Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Amendment 53 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico, 22137-22139 [2020-08438]
Download as PDF
Federal Register / Vol. 85, No. 77 / Tuesday, April 21, 2020 / Notices
Issues and Decision Memorandum. A
list of the issues which parties raised,
and to which we respond in the Issues
and Decision Memorandum, is attached
at the appendix. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/
index.html. The signed and electronic
versions of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made certain changes to the
weighted-average dumping margin for
AKP. For detailed information, see the
Issues and Decision Memorandum.
Final Results of the Administrative
Review
We determine that the following
weighted-average dumping margins
exist for the respondents for the period
February 3, 2017 through July 31, 2018:
Exporter or producer
Weighted-average
dumping margin
(percent)
Aekyung Petrochemical
Co., Ltd .......................
Hanwha Chemical Corporation .......................
LG Chem Ltd ..................
0.82
22.97
0.00
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b)(1),
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. We will
calculate importer-specific assessment
rates on the basis of the ratio of the total
amount of dumping calculated for each
importer’s examined sales and the total
entered value of the importer’s sales in
accordance with 19 CFR 351.212(b)(1).
Where the respondent’s weightedaverage dumping margin is either zero
or de minimis within the meaning of 19
CFR 351.106(c), or an importer-specific
rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.
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21:19 Apr 20, 2020
Jkt 250001
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review.
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for the companies
listed above will be equal to each
company’s weighted-average dumping
margin established in the final results of
this administrative review; (2) for
merchandise exported by a producer or
exporter not covered in this review but
covered in a prior completed segment of
the proceeding, the cash deposit rate
will continue to be the companyspecific rate published for the most
recent period; (3) if the exporter is not
a firm covered in this review, a prior
review, or the original investigation but
the producer has been covered in a prior
complete segment of this proceeding,
the cash deposit rate will be the rate
established for the most recent period
for the producer of the merchandise; (4)
the cash deposit rate for all other
producers or exporters will continue to
be 3.69 percent,6 the all-others rate
established in the less-than-fair-value
investigation. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification Regarding Administrative
Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
6 See Dioctyl Terephthalate from the Republic of
Korea: Antidumping Duty Order, 82 FR 39410
(August 18, 2017).
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Fmt 4703
Sfmt 4703
22137
written notification of return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review in
accordance with sections 751(a)(1) and
777(i) of the Act, and 19 CFR
351.221(b)(5).
Dated: April 15, 2020.
Christian B. Marsh,
Deputy Assistant Secretaryfor Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results of
Review
V. Discussion of the Issues
Comment 1: AKP’s Differential Pricing
Analysis
Comment 2: Errors in AKP’s Preliminary
Margin Calculations
Comment 3: Constructed Export Price
Offset for Hanwha Chemical
VI. Recommendation
[FR Doc. 2020–08414 Filed 4–20–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XS031]
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic;
Amendment 53 to the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of intent (NOI) to prepare
a draft environmental impact statement
(DEIS); request for comments.
AGENCY:
NMFS, Southeast Region, in
collaboration with the Gulf of Mexico
Fishery Management Council (Council)
intends to prepare a DEIS to describe
and analyze management alternatives to
be included in Amendment 53 to the
Fishery Management Plan (FMP) for the
Reef Fish Resources of the Gulf of
Mexico (Amendment 53). Amendment
53 will address the conservation and
management of Gulf of Mexico red
grouper and will consider alternatives to
SUMMARY:
E:\FR\FM\21APN1.SGM
21APN1
lotter on DSKBCFDHB2PROD with NOTICES
22138
Federal Register / Vol. 85, No. 77 / Tuesday, April 21, 2020 / Notices
revise the commercial and recreational
sector allocation, the overfishing limit
(OFL), acceptable biological catch
(ABC), annual catch limits (ACLs), and
annual catch targets (ACTs). The
purpose of this NOI is to solicit public
comments on the scope of issues to be
addressed in the DEIS.
DATES: Written comments on the scope
of issues to be addressed in the DEIS
must be received by NMFS by May 21,
2020.
ADDRESSES: You may submit comments
on Amendment 53 identified by
‘‘NOAA–NMFS–2020–0062’’ by any of
the following methods:
• Electronic Submissions: Submit
electronic comments via the Federal eRulemaking Portal: https://
www.regulations.gov. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20200062, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Peter Hood, Southeast Regional Office,
NMFS, 263 13th Avenue South, St.
Petersburg, FL 33701.
