[Federal Register Volume 85, Number 150 (Tuesday, August 4, 2020)]
[Rules and Regulations]
[Pages 47102-47103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16937]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 200730-0202; RTID 0648-XX062]
Fisheries of the Northeastern United States; Illex Squid Fishery;
Revised 2020 Illex Squid Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary final rule.
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SUMMARY: NMFS is increasing the specifications for the 2020 Illex squid
fishery. This rule is required to ensure that the 2020 specifications
are based on the best scientific information available. This rule is
also intended to inform the public of the changes to increase the
specifications for the remainder of the 2020 fishing year. This action
will allow Illex squid fishery to benefit from the quota increase and
achieve optimal yield.
DATES: Effective August 4, 2020, through December 31, 2020.
ADDRESSES: Copies of the revised specifications, including the
Supplemental Information Report, and other supporting documents for the
action, are available upon request from Dr. Christopher M. Moore,
Executive Director, Mid-Atlantic Fishery Management Council, Suite 201,
800 N State Street, Dover, DE 19901. These documents are also
accessible via the internet at http://www.mafmc.org.
FOR FURTHER INFORMATION CONTACT: Aly Pitts, Fishery Management
Specialist, (978) 281-9352.
SUPPLEMENTARY INFORMATION:
Background
The Mid-Atlantic Fishery Management Council manages the Illex squid
fishery under the Atlantic Mackerel, Squid, and Butterfish (MSB)
Fishery Management Plan (FMP). Section 302(g)(1)(B) of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)
states that the Scientific and Statistical Committee (SSC) for each
regional fishery management council shall provide its Council ongoing
scientific advice for fishery management decisions, including
recommendations for acceptable biological catch (ABC), preventing
overfishing, ensuring maximum sustainable yield, and achieving
rebuilding targets. The ABC is a level of catch that accounts for the
scientific uncertainty in the estimate of the stock's defined
overfishing level (OFL). The regulations implementing the MSB FMP
require the Council's MSB Monitoring Committee to develop specification
recommendations for each species based upon the ABC advice of the
Council's SSC. The regulations at 50 CFR 648.22(e) allow the Regional
Administrator, in consultation with the Council, to adjust
specifications during the fishing year.
At its May 2020 meeting, the Council's SSC reviewed preliminary
work by its Illex Squid Working Group and concluded that the species
continues to be lightly exploited and the fishery footprint is small
relative to the entire management unit. The SSC recommended increasing
the 2020 ABC
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from 26,000 mt to 30,000 mt. The Council recommended this specification
adjustment at its June 2020 meeting.
On March 1, 2018, we published Illex squid specifications for 2018-
2020 (83 FR 8764), and the National Environmental Policy Act (NEPA)
analysis for that rule considered a range of ABCs from 18,000-30,000
mt, and the final rule adopted an ABC of 24,000 mt for 2019 and
projected the same ABC for 2020. On February 27, 2020, we revised these
specifications to implement a 26,000 mt ABC (85 FR 11309) for 2020
based on the SSC's updated recommendation. The revised specifications
implemented by this temporary final rule increase the 2020 Illex squid
ABC to 30,000 mt.
The changes to the initial 2020 Illex squid specifications included
in this action were analyzed during the development of the original
2018-2020 specifications. A 30,000 mt ABC was included in the range of
alternatives. The public had an opportunity to comment on the 30,000 mt
ABC during the development of the original 2018-2020 Illex
specifications. These revised specifications will increase the 2020
commercial quotas by 14 percent by implementing a 28,644-mt domestic
annual harvest (DAH).
Revised Specifications
We are implementing the revised 2020 specifications recommended by
the Council and its SSC. The Council recommended that the status quo
discard rate of 4.52 percent be reduced from the ABC, which results in
a DAH amount of 28,644 mt for 2020 that would be maintained for the
2020 fishing year. Table 1 summarizes the recommended changes to the
revised 2020 Illex squid specifications. This action makes no changes
to the current commercial management measures.
Table 1--2020 Illex Squid Specifications in metric tons
[mt]
------------------------------------------------------------------------
Current Modified
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OFL............................. Unknown........... Unknown.
ABC............................. 26,000............ 30,000.
Initial Optimum Yield........... 24,285............ 28,644.
DAH............................. 24,285............ 28,644.
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Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this temporary final
rule is consistent with the MSB FMP, the national standards and other
provisions of the Magnuson-Stevens Act, and other applicable law.
This final rule is exempt from review under Executive Order 12866.
This temporary final rule does not duplicate, conflict, or overlap
with any existing Federal rules.
This temporary final rule is exempt from the procedures of the
Regulatory Flexibility Act because the rule is issued without
opportunity for prior notice and opportunity for public comment.
The Assistant Administrator for Fisheries, NOAA, finds it is
unnecessary and contrary to the public interest to provide for prior
notice and an opportunity for public comment, pursuant to 5 U.S.C.
553(b)(B). This action increases the 2020 specifications (i.e., annual
catch limits) for the Illex squid fishery based on new information,
which is allowed pursuant to our regulatory in-season authority at 50
CFR 648.22(e). Implementing a 30,000-mt ABC was anticipated during
development and implementation of the original specifications action
(83 FR 8764, March 1, 2018), as well as at the June 2020 Council
meeting. Where the public has had an opportunity to review a range of
specifications that included the amount considered in this action, a
delay in its effectiveness would not serve any legitimate purpose,
while unnecessarily disadvantaging fishermen who wish to take advantage
of the fishing opportunity that this action provides with increased
quotas. A delay would be contrary to the public interest for this loss
of potential economic opportunity, and it could also create confusion
in the Illex squid fishery. This rule is being issued at the earliest
possible date. We received the Council's Supplemental Information
Report for this action on June 29, 2020. The revised specifications
increase the quota and allow this predominantly summer fishery to
benefit from the quota increase and achieve optimal yield. This rule
should be effective as soon as possible to fully realize the intended
benefits to the fishery.
Additionally, unlike actions that require an adjustment period to
comply with new rules, Illex squid fishery participants will not be
required to purchase new equipment or otherwise expend time or money to
comply with these management measures. Rather, complying with this rule
simply means adhering to the higher (less restrictive) catch limits set
for the remainder of the Illex squid fishing year. Fishery stakeholders
have been involved in the development of this action and are
anticipating this rule. Therefore, there would be no added benefit to
delaying the implementation of these specifications. For these reasons,
a 30-day delay in effectiveness would be contrary to the public
interest. As a result, we are waiving the requirement.
For the same reasons, the Assistant Administrator finds good cause
under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness and
these specifications shall be made effective on August 4, 2020.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 30, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020-16937 Filed 8-3-20; 8:45 am]
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