Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Southern Red Hake Accountability Measure, 52275-52277 [2020-18396]

Download as PDF Federal Register / Vol. 85, No. 165 / Tuesday, August 25, 2020 / Rules and Regulations Procedure Act (5 U.S.C. 553(b)(3)(B)) to amend this table without further notice and comment. B. What is the Agency’s authority for taking this action? Under 40 CFR 721.185, EPA may at any time revoke a SNUR for a chemical substance which has been added to subpart E of 40 CFR part 721 if EPA makes one of the determinations set forth in 40 CFR 721.185(a)(1) through (6). Revocation may occur on EPA’s initiative or in response to a written request. Under 40 CFR 721.185(b)(3), if EPA concludes that a SNUR should be revoked, the Agency will propose the changes in the Federal Register, briefly describe the grounds for the action, and provide interested parties an opportunity to comment. khammond on DSKJM1Z7X2PROD with RULES III. Public Comments on Proposed Rule and EPA Responses EPA received comments from two identifying entities on the proposed rule revocation (85 FR 18179, April 1, 2020) (FRL–10005–89) that were supportive of the action as proposed, and one anonymous public comment on the proposed rule that was general in nature and did not pertain to the proposed rule revocation. Therefore, no response is required, and EPA made no changes to the proposed action based on these comments. IV. Statutory and Executive Order Reviews This rule revokes or eliminates an existing regulatory requirement and does not contain any new or amended requirements. As such, the Agency has determined that this revocation would not have any adverse impacts, economic or otherwise. The Office of Management and Budget (OMB) has exempted these types of regulatory actions from review under Executive Order 12866 entitled, Regulatory Planning and Review (58 FR 51735, October 4, 1993). This rule does not contain any information collections subject to approval under the PRA, (44 U.S.C. 3501 et seq.). Since this rule eliminates a reporting requirement, the Agency certifies pursuant to section 605(b) of the Regulatory Flexibility Act (RFA) (5 U.S.C.601 et seq.), that this SNUR revocation would not have a significant economic impact on a substantial number of small entities. For the same reasons, this action does not require any action under Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.). This rule has neither Federalism implications, because it would not have substantial direct effects on States, on VerDate Sep<11>2014 16:10 Aug 24, 2020 Jkt 250001 the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 entitled, Federalism (64 FR 43255, August 10, 1999), nor Tribal implications, because it would not have substantial direct effects on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes, as specified in Executive Order 13175 entitled, Consultation and Coordination with Indian Tribal Governments (65 FR 67249, November 9, 2000). This action is not subject to Executive Order 13045 entitled, Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997), because this is not an economically significant regulatory action as defined under Executive Order 12866, and it does not address environmental health or safety risks disproportionately affecting children. Likewise, this action is not subject to Executive Order 1311 entitled, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001), because this action is not expected to affect energy supply, distribution, or use. Because this action does not involve any technical standards, section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) does not apply to this action. This action does not involve special considerations of environmental justice related issues as required by Executive Order 12898 entitled, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (59 FR 7629, February 16, 1994). V. Congressional Review Act (CRA) Pursuant to the CRA (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). 40 CFR Part 9 Environmental protection, Reporting and recordkeeping requirements. PO 00000 Frm 00039 Fmt 4700 40 CFR Part 721 Environmental protection, Chemicals, Hazardous substances, Reporting and recordkeeping requirements. Dated: July 31, 2020. Tala Henry, Deputy Director, Office of Pollution Prevention and Toxics. Therefore, for the reasons stated in the preamble, EPA amends 40 CFR chapter I as follows: PART 9—[AMENDED] 1. The authority citation for part 9 continues to read as follows: ■ Authority: 7 U.S.C. 135 et seq., 136–136y; 15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 1971–1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 300g–3, 300g–4, 300g–5, 300g–6, 300j–1, 300j–2, 300j–3, 300j–4, 300j-9, 1857 et seq., 6901–6992k, 7401–7671q, 7542, 9601–9657, 11023, 11048. § 9.1 [Amended] 2. In § 9.1, remove the entry for § 721.11193 under the undesignated center heading ‘‘Significant New Uses of Chemical Substances.’’ ■ PART 721—[AMENDED] 3. The authority citation for part 721 continues to read as follows: ■ Authority: 15 U.S.C. 2604, 2607, and 2625(c). § 721.11193 ■ [Removed] 2. Remove § 721.11193. [FR Doc. 2020–17202 Filed 8–24–20; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No.: 200818–0220] RIN 0648–BJ91 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Southern Red Hake Accountability Measure National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: List of Subjects Sfmt 4700 52275 E:\FR\FM\25AUR1.SGM 25AUR1 52276 Federal Register / Vol. 85, No. 165 / Tuesday, August 25, 2020 / Rules and Regulations This action reduces the inseason possession limit adjustment trigger for southern red hake due to an annual catch limit overage in fishing year 2018. Reduction of the trigger is a non-discretionary action intended to minimize the potential for catch overages in the future. This action also reduces the in-season possession limit because the trigger implemented with this action has been reached. The intent of this action is to inform the public of the possession limit trigger reduction and reduction in possession limit. DATES: Effective August 25, 2020. FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Management Specialist, phone (978) 282–8456, or shannah.jaburek@noaa.gov. