Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Amendment 21 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan, 45571-45573 [2020-16446]
Download as PDF
<![CDATA[
Federal Register / Vol. 85, No. 146 / Wednesday, July 29, 2020 / Proposed Rules
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of the
National Technology Transfer and
Advancement Act (NTTA) because this
rulemaking does not involve technical
standards; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Reporting and recordkeeping
requirements, Volatile organic
compounds.
VerDate Sep<11>2014
16:12 Jul 28, 2020
Jkt 250001
Dated: July 13, 2020.
James Gulliford,
Regional Administrator, Region 7.
For the reasons stated in the
preamble, the EPA proposes to amend
40 CFR part 52 as set forth below:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart AA—Missouri
§ 52.1320
[Amended]
2. In § 52.1320, the table in paragraph
(c) is amended by removing the entry
‘‘10–5.360’’ under the heading ‘‘Chapter
5-Air Quality Standards and Air
Pollution Control Regulations for the St.
Louis Metropolitan Area’’.
■
[FR Doc. 2020–15500 Filed 7–28–20; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
RIN 0648–BJ18
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States;
Amendment 21 to the Summer
Flounder, Scup, and Black Sea Bass
Fishery Management Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of Availability of
proposed fishery management plan
amendment; request for comments.
AGENCY:
The Mid-Atlantic Fishery
Management Council has submitted
Amendment 21 to the Summer
Flounder, Scup, and Black Sea Bass
Fishery Management Plan to NMFS.
Amendment 21 proposes revisions to
the summer flounder commercial state
quota allocation percentages and the
fishery management plan goals and
objectives. Amendment 21 is intended
to increase equity in state allocations
when annual coastwide commercial
quotas are at or above historical
averages, while recognizing the
economic reliance coastal communities
have on the state allocation percentages
currently in place.
SUMMARY:
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
45571
Public comments must be
received on or before September 28,
2020.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2020–0107, by the following
method:
• Electronic Submission: Submit all
electronic public comments via the
Federal eRulemaking Portal.
1. Go to www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20200107;
2. Click the ‘‘Comment Now!’’ icon
and complete the required fields; and
3. Enter or attach your comments.
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 us. 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. We will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
Copies of Amendment 21, including
the Environmental Impact Statement,
the Regulatory Impact Review, and the
Initial Regulatory Flexibility Analysis
(EIS/RIR/IRFA) prepared in support of
this action are available from Dr.
Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery
Management Council, Suite 201, 800
North State Street, Dover, DE 19901.
The supporting documents are also
accessible via the internet at: https://
www.mafmc.org.
FOR FURTHER INFORMATION CONTACT:
Emily Keiley, Fishery Policy Analyst,
(978) 281–9116, or email: Emily.Keiley@
noaa.gov.
SUPPLEMENTARY INFORMATION:
DATES:
Background
The summer flounder fishery is
managed cooperatively under the
provisions of the Summer Flounder,
Scup, and Black Sea Bass Fishery
Management Plan (FMP) developed by
the Mid-Atlantic Fishery Management
Council and the Atlantic States Marine
Fisheries Commission, in consultation
with the New England Fishery
Management Council. The management
unit specified in the FMP includes
summer flounder (Paralichthys
dentatus) in U.S. waters of the Atlantic
Ocean from the southern border of
North Carolina northward to the U.S./
E:\FR\FM\29JYP1.SGM
29JYP1
45572
Federal Register / Vol. 85, No. 146 / Wednesday, July 29, 2020 / Proposed Rules
Canada border. States manage summer
flounder within 3 nautical miles (4.83
km) of their coasts, under the
Commission’s plan for summer
flounder. The Federal summer flounder
regulations govern fishing in Federal
waters of the Exclusive Economic Zone
(3 to 200 nautical miles, 4.83 km to
160.93 km offshore), as well as vessels
possessing a summer flounder
moratorium permit, regardless of where
they fish.
On September 16, 2014 (79 FR 55432),
the Council published a notice of intent
(NOI) to prepare an EIS for Amendment
21 to consider, in coordination with the
Commission: (1) Performing a
comprehensive review of all aspects of
the FMP related to summer flounder; (2)
updating the FMP goals and objectives
for summer flounder management; and
(3) modifying management strategies
and measures as necessary to achieve
those goals and objectives. The Council
and Commission held scoping meetings
during September and October of 2014
to solicit comments from the public
regarding the range of commercial and
recreational summer flounder
management issues should be
considered in the amendment.
