Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery Off the South Atlantic States; Amendment 11, 67309-67311 [2020-22322]

Download as PDF Federal Register / Vol. 85, No. 205 / Thursday, October 22, 2020 / Rules and Regulations amended, 47 U.S.C. 151, 154(i), 154(j), and 303(r), this Order is adopted. 17. It is further ordered that, pursuant to the authority found in sections 1, 4(i), 4(j), and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), and 303(r), the Commission’s rules are amended as set forth in Appendix A, effective as of the date of publication of a summary in the Federal Register. 18. It is further ordered that the Commission’s Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Order, including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. 19. It is further ordered that, pursuant to Section 801(a)(1)(A) of the Congressional Review Act, 5 U.S.C. 801(a)(1)(A), the Commission shall send a copy of the Order to Congress and to the Government Accountability Office. 20. It is further ordered that, should no petitions for reconsideration or petitions for judicial review be timely filed, MB Docket No. 19–310 shall be terminated and its docket closed. List of Subjects in 47 CFR Part 73 Radio. Federal Communications Commission. Marlene Dortch, Secretary. For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 73 as follows: PART 73—RADIO BROADCAST SERVICES 1. The authority citation for Part 73 continues to read as follows: ■ Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334, 336, 339. ■ 2. Section 73.3556 is removed. [FR Doc. 2020–21319 Filed 10–21–20; 8:45 am] BILLING CODE 6712–01–P VerDate Sep<11>2014 16:23 Oct 21, 2020 Jkt 253001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 201002–0265] RIN 0648–BJ76 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery Off the South Atlantic States; Amendment 11 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: NMFS issues regulations to implement Amendment 11 to the Fishery Management Plan (FMP) for the Shrimp Fishery of the South Atlantic Region (Shrimp FMP), as prepared and submitted by the South Atlantic Fishery Management Council (Council). This final rule revises the transit provisions for shrimp trawl vessels with penaeid shrimp, i.e., brown, pink, and white shrimp, on board in Federal waters of the South Atlantic that have been closed to shrimp trawling to protect white shrimp as a result of cold weather events. The purpose of this final rule is to update the regulations to more closely align with current fishing practices, reduce the socio-economic impacts for fishermen who transit these closed areas, and improve safety at sea while maintaining protection for overwintering white shrimp. DATES: This final rule is effective November 23, 2020. ADDRESSES: Electronic copies of Amendment 11, which includes a fishery impact statement, a Regulatory Flexibility Act (RFA) analysis, and a regulatory impact review, may be obtained from the Southeast Regional Office website at https:// www.fisheries.noaa.gov/action/ amendment-11-shrimp-trawl-transitprovisions/. FOR FURTHER INFORMATION CONTACT: Frank Helies, telephone: 727–824–5305, or email: Frank.Helies@noaa.gov. SUPPLEMENTARY INFORMATION: The penaeid shrimp fishery of the South Atlantic is managed under the FMP. The FMP was prepared by the Council and implemented through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). On July 10, 2020, NMFS published a notice of availability for Amendment 11 SUMMARY: PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 67309 and requested public comment (85 FR 41513). On August 13, 2020, NMFS published a proposed rule for Amendment 11 and requested public comment (85 FR 49355). NMFS approved Amendment 11 on September 28, 2020. The proposed rule and Amendment 11 outline the rationale for the actions contained in this final rule. A summary of the management measures described in Amendment 11 and implemented by this final rule is described below. Background Amendment 9 to the Shrimp FMP revised the criteria and procedures by which a South Atlantic state may request that NMFS implement a concurrent closure to the harvest of penaeid shrimp (brown, pink, and white shrimp) in the exclusive economic zone (EEZ) when state waters close as a result of severe winter weather (78 FR 35571; June 13, 2013). The Shrimp FMP provides that if a state has determined there is at least an 80-percent reduction in the population of overwintering white