Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Abbreviated Framework Amendment 3, 43145-43148 [2020-14945]
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Federal Register / Vol. 85, No. 137 / Thursday, July 16, 2020 / Rules and Regulations
ancillary and supplementary under
§ 73.624(c) of the Commission’s rules,
which is the limited focus of our action
today. Consistent with our rules,
licensees entering into such leases still
bear the responsibility to retain ultimate
control over their spectrum and to
ensure compliance with our broadcast
regulations. Also consistent with
existing Commission rules and policies,
the term of any spectrum lease should
be for no greater than the duration of the
station’s broadcast license, with renewal
of the leasing arrangement permitted.
Furthermore, the broadcaster must
continue to provide at least one overthe-air video program signal at no
charge to viewers in accordance with
§ 73.624(b) of the Commission’s rules
and remain in compliance with all other
applicable Commission rules. By
extension, the broadcaster is responsible
for any misuse of its spectrum by a
lessee in violation of applicable statutes
or Commission rules.
By this declaratory ruling, we seek to
provide additional clarity in order to
encourage the investment in and
deployment of potentially beneficial
Broadcast internet services and to
eliminate any possibility of unnecessary
regulatory obstructions, either real or
perceived. The Commission’s rules for
ancillary and supplementary services
were intended to afford broadcasters the
flexibility to use spectrum capacity in
entrepreneurial and innovative ways. In
recognizing ‘‘the benefit of permitting
broadcasters the opportunity to develop
additional revenue streams from
innovative digital services,’’ the
Commission has chosen ‘‘to impose few
restrictions on broadcasters and to allow
them to make decisions that will further
their ability to respond to the
marketplace.’’ As the industry
transitions to a next-generation
broadcast television standard, we seek
to ensure that our rules help facilitate
innovative arrangements that can result
in the efficient use of spectrum. In doing
so, it is our hope that the marketplace,
not rules designed for different services,
will ultimately decide which Broadcast
internet services are developed and
supported.
Congressional Review Act. The
Commission has determined, and the
Administrator of the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
concurs that, this rule is ‘‘non-major’’
under the Congressional Review Act, 5
U.S.C. 804(2). The Commission will
send a copy of the Declaratory Ruling to
Congress and the Government
Accountability Office pursuant to 5
U.S.C. 801(a)(1)(A).
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It is ordered that, pursuant to sections
1, 4(i), 4(j), 303(r), and 336 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 154(i), 154(j),
303(r), and 336, and section 1.2 of the
Commission’s Rules, 47 CFR 1.2, this
Declaratory Ruling in MB Docket No.
20–145 is adopted. It is further ordered
that, pursuant to § 1.103 of the
Commission’s rules, 47 CFR 1.103, this
Declaratory Ruling shall be effective
upon release. It is further ordered that
the Commission shall send a copy of the
Declaratory Ruling in a report to be sent
to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2020–13202 Filed 7–15–20; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 200707–0183]
RIN 0648–BJ67
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic
Region; Abbreviated Framework
Amendment 3
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS implements
management measures described in
Abbreviated Framework Amendment 3
(Abbreviated Framework 3) to the
Fishery Management Plan for the
Snapper-Grouper Fishery of the South
Atlantic Region (FMP), as prepared and
submitted by the South Atlantic Fishery
Management Council (South Atlantic
Council). This final rule increases the
commercial and recreational annual
catch limits (ACLs) and Abbreviated
Framework 3 increases the recreational
annual catch target (ACT) for blueline
tilefish in the South Atlantic exclusive
economic zone (EEZ). The purpose of
this final rule is to ensure that these
measures for South Atlantic blueline
tilefish are based on the best scientific
information available, to achieve and
maintain optimum yield (OY), and to
SUMMARY:
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43145
prevent overfishing while minimizing to
the extent practicable, adverse social
and economic effects.
DATES: This final rule is effective on
August 17, 2020.
ADDRESSES: Electronic copies of
Abbreviated Framework 3 may be
obtained from www.regulations.gov or
the Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/
abbreviated-framework-amendment-3blueline-tilefish. Abbreviated
Framework 3 includes a Regulatory
Flexibility Act (RFA) analysis and
regulatory impact review.
FOR FURTHER INFORMATION CONTACT:
Mary Vara, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery in the South
Atlantic region is managed under the
FMP and includes blueline tilefish,
along with other snapper-grouper
species. The FMP was prepared by the
South Atlantic Council and is
implemented by NMFS through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
On April 15, 2020, NMFS published
a proposed rule for Abbreviated
Framework 3 in the Federal Register
and requested public comment (85 FR
20970, April 15, 2020). Abbreviated
Framework 3 and the proposed rule
outline the rationale for the actions
contained in this final rule. A summary
of the management measures described
in Abbreviated Framework 3 and
implemented by this final rule is
provided below. All weights described
in this final rule are in round weight.