On March 29, 2018 (83 FR 13478), the
Council published a supplemental NOI
announcing that the scope of the
amendment would be narrowed to
include only commercial summer
flounder management considerations.
Due to ongoing revisions to the
recreational data by the Marine
Recreational Information Program, the
Council and Commission chose to delay
development of any issues that would
rely heavily on recreational data. This
includes quota allocation between the
commercial and recreational sectors as
well as recreational management
measures and strategies. The
supplemental NOI identified that the
commercial fishery-focused amendment
would consider revisions to:
• Current qualification criteria for
Federal moratorium permit holders;
• Current state-by-state allocation of
commercial quota;
• List of frameworkable items in the
FMP; and
• FMP goals and objectives for
summer flounder.
On August 17, 2018 (83 FR 41072),
the Environmental Protection Agency
announced the public comment period
for the Amendment 21 draft
environmental impact statement (DEIS).
The public comment period extended
until October 12, 2018. During that time,
the Council and Commission held
public hearings on the DEIS in Old
Lyme, Connecticut; Washington, North
Carolina; Dover, Delaware; Newport
News, Virginia; Buzzards Bay,
Massachusetts; Narragansett, Rhode
Island; Toms River, New Jersey; Berlin,
Maryland; Stony Brook, New York; and
via webinar.
The Council adopted Amendment 21
on March 6, 2019, and submitted the
amendment to us for review on March
17, 2020.
Proposed State-by-State Allocation
Approach
Amendment 21 would modify the
state-by-state commercial quota
allocations when the coastwide quota
exceeds 9.55 million lb (4,332 mt).
When the coastwide quota is 9.55
million lb (4,332 mt) or less the quota
would be distributed according to the
current allocations. In years when the
coastwide quota exceeds 9.55 million lb
(4,332 mt) any additional quota, beyond
this trigger, would be distributed in
equal shares to all states except Maine,
Delaware, and New Hampshire, which
would split 1 percent of the additional
quota.
TABLE 1—PROPOSED STATE-BY-STATE ALLOCATIONS
Allocation of
baseline quota
≤9.55 mil lb
(percent)
State
Allocation of
additional quota
beyond
9.55 mil lb
(percent)
ME ................................................................................................................................................................
NH ................................................................................................................................................................
MA ................................................................................................................................................................
RI .................................................................................................................................................................
CT ................................................................................................................................................................
NY ................................................................................................................................................................
NJ .................................................................................................................................................................
DE ................................................................................................................................................................
MD ...............................................................................................................................................................
VA ................................................................................................................................................................
NC ................................................................................................................................................................
0.04756
0.00046
6.82046
15.68298
2.25708
7.64699
16.72499
0.01779
2.03910
21.31676
27.44584
0.333
0.333
12.375
12.375
12.375
12.375
12.375
0.333
12.375
12.375
12.375
Total ......................................................................................................................................................
100
100
Revised Summer Flounder FMP Goals
and Objectives
The original FMP objectives were
adopted via Amendment 2 to the
Summer Flounder FMP in 1993 and
have remained unchanged since that
time. Amendment 21 revises the FMP
goals and objectives. While the current
FMP contains only management
objectives, the proposed revisions
contain three overarching goals linked
to more specific objectives. The revised
goals include: (1) Ensuring
VerDate Sep<11>2014
16:12 Jul 28, 2020
Jkt 250001
sustainability, of both the summer
flounder stock and fishery; (2)
increasing the effectiveness of
management measures, through
partnerships, enforcement, and data
collection; and, (3) optimization of the
social and economic benefits from the
summer flounder stock. Additional
information on these changes can be
found in the FEIS.
Public Comment Instructions
The Magnuson-Stevens Fishery
Conservation and Management Act
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
allows us to approve, partially approve,
or disapprove measures recommended
by the Council in an amendment based
on whether the measures are consistent
with the fishery management plan, plan
amendment, the Magnuson-Stevens Act
and its National Standards, and other
applicable law. The Council develops
policy for its fisheries and we defer to
the Council on policy decisions unless
those policies are inconsistent with the
Magnuson-Steven Act or other
applicable law. As such, we are seeking
comment on whether measures in
E:\FR\FM\29JYP1.SGM
29JYP1
Federal Register / Vol. 85, No. 146 / Wednesday, July 29, 2020 / Proposed Rules
Amendment 21 are consistent with the
Summer Flounder, Scup, and Black Sea
Bass FMP, the Magnuson-Stevens Act
and its National Standards, and other
applicable law. Public comments on
Amendment 21 and its incorporated
documents may be submitted through
the end of the comment period stated in
this notification of availability.