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 publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
FOR FURTHER INFORMATION CONTACT:
Peter Hood, Southeast Regional Office,
telephone: 727–824–5305; or email:
Peter.hood@noaa.gov.
SUPPLEMENTARY INFORMATION: The status
of the Gulf red grouper stock was
evaluated in the Southeast Data,
Assessment, and Review (SEDAR) 61
stock assessment that was completed in
2019. The results of SEDAR 61
indicated that the Gulf red grouper stock
is not considered overfished or
undergoing overfishing. However,
fishermen and the Council have
expressed concern about the health of
the stock because of a decrease in
landings, fewer legal sized fish, and a
recent red tide event off the west coast
of Florida. All weights described in this
notice are in gutted weight.
In 2018, the Council noted that the
combined commercial and recreational
VerDate Sep<11>2014
21:19 Apr 20, 2020
Jkt 250001
Gulf red grouper landings have trended
downwards from over 7.26 million lb
(3.29 million kg) in 2014 to
approximately 4.16 million lb (1.89
million kg) in 2017. The Council also
heard public testimony, primarily from
commercial fishermen, who noted that
Gulf red grouper are harder to catch and
that there appears to less legal-size and
larger fish throughout the species’ range
on the west Florida shelf. In addition,
the Council’s Scientific and Statistical
Committee (SSC) reviewed an interim
stock analysis conducted by the NMFS
Southeast Fisheries Science Center
(SEFSC) and concluded that the stock
may be declining. Therefore, the SSC
recommended that the Council reduce
the 2019 Gulf red grouper total ACL
from 10.70 million lb (4.85 million kg)
to 4.60 million lb (2.09 million kg). The
Council decided on a more
precautionary approach and reduced the
2019 ACL to 4.16 million lb (1.89
million kg), which was the equal to the
2017 harvest (84 FR 52036; October 1,
2019).
The SSC reviewed the SEDAR 61
stock assessment in September 2019. To
predict recreational fishing effort and
landings, the assessment used the
historical time series of recreational
landings that has been fully-calibrated
to the new Marine Recreational
Information Program (MRIP) Fishing
Effort Survey (FES). This survey
provides a better estimate of recreational
effort and landings than the previous
MRIP survey, and indicates that landing
estimates for many species, including
Gulf red grouper, are greater than
previously thought. As a result, the
calibrated historical recreational
landings, when compared to
commercial landings, are greater than
the current allocation of 24 percent
recreational and 76 percent commercial,
which was established in 2009 based on
the average landings from 1986 through
2005.
The Council’s SSC agreed with the
determination in SEDAR 61 that the
Gulf red grouper stock was not
overfished or experiencing overfishing,
but recognized the stock may have been
adversely affected by the 2018 red tide
event. Therefore, the SSC recommended
that the catch level projections
produced by the assessment assume that
the impact from the 2018 red tide is
approximately the same as the impact of
a red tide event that occurred in 2005.
In January 2020, the SSC received
additional information about how
different sector allocations impact the
OFL and ABC projections produced by
the assessment. The SEFSC explained
that if the commercial and recreational
allocation is changed to better reflect
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
historical recreational harvest based on
the FES-adjusted MRIP landing
estimates, the projected OFL and ABC
are less than if the allocation remains
the same. This reduction is caused by
changes in the estimated size
distribution of harvested fish and
greater estimates of discarded fish by
the recreational sector.
The Council and NMFS are currently
considering two actions in Amendment
53. The first action would revise the
Gulf red grouper allocation between the
commercial and recreational sectors.
The Council is currently considering
historical landings as a basis to revise
the allocation. For the second action,
the Council is considering revising the
sector ACLs and ACTs based on the
allocation selected in the first action of
Amendment 53 and the results of
SEDAR 61. The Council and NMFS may
add actions to Amendment 53 in the
future, such as recreational bag limits,
minimum size limits, and seasonal
closures, after the scoping process or
based on future discussions of this
amendment.
NMFS, in collaboration with the
Council, will develop a DEIS to describe
and analyze alternatives to address the
management needs described above
including the ‘‘no action’’ alternatives.
In accordance with the Companion
Manual to NOAA Administrative Order
216–6A, Section 8(B), Scoping
Requirements for an EIS, NMFS, in
collaboration with the Council, has
identified preliminary environmental
issues as a means to initiate discussion
for scoping purposes only. The public is
invited to provide written comments on
the preliminary issues, which are
identified as actions in the Amendment
53 draft options paper. These
preliminary issues may not represent
the full range of issues that eventually
will be evaluated in the DEIS. A copy
of the Amendment 53 draft options
paper is available at https://
www.fisheries.noaa.gov/action/
amendment-53-red-grouper-allocationsand-catch-levels.