Management Measure Contained in
This Final Rule
This final rule revises the commercial
and recreational ACLs for South
Atlantic blueline tilefish based on
updated information from a Southeast
Data, Assessment, and Review (SEDAR)
benchmark assessment that was
completed for the Atlantic stock of
blueline tilefish, using data through
2015 (SEDAR 50).
Prior to this final rule, the blueline
tilefish commercial ACL was 87,521 lb
(39,699 kg) and the recreational ACL
was 87,277 lb (39,588 kg).
Consistent with the results of SEDAR
50 and the acceptable biological catch
(ABC) recommendation from the South
Atlantic Council’s Scientific and
Statistical Committee (SSC) that was
accepted by the South Atlantic Council,
this final rule increases the commercial
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Federal Register / Vol. 85, No. 137 / Thursday, July 16, 2020 / Rules and Regulations
and recreational ACLs for blueline
tilefish in the South Atlantic EEZ.
The total ACL for South Atlantic
blueline tilefish will equal the total
South Atlantic ABC of 233,968 lb
(106,126 kg). The commercial ACL will
be set at 117,148 lb (53,137 kg) and the
recreational ACL will be set at 116,820
lb (52,989 kg).
The revised ACLs are consistent with
the South Atlantic Council SSC’s ABC
recommendation, and this final rule
does not change the sector allocation
percentages in the FMP. The sector
ACLs for blueline tilefish are based on
an allocation of 50.07 percent of the
total ACL to the commercial sector and
49.93 percent of the total ACL to the
recreational sector.
Since 2014, the blueline tilefish
commercial sector has experienced inseason fishing closures every year
between April and August, regardless of
the amount of the commercial ACL. If
the catch rates of blueline tilefish in the
commercial sector continue as expected
in the future, the revised commercial
ACL is still expected to result in an inseason closure during the commercial
season as a result of the ACL being
reached. However, the increase to the
commercial ACL in this final rule is
expected to extend the commercial
fishing season further into the fishing
year. Because of recent changes to
blueline tilefish management measures
and in-season closures, a reliable
estimate of future commercial season
lengths is not available.
Blueline tilefish is closed to
recreational harvest in the South
Atlantic each year from January 1
through April 30, and from September
1 through December 31. Each year since
2016, recreational landings of blueline
tilefish have exceeded the current
recreational ACL. However, a
recreational closure during the May
through August fishing season as a
result of landings being projected to
reach the recreational ACL prior to the
end of August has not occurred, because
in-season recreational landings are
typically not available until after the
May through August fishing season
concludes. When compared to recent
trends in estimated recreational
landings, the increase in the recreational
ACL through this final rule could
reduce the likelihood that the ACL
would be met during the fixed May
through August fishing season.
Management Measure Contained in
Abbreviated Framework 3 Not Codified
Through This Final Rule
In addition to the ACL changes in this
final rule, Abbreviated Framework 3
will update the recreational ACT for
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blueline tilefish in the South Atlantic
EEZ. The recreational ACT is based on
an ACT equation in the FMP,
unchanged by Abbreviated Framework 3
or this final rule, where the recreational
ACT is equal to the recreational ACL
multiplied by (1 minus the Percent
Standard Error) or the recreational ACL
multiplied by 0.5, whichever is greater.
Abbreviated Framework 3 increases the
recreational ACT from 54,653 lb (24,790
kg) to 70,886 lb (32,153 kg).
Comments and Responses
NMFS received six comments from
individuals during the public comment
period on the proposed rule for
Abbreviated Framework 3. One of the
comments was in general support of the
actions in the proposed rule. NMFS
acknowledges the comment in favor of
the actions in the proposed rule and
agrees with it. NMFS did not respond to
comments that were beyond the scope
of the proposed rule in this final rule.
The public comment that opposed an
action contained in Abbreviated
Framework 3 and the proposed rule is
summarized below, as well as NMFS’
response.
Comment 1: To improve catch levels,
the blueline tilefish ACLs should not be
increased until the population is more
abundant.
Response: NMFS disagrees that the
blueline tilefish ACLs in the South
Atlantic EEZ should not be increased.
Abbreviated Framework 3 and this final
rule respond to the latest stock
assessment for Atlantic blueline tilefish
(SEDAR 50) completed in October 2017.
SEDAR 50 included blueline tilefish
data from the South Atlantic Council
and the Mid-Atlantic Fishery
Management Councils’ (Mid-Atlantic
Council) jurisdictions. The South
Atlantic Council’s SSC reviewed the
assessment, determined that the
assessment represented the best
scientific information available, and
provided the South Atlantic Council
with an overfishing limit and updated
ABC recommendation for blueline
tilefish in the EEZ south of Cape
Hatteras, North Carolina. Abbreviated
Framework 3 and this final rule are
increasing the harvest levels for blueline
tilefish in the South Atlantic EEZ based
on SEDAR 50. These harvest levels are
considered by the SSC to be sustainable
and will not negatively impact the
health of the stock. Additionally, NMFS
has determined that blueline tilefish
south of Cape Hatteras, North Carolina,
is not currently overfished or
undergoing overfishing.