A proposed rule to implement the
amendment, including draft regulatory
text, will also be published in the
Federal Register for public comment.
VerDate Sep<11>2014
16:12 Jul 28, 2020
Jkt 250001
Public comments on the proposed rule
received before the end of the comment
period provided in this notification of
availability will be considered in the
approval/disapproval decision on the
amendment. All comments received by
September 28, 2020, whether
specifically directed to Amendment 21
or the proposed rule for this
amendment, will be considered in the
approval/disapproval decision on the
Amendment 21. Comments received
after that date will not be considered in
PO 00000
Frm 00029
Fmt 4702
Sfmt 9990
45573
the decision to approve or disapprove
the amendment. To be considered,
comments must be received by close of
business on the last day of the comment
period.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 24, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–16446 Filed 7–24–20; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\29JYP1.SGM
29JYP1
]]>Agencies
[Federal Register Volume 85, Number 146 (Wednesday, July 29, 2020)]
[Proposed Rules]
[Pages 45571-45573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16446]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
RIN 0648-BJ18
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Amendment 21
to the Summer Flounder, Scup, and Black Sea Bass Fishery Management
Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of Availability of proposed fishery management plan
amendment; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Mid-Atlantic Fishery Management Council has submitted
Amendment 21 to the Summer Flounder, Scup, and Black Sea Bass Fishery
Management Plan to NMFS. Amendment 21 proposes revisions to the summer
flounder commercial state quota allocation percentages and the fishery
management plan goals and objectives. Amendment 21 is intended to
increase equity in state allocations when annual coastwide commercial
quotas are at or above historical averages, while recognizing the
economic reliance coastal communities have on the state allocation
percentages currently in place.
DATES: Public comments must be received on or before September 28,
2020.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2020-0107, by the following method:
Electronic Submission: Submit all electronic public
comments via the Federal eRulemaking Portal.
1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2020-0107;
2. Click the ``Comment Now!'' icon and complete the required
fields; and
3. Enter or attach your comments.
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 us. 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. We will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Copies of Amendment 21, including the Environmental Impact
Statement, the Regulatory Impact Review, and the Initial Regulatory
Flexibility Analysis (EIS/RIR/IRFA) prepared in support of this action
are available from Dr. Christopher M. Moore, Executive Director, Mid-
Atlantic Fishery Management Council, Suite 201, 800 North State Street,
Dover, DE 19901. The supporting documents are also accessible via the
internet at: https://www.mafmc.org.
FOR FURTHER INFORMATION CONTACT: Emily Keiley, Fishery Policy Analyst,
(978) 281-9116, or email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The summer flounder fishery is managed cooperatively under the
provisions of the Summer Flounder, Scup, and Black Sea Bass Fishery
Management Plan (FMP) developed by the Mid-Atlantic Fishery Management
Council and the Atlantic States Marine Fisheries Commission, in
consultation with the New England Fishery Management Council. The
management unit specified in the FMP includes summer flounder
(Paralichthys dentatus) in U.S. waters of the Atlantic Ocean from the
southern border of North Carolina northward to the U.S./
[[Page 45572]]
Canada border. States manage summer flounder within 3 nautical miles
(4.83 km) of their coasts, under the Commission's plan for summer
flounder. The Federal summer flounder regulations govern fishing in
Federal waters of the Exclusive Economic Zone (3 to 200 nautical miles,
4.83 km to 160.93 km offshore), as well as vessels possessing a summer
flounder moratorium permit, regardless of where they fish.
On September 16, 2014 (79 FR 55432), the Council published a notice
of intent (NOI) to prepare an EIS for Amendment 21 to consider, in
coordination with the Commission: (1) Performing a comprehensive review
of all aspects of the FMP related to summer flounder; (2) updating the
FMP goals and objectives for summer flounder management; and (3)
modifying management strategies and measures as necessary to achieve
those goals and objectives. The Council and Commission held scoping
meetings during September and October of 2014 to solicit comments from
the public regarding the range of commercial and recreational summer
flounder management issues should be considered in the amendment.