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with RULES SUMMARY: Background This action reduces the in-season possession limit adjustment trigger for southern red hake, effective upon publication in the Federal Register, as described in the Northeast Multispecies Fishery Management Plan (FMP). The accountability measures for the smallmesh multispecies fishery require the reduction of the possession limit adjustment trigger when the fishery exceeds a stock’s annual catch limit (ACL), as occurred with southern red hake in 2018. The small-mesh multispecies fishery is managed as a component of the FMP, using a series of exemptions from the minimum mesh size requirements of the groundfish fishery. There are three hake species managed as five stocks under these regulations: Northern and southern silver hake; northern and southern red hake, and offshore hake. The northern stock areas generally encompass the Gulf of Maine and Georges Bank, and the southern stock areas are in the southern New England and Mid-Atlantic regions. Silver hake, also known as ‘‘whiting,’’ is generally the primary target species of the fishery. Red hake are caught concurrently with whiting and in other small-mesh fisheries targeting squid and are typically sold as bait. Under the current regulations, if the small-mesh multispecies fishery exceeds its ACL for a stock in a given fishing year, the accountability measures require us to reduce the inseason possession limit adjustment trigger (currently 90 percent for southern red hake) in a subsequent fishing year. The reduction is one-toone; therefore, the possession limit trigger is reduced by 1 percent for each percentage point by which the ACL was exceeded. During each fishing year, VerDate Sep<11>2014 16:10 Aug 24, 2020 Jkt 250001 when we project that the landings have reached the trigger percentage of the total allowable level of landings (TAL), we reduce the possession limit for that stock to an incidental level for the remainder of the fishing year. Such accountability measure actions are taken under the authority of the FMP and the Magnuson-Stevens Fishery Conservation and Management Act. In fishing year 2018, the southern red hake ACL was 1,007 metric tons (mt). Southern red hake commercial catch, including landings and discards, was 1,507 mt, exceeding the ACL by 500 mt, or 49.6 percent. As a result, this action reduces the possession limit trigger from the 90 percent to 40.4 percent of the TAL for fishing year 2020. The fishing year 2020 southern red hake TAL is 305 mt; therefore, the incidental limit takes effect when the fleet lands approximately 123.2 mt. Review of catch reports as of July 31, 2020, indicate that the new in-season possession limit trigger, effective with this rule, has been reached (i.e., 135 mt of southern red hake have been harvested). As a result, the possession limit for southern red hake is hereby reduced from 5,000 lb (2,268 kg) to the incidental possession limit of 400 lb (181.4 kg) for the remainder of the year. The revised possession limit trigger will remain in effect until the New England Fishery Management Council (Council) changes it through specifications or a framework action. This action does not alter the possession limit triggers for any of the other small-mesh multispecies stocks because catch of those stocks did not exceed the respective ACLs in 2018. At its June meeting, the Council took final action on alternatives to rebuild the overfished southern red hake stock. These alternatives include a reduced harvest level for a 10-year rebuilding period and tiered possession limits based on fishing gear. Separate rulemaking will be conducted to implement the southern red hake rebuilding measures. Classification NMFS is issuing this rule pursuant to 305(d) of the Magnuson-Stevens Act. The reason for using this regulatory authority is the Secretary has the general responsibility for carrying out the provisions of the FMP. The NMFS Assistant Administrator has determined that this final rule is consistent with the Northeast Multispecies FMP and other applicable law. Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and opportunity for additional public comment for the modifications to the southern red hake possession limit PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 trigger because it would be impracticable and contrary to the public interest. The final rule for Amendment 19 to the Northeast Multispecies FMP, which set the specifications and accountability measures for the smallmesh multispecies fishery, already considered comment on these measures with the understanding that the possession limit trigger would be adjusted when the ACL is exceeded. This action modifies the regulations regarding the accountability measures as intended by the Council and as required in the regulations. Adjustment of the possession limit trigger is a nondiscretionary, formulaic action required by the provisions of Amendment 19 to the FMP. Because the ACL was exceeded in 2018, the 90-percent trigger for southern red hake is reduced by this rule to 40.4 percent (123.2 mt). As of July 31, 2020, the fleet has landed approximately 135 mt, exceeding the new trigger limit put in place by this action. If the new trigger is not effective upon publication for the 2020 fishing year which started on May 1, 2020, the fishery will continue to exceed the catch limits because fishery participants would not be aware of the new reduced trigger level. This could result in adverse impacts to fishery resources and curtailed fishing opportunities leading to unnecessary adverse economic impacts for fishery participants. For the reasons stated above, there is also good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness of these accountability measures. 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. Because prior notice and opportunity for public comment are not required for this rule by 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable. List of Subjects in 50 CFR Part 648 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: August 18, 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 648 is amended as follows: E:\FR\FM\25AUR1.SGM 25AUR1 Federal Register / Vol. 85, No. 165 / Tuesday, August 25, 2020 / Rules and Regulations PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES § 648.90 NE multispecies assessment, framework procedures and specifications, and flexible area action system. 1. The authority citation for part 648 continues to read as follows: * ■ Authority: 16 U.S.C. 1801 et seq. 2. In § 648.90, revise paragraph (b)(5)(iii) to read as follows: khammond on DSKJM1Z7X2PROD with RULES ■ VerDate Sep<11>2014 16:10 Aug 24, 2020 Jkt 250001 * * * * (b) * * * (5) * * * (iii) Small-mesh multispecies inseason adjustment triggers. The smallmesh multispecies in-season accountability measure adjustment triggers are as follows: PO 00000 Frm 00041 Fmt 4700 Sfmt 9990 52277 In-season adjustment trigger (percent) Species Northern Red Hake .............. Northern Silver Hake ............ Southern Red Hake .............. Southern Silver Hake ........... * * * * * [FR Doc. 2020–18396 Filed 8–24–20; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\25AUR1.SGM 25AUR1 37.9 90 40.4 90