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Classification
The Regional Administrator for the
NMFS Southeast Region has determined
that this final rule is consistent with
Abbreviated Framework 3, the FMP, the
Magnuson-Stevens Act, and other
applicable laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866. This final rule
is not an Executive Order 13771
regulatory action because this action is
not significant under Executive Order
12866.
The Magnuson-Stevens Act provides
the legal basis for this rule. No
duplicative, overlapping, or conflicting
Federal rules have been identified. In
addition, no new reporting and recordkeeping requirements are introduced by
this rule. Accordingly, the Paperwork
Reduction Act does not apply to this
rule.
A description of this final rule, why
it is being implemented, and the
purposes of this rule are contained in
the preamble and in the SUMMARY
section. The objectives of this rule are
to ensure that these measures for South
Atlantic blueline tilefish are based on
the best scientific information available,
to achieve and maintain OY, and to
prevent overfishing while minimizing
adverse social and economic effects to
the extent practicable.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
during the proposed rule stage that this
rule, if adopted, would not have a
significant economic impact on a
substantial number of small entities.
NMFS did not receive any comments
from the SBA Office of Advocacy or the
public regarding the economic analysis
of Abbreviated Framework 3 or the
certification contained in the proposed
rule. No changes to this final rule were
made in response to public comments.
The analysis included in the
abbreviated framework action
concluded that no charter vessels or
headboats (for-hire) would be directly
regulated by this rule. However, NMFS
subsequently determined that some forhire fishing businesses would be
directly regulated by this rule. The
rationale for that determination and the
factual basis for the certification were
published in the proposed rule and are
repeated here for clarity.
This rule increases the total ACL and
consequently the commercial and
recreational ACLs for South Atlantic
blueline tilefish. Thus, this rule applies
to entities that harvest South Atlantic
blueline tilefish. Recreational anglers
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Federal Register / Vol. 85, No. 137 / Thursday, July 16, 2020 / Rules and Regulations
fishing for South Atlantic blueline
tilefish will be directly affected by the
rule. However, anglers are not
considered entities under the RFA and
thus will not be directly regulated by
this rule.
This rule is expected to directly
regulate commercial and for-hire
businesses (vessels) that harvest or have
the ability to harvest South Atlantic
blueline tilefish. In 2018, there were 549
vessels with valid or renewable Federal
South Atlantic snapper-grouper
unlimited permits and 110 vessels with
valid or renewable 225-lb (102-kg) trip
limited permits. Any vessel with a valid
Federal South Atlantic snapper-grouper
unlimited permit or 225-lb (102-kg) trip
limited permit may commercially
harvest blueline tilefish. In 2018, there
were 2,176 for-hire vessels that
possessed a valid or renewable Federal
charter vessel/headboat permit for
South Atlantic snapper-grouper. Any
for-hire vessel with a valid Federal
charter vessel/headboat permit for
South Atlantic snapper-grouper may
harvest South Atlantic blueline tilefish.
The number of charter vessels with a
valid Federal permit that harvest South
Atlantic blueline tilefish cannot be
determined with available data. Based
on the information above, NMFS
determined that this rule may directly
regulate 659 commercial fishing
businesses and 2,176 for-hire fishing
businesses.
From 2014 through 2018, an average
of 143 commercial vessels per year
landed blueline tilefish in the South
Atlantic. Taken together, these vessels
averaged 716 trips per year in the South
Atlantic on which blueline tilefish were
landed, and an additional 4,400 trips in
the South Atlantic that did not land any
blueline tilefish or were taken outside
the South Atlantic regardless of the
species caught. In 2018 dollars, the
average annual total revenues were
approximately $0.03 million from
blueline tilefish, $1.89 million from
other species co-harvested with blueline
tilefish on the same trips, and $8.95
million from trips in the South Atlantic
on which no blueline tilefish were
harvested or trips that occurred outside
the South Atlantic. Average annual
gross revenue from all species landed by
vessels harvesting blueline tilefish in
the South Atlantic was approximately
$11.15 million. Thus, average annual
gross revenue per commercial vessel
was about $78,000 per vessel. For
comparison, average annual gross
revenue of federally permitted charter
vessels and headboats in the South
Atlantic is $123,064 per charter vessel
and $267,067 per headboat in 2018
dollars.
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On December 29, 2015, NMFS issued
a final rule establishing a small business
size standard of $11 million in annual
gross receipts (revenue) for all
businesses primarily engaged in the
commercial fishing industry (NAICS
code 11411) for RFA compliance
purposes only (80 FR 81194, December
29, 2015). In addition to this gross
revenue standard, a business primarily
involved in commercial fishing is
classified as a small business if it is
independently owned and operated, and
is not dominant in it field of operations
(including its affiliates). From 2014
through 2018, the maximum average
annual gross revenue for a single vessel
in the commercial snapper-grouper
fishing industry was about $1.6 million
in 2018 dollars. Based on this
information, all directly regulated
commercial fishing businesses are
determined, for the purpose of this
analysis, to be small entities.
