action is not implemented immediately is the continued potential for confusion from the public and the recreational and commercial fishing sectors in regard to the Sanctuary’s fishing regulations. Classification This final rule is promulgated pursuant to MSA § 305(d). The NMFS Assistant Administrator has determined that this rule is consistent with the MSA and other applicable law. This final rule has been determined to be not significant for purposes of Executive Order 12866. This final rule is considered an Executive Order 13771 deregulatory action. NMFS expects this final rule to alleviate the potential for confusion regarding the fishing allowed in the Sanctuary, by making clear that NMFS does not interpret Sanctuary regulations to prohibit all fishing in the Sanctuary. This final rule also makes clear that regulations governing fishing in national marine sanctuaries are set forth at 15 CFR part 222 and that these regulations may apply in addition to regulations adopted under the MSA. No duplicative, overlapping, or conflicting Federal rules have been identified beyond those discussed herein. In addition, no new reporting, recordkeeping, or other compliance requirements are introduced by this final rule. Accordingly, the Paperwork Reduction Act does not apply to this final rule. 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 rule would not have a significant economic impact on a substantial number of small entities. The factual basis for this determination was published in the proposed rule and is not repeated here. None of the public comments that were received specifically addressed the certification and NMFS has not received any new information that would affect its determination that this rule would not have a significant economic impact on a substantial number of small entities. As a result, a final regulatory List of Subjects in 50 CFR Part 600 Fisheries, Fishing, Reporting and recordkeeping requirements. PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 Dated: March 13, 2020. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons stated in the preamble, 50 CFR part 600 will be amended as follows: PART 600—MAGNUSON-STEVENS ACT PROVISIONS 1. The authority citation for part 600 continues to read as follows: ■ Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq. 2. In § 600.705, revise paragraph (f) to read as follows: ■ § 600.705 Relation to other laws. * * * * * (f) Marine sanctuaries. Regulations governing fishing activities inside the boundaries of national marine sanctuaries are set forth in 15 CFR part 922. * * * * * [FR Doc. 2020–05649 Filed 3–17–20; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 2020–04016] RTID 0648–XY072 Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in the West Yakutat District of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: E:\FR\FM\18MRR1.SGM 18MRR1

Agencies

[Federal Register Volume 85, Number 53 (Wednesday, March 18, 2020)]
[Rules and Regulations]
[Pages 15391-15392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05649]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[Docket No. 200313-0080]
RIN 0648-BI82


Clarification of Magnuson-Stevens Fishery Conservation and 
Management Act Regulation Regarding Monitor National Marine Sanctuary; 
Final Rulemaking

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule will clarify a regulation adopted under the 
Magnuson-Stevens Fishery Conservation and Management Act (MSA), which 
cross-references and incorrectly interprets regulations adopted under 
the National Marine Sanctuaries Act. The Monitor National Marine 
Sanctuary (Sanctuary) regulations currently prohibit some, but not all, 
fishing in the Sanctuary. NMFS is clarifying its regulation which 
incorrectly interprets Sanctuary regulations to prohibit all fishing in 
the Sanctuary by removing the fishing prohibition text and cross-
referencing regulations for national marine sanctuaries.

DATES: The final rule is effective March 18, 2020.

FOR FURTHER INFORMATION CONTACT: Chris Wright, Fishery Policy Analyst, 
301-427-8504, or via email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The Sanctuary was designated as the nation's first national marine 
sanctuary in 1975 and protects the wreck of the famed Civil War 
ironclad U.S.S. Monitor. This proposed rule would amend a general 
fishery regulation adopted under the MSA, which currently provides: 
``[a]ll fishing activity, regardless of species sought, is prohibited 
under 15 CFR part 924 in the U.S.S. Monitor Marine Sanctuary, which is 
located approximately 15 miles southwest of Cape Hatteras off the coast 
of North Carolina'' (50 CFR 600.705(f)). This text incorrectly states 
that ``all fishing activity'' is prohibited under national marine 
sanctuary regulations. The Sanctuary regulations, which are currently 
codified at part 922, only expressly prohibit one type of fishing

[[Page 15392]]

activity, ``trawling'' (50 CFR 922.61(h)). The Sanctuary regulations 
further prohibit all ``dredging'' and ``[a]nchoring in any manner, 
stopping, remaining, or drifting without power'' (Id. Sec.  922.61(a)). 
While these regulations limit some fishing activity, it is incorrect to 
state that all fishing is prohibited in the Sanctuary by national 
marine sanctuary regulations, as the current NMFS regulation provides.
    On December 16, 2019, NMFS issued a proposed rule (84 FR 68389) to 
clarify the regulatory text at 50 CFR 600.705(f) by removing the 
incorrect text and retaining a cross-reference to the Office of 
National Marine Sanctuaries' regulations at 15 CFR part 922, which 
regulate activities in the national marine sanctuaries. The regulation 
we are amending is in the General Provisions for Domestic Fisheries (50 
CFR part 600, subpart H). Regulations in part 600 implement and carry 
out all domestic fishery management plans (FMPs) adopted under the MSA. 
This action is authorized under MSA Sec.  305(d), which gives the 
Agency general authority to carry out FMPs adopted under the MSA.