Agencies

[Federal Register Volume 85, Number 165 (Tuesday, August 25, 2020)]
[Rules and Regulations]
[Pages 52275-52277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18396]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.: 200818-0220]
RIN 0648-BJ91


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Southern Red 
Hake Accountability Measure

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

ACTION: Final rule.

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

[[Page 52276]]

SUMMARY: This action reduces the in-season possession limit adjustment 
trigger for southern red hake due to an annual catch limit overage in 
fishing year 2018. Reduction of the trigger is a non-discretionary 
action intended to minimize the potential for catch overages in the 
future. This action also reduces the in-season possession limit because 
the trigger implemented with this action has been reached. The intent 
of this action is to inform the public of the possession limit trigger 
reduction and reduction in possession limit.

DATES: Effective August 25, 2020.

FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Management 
Specialist, phone (978) 282-8456, or [email protected].

SUPPLEMENTARY INFORMATION:

Background

    This action reduces the in-season possession limit adjustment 
trigger for southern red hake, effective upon publication in the 
Federal Register, as described in the Northeast Multispecies Fishery 
Management Plan (FMP). The accountability measures for the small-mesh 
multispecies fishery require the reduction of the possession limit 
adjustment trigger when the fishery exceeds a stock's annual catch 
limit (ACL), as occurred with southern red hake in 2018.
    The small-mesh multispecies fishery is managed as a component of 
the FMP, using a series of exemptions from the minimum mesh size 
requirements of the groundfish fishery. There are three hake species 
managed as five stocks under these regulations: Northern and southern 
silver hake; northern and southern red hake, and offshore hake. The 
northern stock areas generally encompass the Gulf of Maine and Georges 
Bank, and the southern stock areas are in the southern New England and 
Mid-Atlantic regions. Silver hake, also known as ``whiting,'' is 
generally the primary target species of the fishery. Red hake are 
caught concurrently with whiting and in other small-mesh fisheries 
targeting squid and are typically sold as bait.
    Under the current regulations, if the small-mesh multispecies 
fishery exceeds its ACL for a stock in a given fishing year, the 
accountability measures require us to reduce the in-season possession 
limit adjustment trigger (currently 90 percent for southern red hake) 
in a subsequent fishing year. The reduction is one-to-one; therefore, 
the possession limit trigger is reduced by 1 percent for each 
percentage point by which the ACL was exceeded. During each fishing 
year, when we project that the landings have reached the trigger 
percentage of the total allowable level of landings (TAL), we reduce 
the possession limit for that stock to an incidental level for the 
remainder of the fishing year. Such accountability measure actions are 
taken under the authority of the FMP and the Magnuson-Stevens Fishery 
Conservation and Management Act.
    In fishing year 2018, the southern red hake ACL was 1,007 metric 
tons (mt). Southern red hake commercial catch, including landings and 
discards, was 1,507 mt, exceeding the ACL by 500 mt, or 49.6 percent. 
As a result, this action reduces the possession limit trigger from the 
90 percent to 40.4 percent of the TAL for fishing year 2020. The 
fishing year 2020 southern red hake TAL is 305 mt; therefore, the 
incidental limit takes effect when the fleet lands approximately 123.2 
mt. Review of catch reports as of July 31, 2020, indicate that the new 
in-season possession limit trigger, effective with this rule, has been 
reached (i.e., 135 mt of southern red hake have been harvested). As a 
result, the possession limit for southern red hake is hereby reduced 
from 5,000 lb (2,268 kg) to the incidental possession limit of 400 lb 
(181.4 kg) for the remainder of the year. The revised possession limit 
trigger will remain in effect until the New England Fishery Management 