shrimp, or that state water temperatures were 9 °C (48 °F) or less for at least 7 consecutive days, the state can request NMFS to close the EEZ adjacent to that state’s closed waters to the harvest of penaeid shrimp to protect the white shrimp spawning stock that has been severely depleted by cold weather. The Shrimp FMP procedures allow a state, after determining that the concurrent closure criteria have been met, to submit a letter directly to the NMFS Regional Administrator (RA) with the request and supporting data for a concurrent closure of penaeid shrimp harvest in the EEZ adjacent to the closed state waters. After a review of the request and supporting information, if the RA determines the recommended closure is in accordance with the procedures and criteria specified in the FMP and the Magnuson-Stevens Act, NMFS would implement the closure through a notification in the Federal Register. The closure will usually remain effective until the ending date of the state’s closure, but may be ended earlier based upon a request from the state. Currently, shrimp trawl vessels transiting these EEZ cold weather closed areas with penaeid shrimp on board are required to stow a trawl net with a mesh size of less than 4 inches (10.2 cm) below deck. Since the most recent cold weather EEZ closures off South Carolina (83 FR 2931; January 22, 2018) and Georgia (83 FR 3404; January 25, 2018), fishermen requested that the Council update these transit provisions. E:\FR\FM\22OCR1.SGM 22OCR1 67310 Federal Register / Vol. 85, No. 205 / Thursday, October 22, 2020 / Rules and Regulations Fishermen requested this change to increase their ability to transit the closed areas, since more recent vessel design changes have limited access to below deck storage. Also, requirements for a larger turtle excluder device (TED) in the trawl net to protect leatherback sea turtles have increased the size of a net that would need to be folded and stored below deck. Fishermen also stated that having to disassemble trawl gear for below deck stowage in rough sea conditions is a safety concern. Additionally, some fishermen stated that they avoid the closed areas entirely as they were not able to meet the transit requirements. NMFS expects that Amendment 11 and this final rule will update the regulations to better match the current design of the vessels in the fishery, reduce the socio-economic impact for fishermen who had difficulty transiting the cold weather closed areas under the regulations, and improve safety at sea for fishermen through reduced travel time around the closed areas and by not having to disassemble fishing gear in rough weather for stowage below deck, while maintaining protection for overwintering white shrimp and enforceability of the regulations for the cold weather closed areas. Management Measures Contained in This Final Rule This final rule revises the transit provisions for shrimp trawl vessels with penaeid shrimp on board transiting through cold weather closed areas in Federal waters of the South Atlantic. The final rule allows a vessel to possess penaeid shrimp (brown, pink, and white shrimp) in South Atlantic cold weather closed areas provided the vessel is in transit and fishing gear is appropriately stowed. Transit will be defined as nonstop progression through the area with fishing gear appropriately stowed. Fishing gear appropriately stowed will be defined as trawl doors are in the rack (cradle) on deck, nets would be in the rigging and tied down, and the try net would be on the deck. Doors in the rack means the trawl doors are stowed in their storage racks out of the water on the vessel’s deck. Nets in the rigging means the trawl nets are out of the water and are tied to the trawl vessel’s rigging. The transit provision in this final rule was developed and recommended to the Council by the Council’s Law Enforcement, Shrimp, and Deep-water Shrimp Advisory Panels. Doors in the rack (cradle), nets in the rigging and tied down, and try net on the deck will enable law enforcement on the water or in the air to see from a distance if fishermen are complying with the VerDate Sep<11>2014 16:23 Oct 21, 2020 Jkt 253001 transit provisions without having to actually board the vessel, thereby saving time and reducing the safety risks associated with a vessel boarding. This final rule will reduce the time needed to stow gear because fishermen will no longer need to disassemble the trawl gear (remove nets from the rigging and the