The SBA has established size
standards for all other major industry
sectors in the U.S., including for-hire
fishing businesses (NAICS code
487210). A business primarily involved
in the for-hire fishing industry 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 annual
receipts (revenue) not in excess of $8
million for all its affiliated operations
worldwide. In 2017, the maximum
annual gross revenue for a single
headboat in the South Atlantic was
about $765,200 in 2018 dollars. On
average, annual gross revenue for
headboats is more than double the
annual gross revenue for charter vessels.
Thus, it is assumed the maximum
annual gross revenue for charter vessels
is less than $765,200. Based on this
information, all directly regulated forhire fishing businesses are determined,
for the purpose of this analysis, to be
small entities.
For South Atlantic blueline tilefish,
this rule increases the total ACL from
174,798 lb to 233,968 lb (79,287 kg to
106,126 kg), the commercial ACL from
87,521 lb to 117,148 lb (39,699 kg to
53,137 kg), the recreational ACL from
87,277 lb to 116,820 lb (39,588 kg to
52,989 kg). In addition, Abbreviated
Framework 3 increases the recreational
ACT from 54,653 lb to 70,886 lb (24,790
kg to 32,153 kg). The recreational ACT
does not constrain harvest in the
recreational sector and therefore is not
relevant with respect to determining
effects on small entities.
The increase in the commercial ACL
is expected to increase annual gross
revenue for commercial snappergrouper fishing entities harvesting
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43147
blueline tilefish by a total of $96,979, or
by about $678 per active vessel, while
profits for all commercial snappergrouper fishing entities harvesting
blueline tilefish are expected to increase
by $23,134, or about $162 per vessel, in
2018 dollars. Because the recreational
ACL is shared between private anglers
and for-hire vessels, but without an
established allocation among those
components, it is not possible to
determine how much of the increase in
the recreational ACL will accrue to the
for-hire snapper-grouper vessels that
harvest blueline tilefish. However, the
higher recreational ACL would be
expected to at least minimally increase
the number of for-hire trips harvesting
blueline tilefish, which in turn would
be expected to minimally increase the
for-hire vessels’ profits.
Because this final rule is not expected
to have a significant economic impact
on a substantial number of small
entities, a final regulatory flexibility
analysis is not required and none has
been prepared.
List of Subjects in 50 CFR Part 622
Annual catch limits, Blueline tilefish,
Fisheries, Fishing, South Atlantic.
Dated: July 7, 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 622 is amended
as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.193, revise the first
sentence in paragraphs (z)(1)(i), (2)(i),
and (3) to read as follows:
■
§ 622.193 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
*
*
*
*
*
(z) * * * (1) * * * (i) If commercial
landings for blueline tilefish, as
estimated by the SRD, reach or are
projected to reach the commercial ACL
of 117,148 lb (53,137 kg), round weight,
the AA will file a notification with the
Office of the Federal Register to close
the commercial sector for the remainder
of the fishing year. * * *
*
*
*
*
*
(2) * * * (i) If recreational landings
for blueline tilefish, as estimated by the
SRD, reach or are projected to reach the
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recreational ACL of 116,820 lb (52,989
kg), round weight, the AA will file a
notification with the Office of the
Federal Register to close the recreational
sector for the remainder of the fishing
year, unless the RA determines that no
closure is necessary based on the best
scientific information available. * * *
*
*
*
*
*
(3) The combined commercial and
recreational sector ACL (total ACL) is
233,968 lb (106,126 kg), round weight.
[FR Doc. 2020–14945 Filed 7–15–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 180117042–8884–02]
RTID 0648–XA263
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; quota transfer.
AGENCY:
NMFS is transferring 30
metric tons (mt) of Atlantic bluefin tuna
(BFT) quota from the Reserve category
to the Harpoon category. With this
transfer, the adjusted Harpoon category
quota for the 2020 fishing season is 76
mt. The 2020 Harpoon category fishery
is open until November 15, 2020, or
until the Harpoon category quota is
reached, whichever comes first. The
action is based on consideration of the
regulatory determination criteria
regarding inseason adjustments, and
applies to Atlantic tunas Harpoon
category (commercial) permitted
vessels.
SUMMARY:
Effective July 13, 2020, through
November 15, 2020.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin, 978–281–9260,
Nicholas Velseboer, 978–675–2168, or
Larry Redd, 301–427–8503.