On March 29, 2018 (83 FR 13478), the Council published a
supplemental NOI announcing that the scope of the amendment would be
narrowed to include only commercial summer flounder management
considerations. Due to ongoing revisions to the recreational data by
the Marine Recreational Information Program, the Council and Commission
chose to delay development of any issues that would rely heavily on
recreational data. This includes quota allocation between the
commercial and recreational sectors as well as recreational management
measures and strategies. The supplemental NOI identified that the
commercial fishery-focused amendment would consider revisions to:
Current qualification criteria for Federal moratorium
permit holders;
Current state-by-state allocation of commercial quota;
List of frameworkable items in the FMP; and
FMP goals and objectives for summer flounder.
On August 17, 2018 (83 FR 41072), the Environmental Protection
Agency announced the public comment period for the Amendment 21 draft
environmental impact statement (DEIS). The public comment period
extended until October 12, 2018. During that time, the Council and
Commission held public hearings on the DEIS in Old Lyme, Connecticut;
Washington, North Carolina; Dover, Delaware; Newport News, Virginia;
Buzzards Bay, Massachusetts; Narragansett, Rhode Island; Toms River,
New Jersey; Berlin, Maryland; Stony Brook, New York; and via webinar.
The Council adopted Amendment 21 on March 6, 2019, and submitted
the amendment to us for review on March 17, 2020.
Proposed State-by-State Allocation Approach
Amendment 21 would modify the state-by-state commercial quota
allocations when the coastwide quota exceeds 9.55 million lb (4,332
mt). When the coastwide quota is 9.55 million lb (4,332 mt) or less the
quota would be distributed according to the current allocations. In
years when the coastwide quota exceeds 9.55 million lb (4,332 mt) any
additional quota, beyond this trigger, would be distributed in equal
shares to all states except Maine, Delaware, and New Hampshire, which
would split 1 percent of the additional quota.
Table 1--Proposed State-by-State Allocations
------------------------------------------------------------------------
Allocation of Allocation of
baseline quota additional quota
State <=9.55 mil lb beyond 9.55 mil
(percent) lb (percent)
------------------------------------------------------------------------
ME................................ 0.04756 0.333
NH................................ 0.00046 0.333
MA................................ 6.82046 12.375
RI................................ 15.68298 12.375
CT................................ 2.25708 12.375
NY................................ 7.64699 12.375
NJ................................ 16.72499 12.375
DE................................ 0.01779 0.333
MD................................ 2.03910 12.375
VA................................ 21.31676 12.375
NC................................ 27.44584 12.375
-------------------------------------
Total......................... 100 100
------------------------------------------------------------------------
Revised Summer Flounder FMP Goals and Objectives
The original FMP objectives were adopted via Amendment 2 to the
Summer Flounder FMP in 1993 and have remained unchanged since that
time. Amendment 21 revises the FMP goals and objectives. While the
current FMP contains only management objectives, the proposed revisions
contain three overarching goals linked to more specific objectives. The
revised goals include: (1) Ensuring sustainability, of both the summer
flounder stock and fishery; (2) increasing the effectiveness of
management measures, through partnerships, enforcement, and data
collection; and, (3) optimization of the social and economic benefits
from the summer flounder stock. Additional information on these changes
can be found in the FEIS.
Public Comment Instructions
The Magnuson-Stevens Fishery Conservation and Management Act allows
us to approve, partially approve, or disapprove measures recommended by
the Council in an amendment based on whether the measures are
consistent with the fishery management plan, plan amendment, the
Magnuson-Stevens Act and its National Standards, and other applicable
law. The Council develops policy for its fisheries and we defer to the
Council on policy decisions unless those policies are inconsistent with
the Magnuson-Steven Act or other applicable law. As such, we are
seeking comment on whether measures in
[[Page 45573]]
Amendment 21 are consistent with the Summer Flounder, Scup, and Black
Sea Bass FMP, the Magnuson-Stevens Act and its National Standards, and
other applicable law. Public comments on Amendment 21 and its
incorporated documents may be submitted through the end of the comment
period stated in this notification of availability.
A proposed rule to implement the amendment, including draft
regulatory text, will also be published in the Federal Register for
public comment. Public comments on the proposed rule received before
the end of the comment period provided in this notification of
availability will be considered in the approval/disapproval decision on
the amendment. All comments received by September 28, 2020, whether
specifically directed to Amendment 21 or the proposed rule for this
amendment, will be considered in the approval/disapproval decision on
the Amendment 21. Comments received after that date will not be
considered in the decision to approve or disapprove the amendment. To
be considered, comments must be received by close of business on the
last day of the comment period.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 24, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-16446 Filed 7-24-20; 4:15 pm]
BILLING CODE 3510-22-P