Council (Council) changes it through specifications or a framework 
action. This action does not alter the possession limit triggers for 
any of the other small-mesh multispecies stocks because catch of those 
stocks did not exceed the respective ACLs in 2018. At its June meeting, 
the Council took final action on alternatives to rebuild the overfished 
southern red hake stock. These alternatives include a reduced harvest 
level for a 10-year rebuilding period and tiered possession limits 
based on fishing gear. Separate rulemaking will be conducted to 
implement the southern red hake rebuilding measures.

Classification

    NMFS is issuing this rule pursuant to 305(d) of the Magnuson-
Stevens Act. The reason for using this regulatory authority is the 
Secretary has the general responsibility for carrying out the 
provisions of the FMP. The NMFS Assistant Administrator has determined 
that this final rule is consistent with the Northeast Multispecies FMP 
and other applicable law.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and opportunity for additional public comment for the 
modifications to the southern red hake possession limit trigger because 
it would be impracticable and contrary to the public interest. The 
final rule for Amendment 19 to the Northeast Multispecies FMP, which 
set the specifications and accountability measures for the small-mesh 
multispecies fishery, already considered comment on these measures with 
the understanding that the possession limit trigger would be adjusted 
when the ACL is exceeded. This action modifies the regulations 
regarding the accountability measures as intended by the Council and as 
required in the regulations. Adjustment of the possession limit trigger 
is a non-discretionary, formulaic action required by the provisions of 
Amendment 19 to the FMP. Because the ACL was exceeded in 2018, the 90-
percent trigger for southern red hake is reduced by this rule to 40.4 
percent (123.2 mt). As of July 31, 2020, the fleet has landed 
approximately 135 mt, exceeding the new trigger limit put in place by 
this action. If the new trigger is not effective upon publication for 
the 2020 fishing year which started on May 1, 2020, the fishery will 
continue to exceed the catch limits because fishery participants would 
not be aware of the new reduced trigger level. This could result in 
adverse impacts to fishery resources and curtailed fishing 
opportunities leading to unnecessary adverse economic impacts for 
fishery participants. For the reasons stated above, there is also good 
cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in 
effectiveness of these accountability measures.
    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.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: August 18, 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 648 is amended 
as follows:

[[Page 52277]]

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

    Authority:  16 U.S.C. 1801 et seq.


0
2. In Sec.  648.90, revise paragraph (b)(5)(iii) to read as follows:


Sec.  648.90  NE multispecies assessment, framework procedures and 
specifications, and flexible area action system.

* * * * *
    (b) * * *
    (5) * * *
    (iii) Small-mesh multispecies in-season adjustment triggers. The 
small-mesh multispecies in-season accountability measure adjustment 
triggers are as follows:

------------------------------------------------------------------------
                                                             In-season
                                                            adjustment
                         Species                              trigger
                                                             (percent)
------------------------------------------------------------------------
Northern Red Hake.......................................            37.9
Northern Silver Hake....................................              90
Southern Red Hake.......................................            40.4
Southern Silver Hake....................................              90
------------------------------------------------------------------------

* * * * *
[FR Doc. 2020-18396 Filed 8-24-20; 8:45 am]
BILLING CODE 3510-22-P