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
authority of the Atlantic Tunas
Convention Act (ATCA; 16 U.S.C. 971 et
seq.) and the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.) governing the harvest of BFT by
persons and vessels subject to U.S.
jurisdiction are found at 50 CFR part
635. Section 635.27 subdivides the U.S.
DATES:
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BFT quota recommended by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
and as implemented by the United
States among the various domestic
fishing categories, per the allocations
established in the 2006 Consolidated
Highly Migratory Species Fishery
Management Plan (2006 Consolidated
HMS FMP) (71 FR 58058, October 2,
2006), as amended by Amendment 7 to
the 2006 Consolidated HMS FMP
(Amendment 7) (79 FR 71510, December
2, 2014). NMFS is required under ATCA
and the Magnuson-Stevens Act to
provide U.S. fishing vessels with a
reasonable opportunity to harvest the
ICCAT-recommended quota.
The current baseline quotas for the
Harpoon and Reserve categories are 46
mt and 29.5 mt, respectively. See
§ 635.27(a). To date for 2020, NMFS has
published one action that has
augmented the available 2020 Reserve
category quota and transferred quota
from the Reserve to the General category
for the January 2020 Fishery. This
resulted in the current available Reserve
quota of 143 mt (85 FR 6828, February
6, 2020). Regulations provide that the
Harpoon category fishery opens June 1
and closes on November 15 of each year,
or until the Harpoon category quota is
reached, whichever comes first.
Transfer of 30 mt From the Reserve
Category to the Harpoon Category
Under § 635.27(a)(9), NMFS has the
authority to transfer quota among
fishing categories or subcategories, after
considering regulatory determination
criteria provided under § 635.27(a)(8).
NMFS has considered all of the relevant
determination criteria and their
applicability to the Harpoon category
fishery. These considerations include,
but are not limited to, the following:
Regarding the usefulness of
information obtained from catches in
the particular category for biological
sampling and monitoring of the status of
the stock (§ 635.27(a)(8)(i)), biological
samples collected from BFT landed by
Harpoon category fishermen and
provided by tuna dealers provides
NMFS with valuable parts and data for
ongoing scientific studies of BFT age
and growth, migration, and reproductive
status. Additional opportunity to land
BFT in the Harpoon category would
support the continued collection of a
broad range of data for these studies and
for stock monitoring purposes.
NMFS also considered the catches of
the Harpoon category quota to date and
the likelihood of closure of that segment
of the fishery if no adjustment is made
(§ 635.27(a)(8)(ii) and (ix)). As of July
13, 2020, the Harpoon category has
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landed 42.1 mt. Commercial-size BFT
are currently readily available to vessels
fishing under the Harpoon category
quota. Without a quota transfer at this
time, Harpoon category participants
would have to stop BFT fishing
activities with very short notice, while
commercial-sized BFT remain available
on the fishing grounds in the areas
Harpoon category permitted vessels
operate. Transferring 30 mt of BFT
quota from the Reserve category would
result in a total of 76 mt being available
for the Harpoon category for the 2020
Harpoon category fishing season.
Regarding the projected ability of the
vessels fishing under the particular
category quota (here, the Harpoon
category) to harvest the additional
amount of BFT before the end of the
fishing year (§ 635.27(a)(8)(iii)), NMFS
considered Harpoon category landings
over the last several years. Landings are
highly variable and depend on access to
commercial-sized BFT and fishing
conditions, among other factors. NMFS
anticipates that the Harpoon category
could harvest the transferred 30 mt prior
to the end of the Harpoon category
fishing season, subject to weather
conditions and BFT availability. NMFS
may transfer unused Harpoon category
quota to other quota categories, as
appropriate. NMFS also anticipates that
some underharvest of the 2019 adjusted
U.S. BFT quota will be carried forward
to 2020 and placed in the Reserve
category, in accordance with the
regulations. Thus, this quota transfer
would allow fishermen to take
advantage of the availability of fish on
the fishing grounds, and provide a
reasonable opportunity to harvest the
full U.S. BFT quota.
NMFS also considered the estimated
amounts by which quotas for other gear
categories of the bluefin tuna fishery
might be exceeded (§ 635.27(a)(8)(iv))
and the ability to account for all 2019
landings and dead discards. In the last
several years, total U.S. BFT landings
have been below the available U.S.
quota such that the United States has
carried forward the maximum amount
of underharvest allowed by ICCAT from
one year to the next. NMFS will need
to account for 2020 landings and dead
discards within the adjusted U.S. quota,
consistent with ICCAT
recommendations, and anticipates
having sufficient quota to do that.
NMFS also considered the effects of
the adjustment on the BFT stock and the
effects of the transfer on accomplishing
the objectives of the FMP
(§ 635.27(a)(8)(v) and (vi)). This transfer
would be consistent with the current
quotas, which were established and
analyzed in the 2018 BFT quota final
E:\FR\FM\16JYR1.SGM
16JYR1
]]>Agencies
[Federal Register Volume 85, Number 137 (Thursday, July 16, 2020)]
[Rules and Regulations]
[Pages 43145-43148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14945]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 200707-0183]
RIN 0648-BJ67
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic Region; Abbreviated
Framework Amendment 3
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS implements management measures described in Abbreviated
Framework Amendment 3 (Abbreviated Framework 3) to the Fishery
Management Plan for the Snapper-Grouper Fishery of the South Atlantic
Region (FMP), as prepared and submitted by the South Atlantic Fishery
Management Council (South Atlantic Council). This final rule increases
the commercial and recreational annual catch limits (ACLs) and
Abbreviated Framework 3 increases the recreational annual catch target
(ACT) for blueline tilefish in the South Atlantic exclusive economic
zone (EEZ). The purpose of this final rule is to ensure that these
measures for South Atlantic blueline tilefish are based on the best
scientific information available, to achieve and maintain optimum yield
(OY), and to prevent overfishing while minimizing to the extent
practicable, adverse social and economic effects.