After the DEIS associated with
Amendment 53 is completed, it will be
filed with the Environmental Protection
Agency (EPA). After filing, the EPA will
publish a notice of availability (NOA) of
the DEIS for public comment in the
Federal Register. The DEIS will have a
45-day comment period. This procedure
is pursuant to regulations issued by the
Council on Environmental Quality
(CEQ) for implementing the procedural
provisions of the National
Environmental Policy Act (NEPA; 40
CFR parts 1500–1508) and the
Companion Manual to NOAA
Administrative Order 216–6A.
E:\FR\FM\21APN1.SGM
21APN1
Federal Register / Vol. 85, No. 77 / Tuesday, April 21, 2020 / Notices
The Council and NMFS will consider
public comments received on the DEIS
in developing the final environmental
impact statement (FEIS), and before the
Council votes to submit the final
amendment to NMFS for Secretarial
review, approval, and implementation.
NMFS will announce in the Federal
Register the availability of the final
amendment and FEIS for public review
during the Secretarial review period,
and will consider all public comments
prior to final agency action to approve,
disapprove, or partially approve the
final amendment. During Secretarial
review, NMFS will also file the FEIS
with the EPA and the EPA will publish
an NOA for the FEIS in the Federal
Register.
NMFS will announce, through a
document published in the Federal
Register, all public comment periods on
the final amendment, its proposed
implementing regulations, and the
availability of its associated FEIS. NMFS
will consider all public comments
received during the Secretarial review
period, whether they are on the final
amendment, the proposed regulations,
or the FEIS, prior to final agency action.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 15, 2020.
He´le`ne M.N. Scalliet,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–08438 Filed 4–20–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA134]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Alaska Marine
Lines Lutak Dock Project, Haines,
Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that NMFS has issued an incidental
harassment authorization (IHA) to
Alaska Marine Lines, Inc. (AML) to
incidentally harass, by Level A and
Level B harassment, marine mammals
during pile driving activities associated
lotter on DSKBCFDHB2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
21:19 Apr 20, 2020
Jkt 250001
with the Lutak Dock Project in Haines,
Alaska.
DATES: This authorization is effective
from June 15, 2020 through June 14,
2021.
FOR FURTHER INFORMATION CONTACT:
Dwayne Meadows, Ph.D., Office of
Protected Resources, NMFS, (301) 427–
8401. Electronic copies of the
application and supporting documents,
as well as a list of the references cited
in this document, may be obtained
online at: https://
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act. In case
of problems accessing these documents,
please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and
(D) of the MMPA (16 U.S.C. 1361 et
seq.) direct the Secretary of Commerce
(as delegated to NMFS) to allow, upon
request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
issued or, if the taking is limited to
harassment, a notice of a proposed
incidental take authorization may be
provided to the public for review.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s) and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses (where
relevant). Further, NMFS must prescribe
the permissible methods of taking and
other ‘‘means of effecting the least
practicable adverse impact’’ on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
availability of the species or stocks for
taking for certain subsistence uses
(referred to in shorthand as
‘‘mitigation’’); and requirements
pertaining to the mitigation, monitoring
and reporting of the takings are set forth.
The definitions of all applicable
MMPA statutory terms cited above are
included in the relevant sections below.
Summary of Request
On 9 July 2019, NMFS received a
request from AML for an IHA to take
marine mammals incidental to Lutak
Dock project in Haines, Alaska. The
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Frm 00017
Fmt 4703
Sfmt 4703
22139
application was deemed adequate and
complete on October 23, 2019. AML’s
request is for take of seven species of
marine mammals by Level B harassment
and/or Level A harassment. Neither
AML nor NMFS expects serious injury
or mortality to result from this activity
and, therefore, an IHA is appropriate.
