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
<![CDATA[
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]
=======================================================================
-----------------------------------------------------------------------
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