DATES: This final rule is effective on August 17, 2020.
ADDRESSES: Electronic copies of Abbreviated Framework 3 may be obtained
from www.regulations.gov or the Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/abbreviated-framework-amendment-3-blueline-tilefish. Abbreviated Framework 3 includes a Regulatory
Flexibility Act (RFA) analysis and regulatory impact review.
FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery in the South
Atlantic region is managed under the FMP and includes blueline
tilefish, along with other snapper-grouper species. The FMP was
prepared by the South Atlantic Council and is implemented by NMFS
through regulations at 50 CFR part 622 under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).
On April 15, 2020, NMFS published a proposed rule for Abbreviated
Framework 3 in the Federal Register and requested public comment (85 FR
20970, April 15, 2020). Abbreviated Framework 3 and the proposed rule
outline the rationale for the actions contained in this final rule. A
summary of the management measures described in Abbreviated Framework 3
and implemented by this final rule is provided below. All weights
described in this final rule are in round weight.
Management Measure Contained in This Final Rule
This final rule revises the commercial and recreational ACLs for
South Atlantic blueline tilefish based on updated information from a
Southeast Data, Assessment, and Review (SEDAR) benchmark assessment
that was completed for the Atlantic stock of blueline tilefish, using
data through 2015 (SEDAR 50).
Prior to this final rule, the blueline tilefish commercial ACL was
87,521 lb (39,699 kg) and the recreational ACL was 87,277 lb (39,588
kg).
Consistent with the results of SEDAR 50 and the acceptable
biological catch (ABC) recommendation from the South Atlantic Council's
Scientific and Statistical Committee (SSC) that was accepted by the
South Atlantic Council, this final rule increases the commercial
[[Page 43146]]
and recreational ACLs for blueline tilefish in the South Atlantic EEZ.
The total ACL for South Atlantic blueline tilefish will equal the
total South Atlantic ABC of 233,968 lb (106,126 kg). The commercial ACL
will be set at 117,148 lb (53,137 kg) and the recreational ACL will be
set at 116,820 lb (52,989 kg).
The revised ACLs are consistent with the South Atlantic Council
SSC's ABC recommendation, and this final rule does not change the
sector allocation percentages in the FMP. The sector ACLs for blueline
tilefish are based on an allocation of 50.07 percent of the total ACL
to the commercial sector and 49.93 percent of the total ACL to the
recreational sector.
Since 2014, the blueline tilefish commercial sector has experienced
in-season fishing closures every year between April and August,
regardless of the amount of the commercial ACL. If the catch rates of
blueline tilefish in the commercial sector continue as expected in the
future, the revised commercial ACL is still expected to result in an
in-season closure during the commercial season as a result of the ACL
being reached. However, the increase to the commercial ACL in this
final rule is expected to extend the commercial fishing season further
into the fishing year. Because of recent changes to blueline tilefish
management measures and in-season closures, a reliable estimate of
future commercial season lengths is not available.
Blueline tilefish is closed to recreational harvest in the South
Atlantic each year from January 1 through April 30, and from September
1 through December 31. Each year since 2016, recreational landings of
blueline tilefish have exceeded the current recreational ACL. However,
a recreational closure during the May through August fishing season as
a result of landings being projected to reach the recreational ACL
prior to the end of August has not occurred, because in-season
recreational landings are typically not available until after the May
through August fishing season concludes. When compared to recent trends
in estimated recreational landings, the increase in the recreational
ACL through this final rule could reduce the likelihood that the ACL
would be met during the fixed May through August fishing season.
Management Measure Contained in Abbreviated Framework 3 Not Codified
Through This Final Rule
In addition to the ACL changes in this final rule, Abbreviated
Framework 3 will update the recreational ACT for blueline tilefish in
the South Atlantic EEZ. The recreational ACT is based on an ACT
equation in the FMP, unchanged by Abbreviated Framework 3 or this final
rule, where the recreational ACT is equal to the recreational ACL
multiplied by (1 minus the Percent Standard Error) or the recreational
ACL multiplied by 0.5, whichever is greater. Abbreviated Framework 3
increases the recreational ACT from 54,653 lb (24,790 kg) to 70,886 lb
(32,153 kg).