Comments and Responses

    NMFS received four comments during the comment period. All written 
comments can be found at https://www.regulations.gov/ by searching for 
RIN 0648-BI82. The comments received during the comment period are 
summarized below.
    Comment 1: The South Atlantic Fishery Management Council supports 
the proposed rule because it alleviates confusion regarding fishing 
regulations in the Sanctuary by removing the text that prohibits ``all 
fishing activity.'' The Council stated the remaining specific 
regulations that prohibit anchoring, trawling, drifting, diving, and 
lowering devices below the surface strike a reasonable balance between 
protecting the historic site and allowing limited fishing activity that 
will not impact the site.
    NMFS agrees with this comment because it reiterates the Agency's 
rationale for this action.
    Comment 2: The North Carolina Division of Marine Fisheries supports 
the proposed rule because it removes the prohibition on all fishing 
activity in the regulatory text and references the appropriate 
regulations. They agree with NMFS that this action will remove 
unnecessary regulations, the net economic impact will be positive, and 
the modifications will potentially alleviate confusion among stake 
holders.
    NMFS agrees with this comment because it reiterates the Agency's 
rationale for this action.
    Comment 3: Two commenters, from the general public, did not support 
the proposed rule and asked NMFS to prohibit all fishing in the 
Sanctuary.
    NMFS disagrees with these comments. Nothing in the National Marine 
Sanctuaries Act requires NOAA to prohibit all fishing in national 
marine sanctuaries. NOAA's Office of National Marine Sanctuaries 
believes that national marine sanctuaries should take into account 
various stakeholders and activities as long as they do not conflict 
with the primary goal of resource protection. The current Sanctuary 
regulations strike a balance of protecting the U.S.S. Monitor while 
allowing for some fishing to occur.

Classification

    This final rule is promulgated pursuant to MSA Sec.  305(d). The 
NMFS Assistant Administrator has determined that this rule is 
consistent with the MSA and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This final rule is considered an Executive Order 13771 deregulatory 
action. NMFS expects this final rule to alleviate the potential for 
confusion regarding the fishing allowed in the Sanctuary, by making 
clear that NMFS does not interpret Sanctuary regulations to prohibit 
all fishing in the Sanctuary. This final rule also makes clear that 
regulations governing fishing in national marine sanctuaries are set 
forth at 15 CFR part 222 and that these regulations may apply in 
addition to regulations adopted under the MSA.
    No duplicative, overlapping, or conflicting Federal rules have been 
identified beyond those discussed herein. In addition, no new 
reporting, recordkeeping, or other compliance requirements are 
introduced by this final rule. Accordingly, the Paperwork Reduction Act 
does not apply to this final rule.
    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 rule would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for this determination was published in the 
proposed rule and is not repeated here. None of the public comments 
that were received specifically addressed the certification and NMFS 
has not received any new information that would affect its 
determination that this rule would not have a significant economic 
impact on a substantial number of small entities. As a result, a final 
regulatory flexibility analysis was not required and none was prepared.
    There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day 
delay in effective date. NMFS' regulation at 50 CFR 600.705(f) 
currently interprets national marine sanctuary regulations incorrectly. 
This has the potential to create confusion regarding the fishing 
restrictions applicable to the Sanctuary and should be corrected as 
expeditiously as possible. The impact if this action is not implemented 
immediately is the continued potential for confusion from the public 
and the recreational and commercial fishing sectors in regard to the 
Sanctuary's fishing regulations.

List of Subjects in 50 CFR Part 600

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: March 13, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons stated in the preamble, 50 CFR part 600 will be 
amended as follows:

PART 600--MAGNUSON-STEVENS ACT PROVISIONS

0
1. The authority citation for part 600 continues to read as follows:

    Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.


0
2. In Sec.  600.705, revise paragraph (f) to read as follows:


Sec.  600.705  Relation to other laws.

* * * * *
    (f) Marine sanctuaries. Regulations governing fishing activities 
inside the boundaries of national marine sanctuaries are set forth in 
15 CFR part 922.
* * * * *
[FR Doc. 2020-05649 Filed 3-17-20; 8:45 am]
 BILLING CODE 3510-22-P

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