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 http://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 lotter on DSKBCFDHB2PROD with NOTICES 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. VerDate Sep<11>2014 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). PO 00000 Frm 00015 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: http:// 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 PO 00000 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]


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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: http://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