Description of Specified Activity
The project consists of the demolition,
re-construction, and improvement of a
commercial barge cargo dock in Lutak
Inlet near Haines, Alaska adjacent to the
Haines Ferry Terminal. The project
includes the following in-water
components: Removal (by pulling or
cutting off at the mudline or using a
vibratory hammer as a last resort) of 12
steel pipe piles (16 inch diameter) of
two berthing dolphins associated with
the existing steel cargo bridge; fill 4,000
yards (3058 cubic meters) of gravel and
1,000 yards (765 cubic meters) of riprap
to construct a causeway below the new
dock; installing below mean high water
(MHW) a 46-foot (14 m) long by 15-foot
(4.6 m) wide steel float; installing below
MHW (using vibratory or impact pile
driving or down-the-hole (DTH)
drilling) four 24-inch diameter steel
pipe piles to construct two float strut
dolphins, six 36-inch diameter steel
pipe piles to construct two breasting
dolphins; and construction of a 40-foot
(12 m) wide by 40-foot (12 m) long, pile
supported (three 30-inch diameter steel
pipe piles), concrete abutment within
the causeway to support a 120-foot long
(36.6 m) by 24-foot (7.3 m) wide steel
bridge over navigable waters.
The pile driving/removal or DTH
drilling can result in take of marine
mammals from sound in the water
which results in behavioral harassment
or auditory injury. The footprint of the
project is approximately one square
mile (2.6 square km) around the project
site. The project will take no more than
8 days of pile-driving/removal or DTH
drilling.
A detailed description of the planned
project is provided in the Federal
Register notice for the proposed IHA (84
FR 65117; November 26, 2019). Since
that time, no changes have been made
to the planned pile driving activities.
Therefore, a detailed description is not
provided here. Please refer to that
Federal Register notice for the
description of the specific activity.
Comments and Responses
A notice of NMFS’s proposal to issue
an IHA to AML was published in the
Federal Register on November 26, 2019
(84 FR 65117). That notice described, in
detail, AML’s activity, the marine
mammal species that may be affected by
E:\FR\FM\21APN1.SGM
21APN1
Agencies
[Federal Register Volume 85, Number 77 (Tuesday, April 21, 2020)]
[Notices]
[Pages 22137-22139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08438]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XS031]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Amendment 53 to the Fishery Management Plan for the Reef Fish Resources
of the Gulf of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of intent (NOI) to prepare a draft environmental impact
statement (DEIS); request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS, Southeast Region, in collaboration with the Gulf of
Mexico Fishery Management Council (Council) intends to prepare a DEIS
to describe and analyze management alternatives to be included in
Amendment 53 to the Fishery Management Plan (FMP) for the Reef Fish
Resources of the Gulf of Mexico (Amendment 53). Amendment 53 will
address the conservation and management of Gulf of Mexico red grouper
and will consider alternatives to
[[Page 22138]]
revise the commercial and recreational sector allocation, the
overfishing limit (OFL), acceptable biological catch (ABC), annual
catch limits (ACLs), and annual catch targets (ACTs). The purpose of
this NOI is to solicit public comments on the scope of issues to be
addressed in the DEIS.
DATES: Written comments on the scope of issues to be addressed in the
DEIS must be received by NMFS by May 21, 2020.
ADDRESSES: You may submit comments on Amendment 53 identified by
``NOAA-NMFS-2020-0062'' by any of the following methods:
Electronic Submissions: Submit electronic comments via the
Federal e-Rulemaking Portal: https://www.regulations.gov. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2020-0062, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Peter Hood, Southeast
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
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 publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT: Peter Hood, Southeast Regional Office,
telephone: 727-824-5305; or email: [email protected].
SUPPLEMENTARY INFORMATION: The status of the Gulf red grouper stock was
evaluated in the Southeast Data, Assessment, and Review (SEDAR) 61
stock assessment that was completed in 2019. The results of SEDAR 61
indicated that the Gulf red grouper stock is not considered overfished
or undergoing overfishing. However, fishermen and the Council have
expressed concern about the health of the stock because of a decrease
in landings, fewer legal sized fish, and a recent red tide event off
the west coast of Florida. All weights described in this notice are in
gutted weight.
In 2018, the Council noted that the combined commercial and
recreational Gulf red grouper landings have trended downwards from over
7.26 million lb (3.29 million kg) in 2014 to approximately 4.16 million
lb (1.89 million kg) in 2017. The Council also heard public testimony,
primarily from commercial fishermen, who noted that Gulf red grouper
are harder to catch and that there appears to less legal-size and
larger fish throughout the species' range on the west Florida shelf. In
addition, the Council's Scientific and Statistical Committee (SSC)
reviewed an interim stock analysis conducted by the NMFS Southeast
Fisheries Science Center (SEFSC) and concluded that the stock may be
declining. Therefore, the SSC recommended that the Council reduce the
2019 Gulf red grouper total ACL from 10.70 million lb (4.85 million kg)
to 4.60 million lb (2.09 million kg). The Council decided on a more
precautionary approach and reduced the 2019 ACL to 4.16 million lb
(1.89 million kg), which was the equal to the 2017 harvest (84 FR
52036; October 1, 2019).