doors) prior to stowing nets with mesh sizes less than 4 inches (10.2 cm) below deck. This final rule is expected to reduce adverse socioeconomic and safety at sea impacts associated with the transit provisions through reduced travel time around the closed areas and reduced time on the water for fishermen by not requiring gear stowage below deck. Comments and Responses NMFS received two comments from individuals during the public comment periods on the notice of availability and proposed rule for Amendment 11. One comment was in support of the vessel transit action. NMFS acknowledges the comment and agrees with it. The other comment was outside the scope of the action and is not responded to in this final rule. No changes were made to this final rule in response to public comment. Classification Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this final rule is consistent with Amendment 11, the Shrimp FMP, the Magnuson-Stevens Act, and other applicable law. This final rule has been determined to be not significant for purposes of Executive Order 12866. This final rule is considered an Executive Order 13771 deregulatory action. The Magnuson-Stevens Act provides the statutory basis for this final rule. No duplicative, overlapping, or conflicting Federal rules have been identified. A description of this final rule, why it is being implemented, and the purposes of this final rule are contained in the SUMMARY and SUPPLEMENTARY INFORMATION sections of this preamble. The objectives of this final rule are to ensure transit regulations are consistent with current fishing vessel designs, reduce the adverse social and economic effects on commercial shrimp fishing businesses that have not been able to transit closed areas due to an inability to comply with the current transit regulations, improve safety at sea and the enforceability of transit regulations, and maintain protection for overwintering white shrimp. The Chief Counsel for Regulation of the Department of Commerce certified PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 to the Chief Counsel for Advocacy of the Small Business Administration (SBA) during the proposed rule stage that this final rule, if adopted, would not have a significant economic impact on a substantial number of small entities. NMFS did not receive any comments from SBA’s Office of Advocacy or the public regarding the economic analysis of Amendment 11 or the certification in the proposed rule. No changes to this final rule were made in response to public comments. The factual basis for the certification was published in the proposed rule and is not repeated here. 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. This final rule contains no information collection requirements under the Paperwork Reduction Act of 1995. List of Subjects in 50 CFR Part 622 Commercial, Fisheries, Fishing, Shrimp, South Atlantic. Dated: October 5, 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 § 622.206, revise paragraph (a)(2)(iii) to read as follows: ■ § 622.206 Area and seasonal closures. (a) * * * (2) * * * (iii) Brown shrimp, pink shrimp, or white shrimp may be possessed on board a fishing vessel in a closed area, provided the vessel is in transit and that the shrimp fishing gear with trawl nets having a mesh size less than 4 inches (10.2 cm), as measured between the centers of opposite knots when pulled taut, is appropriately stowed. For the purposes of this paragraph (a), transit means a non-stop progression through a closed area and appropriately stowed means trawl doors out of the water and in the rack/cradle on deck, the nets must be out of the water and in the E:\FR\FM\22OCR1.SGM 22OCR1 Federal Register / Vol. 85, No. 205 / Thursday, October 22, 2020 / Rules and Regulations rigging and tied down, and any try net must be on deck. * * * * * [FR Doc. 2020–22322 Filed 10–21–20; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 200428–0122; RTID 0648– XA575] Fisheries of the Northeastern United States; Atlantic Herring Fishery; Adjustment to the 2020 Specifications National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason adjustment. AGENCY: NMFS increases the 2020 Atlantic herring annual catch limit and Area 1A sub-annual catch limit by 1,000 mt. This action is required by the herring regulations when, based on data through October 1, the New Brunswick weir fishery lands less than 2,942 mt of herring. This notice is intended to inform the public of these catch limit