Comments and Responses
NMFS received six comments from individuals during the public
comment period on the proposed rule for Abbreviated Framework 3. One of
the comments was in general support of the actions in the proposed
rule. NMFS acknowledges the comment in favor of the actions in the
proposed rule and agrees with it. NMFS did not respond to comments that
were beyond the scope of the proposed rule in this final rule. The
public comment that opposed an action contained in Abbreviated
Framework 3 and the proposed rule is summarized below, as well as NMFS'
response.
Comment 1: To improve catch levels, the blueline tilefish ACLs
should not be increased until the population is more abundant.
Response: NMFS disagrees that the blueline tilefish ACLs in the
South Atlantic EEZ should not be increased. Abbreviated Framework 3 and
this final rule respond to the latest stock assessment for Atlantic
blueline tilefish (SEDAR 50) completed in October 2017. SEDAR 50
included blueline tilefish data from the South Atlantic Council and the
Mid-Atlantic Fishery Management Councils' (Mid-Atlantic Council)
jurisdictions. The South Atlantic Council's SSC reviewed the
assessment, determined that the assessment represented the best
scientific information available, and provided the South Atlantic
Council with an overfishing limit and updated ABC recommendation for
blueline tilefish in the EEZ south of Cape Hatteras, North Carolina.
Abbreviated Framework 3 and this final rule are increasing the harvest
levels for blueline tilefish in the South Atlantic EEZ based on SEDAR
50. These harvest levels are considered by the SSC to be sustainable
and will not negatively impact the health of the stock. Additionally,
NMFS has determined that blueline tilefish south of Cape Hatteras,
North Carolina, is not currently overfished or undergoing overfishing.
Classification
The Regional Administrator for the NMFS Southeast Region has
determined that this final rule is consistent with Abbreviated
Framework 3, the FMP, the Magnuson-Stevens Act, and other applicable
laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866. This final rule is not an Executive
Order 13771 regulatory action because this action is not significant
under Executive Order 12866.
The Magnuson-Stevens Act provides the legal basis for this rule. No
duplicative, overlapping, or conflicting Federal rules have been
identified. In addition, no new reporting and record-keeping
requirements are introduced by this rule. Accordingly, the Paperwork
Reduction Act does not apply to this rule.
A description of this final rule, why it is being implemented, and
the purposes of this rule are contained in the preamble and in the
SUMMARY section. The objectives of this rule are to ensure that these
measures for South Atlantic blueline tilefish are based on the best
scientific information available, to achieve and maintain OY, and to
prevent overfishing while minimizing adverse social and economic
effects to the extent practicable.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) during the proposed rule stage that this rule, if
adopted, would not have a significant economic impact on a substantial
number of small entities. NMFS did not receive any comments from the
SBA Office of Advocacy or the public regarding the economic analysis of
Abbreviated Framework 3 or the certification contained in the proposed
rule. No changes to this final rule were made in response to public
comments.
The analysis included in the abbreviated framework action concluded
that no charter vessels or headboats (for-hire) would be directly
regulated by this rule. However, NMFS subsequently determined that some
for-hire fishing businesses would be directly regulated by this rule.
The rationale for that determination and the factual basis for the
certification were published in the proposed rule and are repeated here
for clarity.
This rule increases the total ACL and consequently the commercial
and recreational ACLs for South Atlantic blueline tilefish. Thus, this
rule applies to entities that harvest South Atlantic blueline tilefish.
Recreational anglers
[[Page 43147]]
fishing for South Atlantic blueline tilefish will be directly affected
by the rule. However, anglers are not considered entities under the RFA
and thus will not be directly regulated by this rule.
This rule is expected to directly regulate commercial and for-hire
businesses (vessels) that harvest or have the ability to harvest South
Atlantic blueline tilefish. In 2018, there were 549 vessels with valid
or renewable Federal South Atlantic snapper-grouper unlimited permits
and 110 vessels with valid or renewable 225-lb (102-kg) trip limited
permits. Any vessel with a valid Federal South Atlantic snapper-grouper
unlimited permit or 225-lb (102-kg) trip limited permit may
commercially harvest blueline tilefish. In 2018, there were 2,176 for-
hire vessels that possessed a valid or renewable Federal charter
vessel/headboat permit for South Atlantic snapper-grouper. Any for-hire
vessel with a valid Federal charter vessel/headboat permit for South
Atlantic snapper-grouper may harvest South Atlantic blueline tilefish.
The number of charter vessels with a valid Federal permit that harvest
South Atlantic blueline tilefish cannot be determined with available
data. Based on the information above, NMFS determined that this rule
may directly regulate 659 commercial fishing businesses and 2,176 for-
hire fishing businesses.
From 2014 through 2018, an average of 143 commercial vessels per
year landed blueline tilefish in the South Atlantic. Taken together,
these vessels averaged 716 trips per year in the South Atlantic on
which blueline tilefish were landed, and an additional 4,400 trips in
the South Atlantic that did not land any blueline tilefish or were
taken outside the South Atlantic regardless of the species caught. In
2018 dollars, the average annual total revenues were approximately
$0.03 million from blueline tilefish, $1.89 million from other species
co-harvested with blueline tilefish on the same trips, and $8.95
million from trips in the South Atlantic on which no blueline tilefish
were harvested or trips that occurred outside the South Atlantic.