The SSC reviewed the SEDAR 61 stock assessment in September 2019.
To predict recreational fishing effort and landings, the assessment
used the historical time series of recreational landings that has been
fully-calibrated to the new Marine Recreational Information Program
(MRIP) Fishing Effort Survey (FES). This survey provides a better
estimate of recreational effort and landings than the previous MRIP
survey, and indicates that landing estimates for many species,
including Gulf red grouper, are greater than previously thought. As a
result, the calibrated historical recreational landings, when compared
to commercial landings, are greater than the current allocation of 24
percent recreational and 76 percent commercial, which was established
in 2009 based on the average landings from 1986 through 2005.
The Council's SSC agreed with the determination in SEDAR 61 that
the Gulf red grouper stock was not overfished or experiencing
overfishing, but recognized the stock may have been adversely affected
by the 2018 red tide event. Therefore, the SSC recommended that the
catch level projections produced by the assessment assume that the
impact from the 2018 red tide is approximately the same as the impact
of a red tide event that occurred in 2005. In January 2020, the SSC
received additional information about how different sector allocations
impact the OFL and ABC projections produced by the assessment. The
SEFSC explained that if the commercial and recreational allocation is
changed to better reflect historical recreational harvest based on the
FES-adjusted MRIP landing estimates, the projected OFL and ABC are less
than if the allocation remains the same. This reduction is caused by
changes in the estimated size distribution of harvested fish and
greater estimates of discarded fish by the recreational sector.
The Council and NMFS are currently considering two actions in
Amendment 53. The first action would revise the Gulf red grouper
allocation between the commercial and recreational sectors. The Council
is currently considering historical landings as a basis to revise the
allocation. For the second action, the Council is considering revising
the sector ACLs and ACTs based on the allocation selected in the first
action of Amendment 53 and the results of SEDAR 61. The Council and
NMFS may add actions to Amendment 53 in the future, such as
recreational bag limits, minimum size limits, and seasonal closures,
after the scoping process or based on future discussions of this
amendment.
NMFS, in collaboration with the Council, will develop a DEIS to
describe and analyze alternatives to address the management needs
described above including the ``no action'' alternatives. In accordance
with the Companion Manual to NOAA Administrative Order 216-6A, Section
8(B), Scoping Requirements for an EIS, NMFS, in collaboration with the
Council, has identified preliminary environmental issues as a means to
initiate discussion for scoping purposes only. The public is invited to
provide written comments on the preliminary issues, which are
identified as actions in the Amendment 53 draft options paper. These
preliminary issues may not represent the full range of issues that
eventually will be evaluated in the DEIS. A copy of the Amendment 53
draft options paper is available at https://www.fisheries.noaa.gov/action/amendment-53-red-grouper-allocations-and-catch-levels.
After the DEIS associated with Amendment 53 is completed, it will
be filed with the Environmental Protection Agency (EPA). After filing,
the EPA will publish a notice of availability (NOA) of the DEIS for
public comment in the Federal Register. The DEIS will have a 45-day
comment period. This procedure is pursuant to regulations issued by the
Council on Environmental Quality (CEQ) for implementing the procedural
provisions of the National Environmental Policy Act (NEPA; 40 CFR parts
1500-1508) and the Companion Manual to NOAA Administrative Order 216-
6A.
[[Page 22139]]
The Council and NMFS will consider public comments received on the
DEIS in developing the final environmental impact statement (FEIS), and
before the Council votes to submit the final amendment to NMFS for
Secretarial review, approval, and implementation. NMFS will announce in
the Federal Register the availability of the final amendment and FEIS
for public review during the Secretarial review period, and will
consider all public comments prior to final agency action to approve,
disapprove, or partially approve the final amendment. During
Secretarial review, NMFS will also file the FEIS with the EPA and the
EPA will publish an NOA for the FEIS in the Federal Register.
NMFS will announce, through a document published in the Federal
Register, all public comment periods on the final amendment, its
proposed implementing regulations, and the availability of its
associated FEIS. NMFS will consider all public comments received during
the Secretarial review period, whether they are on the final amendment,
the proposed regulations, or the FEIS, prior to final agency action.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 15, 2020.
H[eacute]l[egrave]ne M.N. Scalliet,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-08438 Filed 4-20-20; 8:45 am]
BILLING CODE 3510-22-P