changes. DATES: Effective October 22, 2020 through December 31, 2020. FOR FURTHER INFORMATION CONTACT: Carrie Nordeen, Fishery Policy Analyst, (978) 281–9272; or Carrie.Nordeen@ noaa.gov. SUPPLEMENTARY INFORMATION: NMFS published final 2020 specifications for the Atlantic Herring Fishery Management Plan on May 6, 2020 (85 FR 26874), establishing the 2020 annual catch limit (ACL) and area sub-ACLs. Table 1 shows the original herring specifications for 2020 and the specifications that are revised by this action for the remainder of the calendar year. The NMFS Regional Administrator tracks herring landings in the New Brunswick weir fishery each year. The regulations at 50 CFR 648.201(h) require that if the New Brunswick weir fishery landings through October 1 are less than 2,942 mt, then NMFS subtracts 1,000 mt from the management uncertainty buffer SUMMARY: VerDate Sep<11>2014 16:23 Oct 21, 2020 Jkt 253001 and increases the ACL and Area 1A subACL by 1,000 mt. When such a determination is made, NMFS is required to notify the New England Fishery Management Council and publish the ACL and Area 1A sub-ACL adjustment in the Federal Register. Information from Canada’s Department of Fisheries and Oceans indicates that the New Brunswick weir fishery landed 1,125 mt of herring through October 4, 2020. Therefore, the Regional Administrator determined, based on the best available information, that the New Brunswick weir fishery landed less than 2,942 mt through October 1, 2020. Effective October 22, 2020, 1,000 mt will be re-allocated from the management uncertainty buffer to the Area 1A sub-ACL and ACL. This increases the Area 1A sub-ACL from 3,344 mt to 4,344 and the ACL from 11,571 mt to 12,571 mt. The revised specifications will be used to project when catch will reach 92 percent of the Area 1A sub-ACL or 95 percent of the ACL for the purpose of implementing a 2,000-lb (907-kg) herring possession limit in Area 1A or in all management areas, respectively. TABLE 1—ATLANTIC HERRING SPECIFICATIONS FOR 2020 (mt) Original specifications Overfishing Limit .. Acceptable Biological Catch. Management Uncertainty. Optimum Yield/ ACL. Domestic Annual Harvest. Border Transfer .... Domestic Annual Processing. U.S. At-Sea Processing. Area 1A Sub-ACL (28.9%). Area 1B Sub-ACL (4.3%). Area 2 Sub-ACL (27.8%). Area 3 Sub-ACL (39%). Fixed Gear SetAside. Research SetAside. PO 00000 Frm 00047 Revised specifications 41,830 ...... 16,131 ...... 41,830. 16,131. 4,560 ........ 3,560. 11,571 ...... 12,571. 11,571 ...... 12,571. 100 ........... 11,471 ...... 100. 12,471. 0 ............... 0. 3,344 ........ 4,344. 498 ........... 498 3,217 ........ 3,217. 4,513 ........ 4,513. 30 ............. 30. 3% of subACLs. 3% of subACLs Fmt 4700 Sfmt 9990 67311 Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR part 648, which was issued pursuant to section 403(b), and is exempt from review under Executive Order 12866. The Assistant Administrator for Fisheries, NOAA, finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment on this inseason adjustment because it would be contrary to the public interest. This action allocates a portion of the management uncertainty buffer to the ACL and Area 1A sub-ACL for the remainder of the year. If implementation of this inseason action is delayed to solicit prior public comment, the objective of the fishery management plan to achieve the optimum yield (OY) in the fishery could be compromised. Deteriorating weather conditions during the latter part of the fishing year may reduce fishing effort, and could also prevent the ACL from being fully harvested. This would result in a negative economic impact on vessels permitted to fish in this fishery. Moreover, the process being applied here was the subject of notice and comment rulemaking. The adjustment is routine and formulaic, required by regulation, and is expected by industry. The potential to re-allocate the management uncertainty buffer was also outlined in the final 2020 herring specifications that were published May 8, 2020, which were developed through public notice and comment. Based on these considerations, NMFS further finds, pursuant to 5 U.S.C 553(d)(3), good cause to waive the 30-day delayed effectiveness period for the reasons stated above. Authority: 16 U.S.C. 1801 et seq. Dated: October 19, 2020. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2020–23418 Filed 10–21–20; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\22OCR1.SGM 22OCR1