Average annual gross revenue from all species landed by vessels
harvesting blueline tilefish in the South Atlantic was approximately
$11.15 million. Thus, average annual gross revenue per commercial
vessel was about $78,000 per vessel. For comparison, average annual
gross revenue of federally permitted charter vessels and headboats in
the South Atlantic is $123,064 per charter vessel and $267,067 per
headboat in 2018 dollars.
On December 29, 2015, NMFS issued a final rule establishing a small
business size standard of $11 million in annual gross receipts
(revenue) for all businesses primarily engaged in the commercial
fishing industry (NAICS code 11411) for RFA compliance purposes only
(80 FR 81194, December 29, 2015). In addition to this gross revenue
standard, a business primarily involved in commercial fishing is
classified as a small business if it is independently owned and
operated, and is not dominant in it field of operations (including its
affiliates). From 2014 through 2018, the maximum average annual gross
revenue for a single vessel in the commercial snapper-grouper fishing
industry was about $1.6 million in 2018 dollars. Based on this
information, all directly regulated commercial fishing businesses are
determined, for the purpose of this analysis, to be small entities.
The SBA has established size standards for all other major industry
sectors in the U.S., including for-hire fishing businesses (NAICS code
487210). A business primarily involved in the for-hire fishing industry
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 annual receipts (revenue) not in excess of $8
million for all its affiliated operations worldwide. In 2017, the
maximum annual gross revenue for a single headboat in the South
Atlantic was about $765,200 in 2018 dollars. On average, annual gross
revenue for headboats is more than double the annual gross revenue for
charter vessels. Thus, it is assumed the maximum annual gross revenue
for charter vessels is less than $765,200. Based on this information,
all directly regulated for-hire fishing businesses are determined, for
the purpose of this analysis, to be small entities.
For South Atlantic blueline tilefish, this rule increases the total
ACL from 174,798 lb to 233,968 lb (79,287 kg to 106,126 kg), the
commercial ACL from 87,521 lb to 117,148 lb (39,699 kg to 53,137 kg),
the recreational ACL from 87,277 lb to 116,820 lb (39,588 kg to 52,989
kg). In addition, Abbreviated Framework 3 increases the recreational
ACT from 54,653 lb to 70,886 lb (24,790 kg to 32,153 kg). The
recreational ACT does not constrain harvest in the recreational sector
and therefore is not relevant with respect to determining effects on
small entities.
The increase in the commercial ACL is expected to increase annual
gross revenue for commercial snapper-grouper fishing entities
harvesting blueline tilefish by a total of $96,979, or by about $678
per active vessel, while profits for all commercial snapper-grouper
fishing entities harvesting blueline tilefish are expected to increase
by $23,134, or about $162 per vessel, in 2018 dollars. Because the
recreational ACL is shared between private anglers and for-hire
vessels, but without an established allocation among those components,
it is not possible to determine how much of the increase in the
recreational ACL will accrue to the for-hire snapper-grouper vessels
that harvest blueline tilefish. However, the higher recreational ACL
would be expected to at least minimally increase the number of for-hire
trips harvesting blueline tilefish, which in turn would be expected to
minimally increase the for-hire vessels' profits.
Because this final rule is not expected to have a significant
economic impact on a substantial number of small entities, a final
regulatory flexibility analysis is not required and none has been
prepared.
List of Subjects in 50 CFR Part 622
Annual catch limits, Blueline tilefish, Fisheries, Fishing, South
Atlantic.
Dated: July 7, 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 622 is amended
as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.193, revise the first sentence in paragraphs (z)(1)(i),
(2)(i), and (3) to read as follows:
Sec. 622.193 Annual catch limits (ACLs), annual catch targets
(ACTs), and accountability measures (AMs).
* * * * *
(z) * * * (1) * * * (i) If commercial landings for blueline
tilefish, as estimated by the SRD, reach or are projected to reach the
commercial ACL of 117,148 lb (53,137 kg), round weight, the AA will
file a notification with the Office of the Federal Register to close
the commercial sector for the remainder of the fishing year. * * *
* * * * *
(2) * * * (i) If recreational landings for blueline tilefish, as
estimated by the SRD, reach or are projected to reach the
[[Page 43148]]
recreational ACL of 116,820 lb (52,989 kg), round weight, the AA will
file a notification with the Office of the Federal Register to close
the recreational sector for the remainder of the fishing year, unless
the RA determines that no closure is necessary based on the best
scientific information available. * * *
* * * * *
(3) The combined commercial and recreational sector ACL (total ACL)
is 233,968 lb (106,126 kg), round weight.
[FR Doc. 2020-14945 Filed 7-15-20; 8:45 am]
BILLING CODE 3510-22-P