Agencies

[Federal Register Volume 85, Number 205 (Thursday, October 22, 2020)]
[Rules and Regulations]
[Pages 67309-67311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22322]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 201002-0265]
RIN 0648-BJ76


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Shrimp Fishery Off the South Atlantic States; Amendment 11

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

ACTION: Final rule.

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

SUMMARY: NMFS issues regulations to implement Amendment 11 to the 
Fishery Management Plan (FMP) for the Shrimp Fishery of the South 
Atlantic Region (Shrimp FMP), as prepared and submitted by the South 
Atlantic Fishery Management Council (Council). This final rule revises 
the transit provisions for shrimp trawl vessels with penaeid shrimp, 
i.e., brown, pink, and white shrimp, on board in Federal waters of the 
South Atlantic that have been closed to shrimp trawling to protect 
white shrimp as a result of cold weather events. The purpose of this 
final rule is to update the regulations to more closely align with 
current fishing practices, reduce the socio-economic impacts for 
fishermen who transit these closed areas, and improve safety at sea 
while maintaining protection for overwintering white shrimp.

DATES: This final rule is effective November 23, 2020.

ADDRESSES: Electronic copies of Amendment 11, which includes a fishery 
impact statement, a Regulatory Flexibility Act (RFA) analysis, and a 
regulatory impact review, may be obtained from the Southeast Regional 
Office website at https://www.fisheries.noaa.gov/action/amendment-11-shrimp-trawl-transit-provisions/.

FOR FURTHER INFORMATION CONTACT: Frank Helies, telephone: 727-824-5305, 
or email: [email protected].

SUPPLEMENTARY INFORMATION: The penaeid shrimp fishery of the South 
Atlantic is managed under the FMP. The FMP was prepared by the Council 
and implemented through regulations at 50 CFR part 622 under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act).
    On July 10, 2020, NMFS published a notice of availability for 
Amendment 11 and requested public comment (85 FR 41513). On August 13, 
2020, NMFS published a proposed rule for Amendment 11 and requested 
public comment (85 FR 49355). NMFS approved Amendment 11 on September 
28, 2020. The proposed rule and Amendment 11 outline the rationale for 
the actions contained in this final rule. A summary of the management 
measures described in Amendment 11 and implemented by this final rule 
is described below.

Background

    Amendment 9 to the Shrimp FMP revised the criteria and procedures 
by which a South Atlantic state may request that NMFS implement a 
concurrent closure to the harvest of penaeid shrimp (brown, pink, and 
white shrimp) in the exclusive economic zone (EEZ) when state waters 
close as a result of severe winter weather (78 FR 35571; June 13, 
2013). The Shrimp FMP provides that if a state has determined there is 
at least an 80-percent reduction in the population of overwintering 
white shrimp, or that state water temperatures were 9 [deg]C (48 
[deg]F) or less for at least 7 consecutive days, the state can request 
NMFS to close the EEZ adjacent to that state's closed waters to the 
harvest of penaeid shrimp to protect the white shrimp spawning stock 
that has been severely depleted by cold weather.
    The Shrimp FMP procedures allow a state, after determining that the 
concurrent closure criteria have been met, to submit a letter directly 
to the NMFS Regional Administrator (RA) with the request and supporting 
data for a concurrent closure of penaeid shrimp harvest in the EEZ 
adjacent to the closed state waters. After a review of the request and 
supporting information, if the RA determines the recommended closure is 
in accordance with the procedures and criteria specified in the FMP and 
the Magnuson-Stevens Act, NMFS would implement the closure through a 
notification in the Federal Register. The closure will usually remain 
effective until the ending date of the state's closure, but may be 
ended earlier based upon a request from the state.
    Currently, shrimp trawl vessels transiting these EEZ cold weather 
closed areas with penaeid shrimp on board are required to stow a trawl 
net with a mesh size of less than 4 inches (10.2 cm) below deck. Since 
the most recent cold weather EEZ closures off South Carolina (83 FR 
2931; January 22, 2018) and Georgia (83 FR 3404; January 25, 2018), 
fishermen requested that the Council update these transit provisions.

[[Page 67310]]

Fishermen requested this change to increase their ability to transit 
the closed areas, since more recent vessel design changes have limited 
access to below deck storage. Also, requirements for a larger turtle 
excluder device (TED) in the trawl net to protect leatherback sea 
turtles have increased the size of a net that would need to be folded 
and stored below deck. Fishermen also stated that having to disassemble 
trawl gear for below deck stowage in rough sea conditions is a safety 
concern. Additionally, some fishermen stated that they avoid the closed 
areas entirely as they were not able to meet the transit requirements.
    NMFS expects that Amendment 11 and this final rule will update the 
regulations to better match the current design of the vessels in the 
fishery, reduce the socio-economic impact for fishermen who had 
difficulty transiting the cold weather closed areas under the 
regulations, and improve safety at sea for fishermen through reduced 
travel time around the closed areas and by not having to disassemble 
fishing gear in rough weather for stowage below deck, while maintaining 
protection for overwintering white shrimp and enforceability of the 
regulations for the cold weather closed areas.

Management Measures Contained in This Final Rule

    This final rule revises the transit provisions for shrimp trawl 
vessels with penaeid shrimp on board transiting through cold weather 
closed areas in Federal waters of the South Atlantic. The final rule 
allows a vessel to possess penaeid shrimp (brown, pink, and white 
shrimp) in South Atlantic cold weather closed areas provided the vessel 
is in transit and fishing gear is appropriately stowed. Transit will be 
defined as non-stop progression through the area with fishing gear 
appropriately stowed. Fishing gear appropriately stowed will be defined 
as trawl doors are in the rack (cradle) on deck, nets would be in the 
rigging and tied down, and the try net would be on the deck. Doors in 
the rack means the trawl doors are stowed in their storage racks out of 
the water on the vessel's deck. Nets in the rigging means the trawl 
nets are out of the water and are tied to the trawl vessel's rigging.
    The transit provision in this final rule was developed and 
recommended to the Council by the Council's Law Enforcement, Shrimp, 
and Deep-water Shrimp Advisory Panels. Doors in the rack (cradle), nets 
in the rigging and tied down, and try net on the deck will enable law 
enforcement on the water or in the air to see from a distance if 
fishermen are complying with the transit provisions without having to 
actually board the vessel, thereby saving time and reducing the safety 
risks associated with a vessel boarding.
    This final rule will reduce the time needed to stow gear because 
fishermen will no longer need to disassemble the trawl gear (remove 
nets from the rigging and the doors) prior to stowing nets with mesh 
sizes less than 4 inches (10.2 cm) below deck. This final rule is 
expected to reduce adverse socio-economic and safety at sea impacts 
associated with the transit provisions through reduced travel time 
around the closed areas and reduced time on the water for fishermen by 
not requiring gear stowage below deck.

Comments and Responses

    NMFS received two comments from individuals during the public 
comment periods on the notice of availability and proposed rule for 
Amendment 11. One comment was in support of the vessel transit action. 
NMFS acknowledges the comment and agrees with it. The other comment was 
outside the scope of the action and is not responded to in this final 
rule. No changes were made to this final rule in response to public 
comment.

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this final rule is 
consistent with Amendment 11, the Shrimp FMP, the Magnuson-Stevens Act, 
and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866. This final rule is considered an 
Executive Order 13771 deregulatory action.
    The Magnuson-Stevens Act provides the statutory basis for this 
final rule. No duplicative, overlapping, or conflicting Federal rules 
have been identified. A description of this final rule, why it is being 
implemented, and the purposes of this final rule are contained in the 
SUMMARY and SUPPLEMENTARY INFORMATION sections of this preamble. The 
objectives of this final rule are to ensure transit regulations are 
consistent with current fishing vessel designs, reduce the adverse 
social and economic effects on commercial shrimp fishing businesses 
that have not been able to transit closed areas due to an inability to 
comply with the current transit regulations, improve safety at sea and 
the enforceability of transit regulations, and maintain protection for 
over-wintering white shrimp.
    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 final 
rule, if adopted, would not have a significant economic impact on a 
substantial number of small entities. NMFS did not receive any comments 
from SBA's Office of Advocacy or the public regarding the economic 
analysis of Amendment 11 or the certification in the proposed rule. No 
changes to this final rule were made in response to public comments. 
The factual basis for the certification was published in the proposed 
rule and is not repeated here. 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.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 622

    Commercial, Fisheries, Fishing, Shrimp, South Atlantic.

    Dated: October 5, 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.  622.206, revise paragraph (a)(2)(iii) to read as follows:


Sec.  622.206  Area and seasonal closures.

    (a) * * *
    (2) * * *
    (iii) Brown shrimp, pink shrimp, or white shrimp may be possessed 
on board a fishing vessel in a closed area, provided the vessel is in 
transit and that the shrimp fishing gear with trawl nets having a mesh 
size less than 4 inches (10.2 cm), as measured between the centers of 
opposite knots when pulled taut, is appropriately stowed. For the 
purposes of this paragraph (a), transit means a non-stop progression 
through a closed area and appropriately stowed means trawl doors out of 
the water and in the rack/cradle on deck, the nets must be out of the 
water and in the

[[Page 67311]]

rigging and tied down, and any try net must be on deck.
* * * * *
[FR Doc. 2020-22322 Filed 10-21-20; 8:45 am]
BILLING CODE 3510-22-P