[Federal Register Volume 85, Number 53 (Wednesday, March 18, 2020)]
[Rules and Regulations]
[Pages 15391-15392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05649]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 600
[Docket No. 200313-0080]
RIN 0648-BI82
Clarification of Magnuson-Stevens Fishery Conservation and
Management Act Regulation Regarding Monitor National Marine Sanctuary;
Final Rulemaking
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This final rule will clarify a regulation adopted under the
Magnuson-Stevens Fishery Conservation and Management Act (MSA), which
cross-references and incorrectly interprets regulations adopted under
the National Marine Sanctuaries Act. The Monitor National Marine
Sanctuary (Sanctuary) regulations currently prohibit some, but not all,
fishing in the Sanctuary. NMFS is clarifying its regulation which
incorrectly interprets Sanctuary regulations to prohibit all fishing in
the Sanctuary by removing the fishing prohibition text and cross-
referencing regulations for national marine sanctuaries.
DATES: The final rule is effective March 18, 2020.
FOR FURTHER INFORMATION CONTACT: Chris Wright, Fishery Policy Analyst,
301-427-8504, or via email [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Sanctuary was designated as the nation's first national marine
sanctuary in 1975 and protects the wreck of the famed Civil War
ironclad U.S.S. Monitor. This proposed rule would amend a general
fishery regulation adopted under the MSA, which currently provides:
``[a]ll fishing activity, regardless of species sought, is prohibited
under 15 CFR part 924 in the U.S.S. Monitor Marine Sanctuary, which is
located approximately 15 miles southwest of Cape Hatteras off the coast
of North Carolina'' (50 CFR 600.705(f)). This text incorrectly states
that ``all fishing activity'' is prohibited under national marine
sanctuary regulations. The Sanctuary regulations, which are currently
codified at part 922, only expressly prohibit one type of fishing
[[Page 15392]]
activity, ``trawling'' (50 CFR 922.61(h)). The Sanctuary regulations
further prohibit all ``dredging'' and ``[a]nchoring in any manner,
stopping, remaining, or drifting without power'' (Id. Sec. 922.61(a)).
While these regulations limit some fishing activity, it is incorrect to
state that all fishing is prohibited in the Sanctuary by national
marine sanctuary regulations, as the current NMFS regulation provides.
On December 16, 2019, NMFS issued a proposed rule (84 FR 68389) to
clarify the regulatory text at 50 CFR 600.705(f) by removing the
incorrect text and retaining a cross-reference to the Office of
National Marine Sanctuaries' regulations at 15 CFR part 922, which
regulate activities in the national marine sanctuaries. The regulation
we are amending is in the General Provisions for Domestic Fisheries (50
CFR part 600, subpart H). Regulations in part 600 implement and carry
out all domestic fishery management plans (FMPs) adopted under the MSA.
This action is authorized under MSA Sec. 305(d), which gives the
Agency general authority to carry out FMPs adopted under the MSA.
Comments and Responses
NMFS received four comments during the comment period. All written
comments can be found at http://www.regulations.gov/ by searching for
RIN 0648-BI82. The comments received during the comment period are
summarized below.
Comment 1: The South Atlantic Fishery Management Council supports
the proposed rule because it alleviates confusion regarding fishing
regulations in the Sanctuary by removing the text that prohibits ``all
fishing activity.'' The Council stated the remaining specific
regulations that prohibit anchoring, trawling, drifting, diving, and
lowering devices below the surface strike a reasonable balance between
protecting the historic site and allowing limited fishing activity that
will not impact the site.
NMFS agrees with this comment because it reiterates the Agency's
rationale for this action.
Comment 2: The North Carolina Division of Marine Fisheries supports
the proposed rule because it removes the prohibition on all fishing
activity in the regulatory text and references the appropriate
regulations. They agree with NMFS that this action will remove
unnecessary regulations, the net economic impact will be positive, and
the modifications will potentially alleviate confusion among stake
holders.
NMFS agrees with this comment because it reiterates the Agency's
rationale for this action.
Comment 3: Two commenters, from the general public, did not support
the proposed rule and asked NMFS to prohibit all fishing in the
Sanctuary.
NMFS disagrees with these comments. Nothing in the National Marine
Sanctuaries Act requires NOAA to prohibit all fishing in national
marine sanctuaries. NOAA's Office of National Marine Sanctuaries
believes that national marine sanctuaries should take into account
various stakeholders and activities as long as they do not conflict
with the primary goal of resource protection. The current Sanctuary
regulations strike a balance of protecting the U.S.S. Monitor while
allowing for some fishing to occur.
Classification
This final rule is promulgated pursuant to MSA Sec. 305(d). The
NMFS Assistant Administrator has determined that this rule is
consistent with the MSA 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. NMFS expects this final rule to alleviate the potential for
confusion regarding the fishing allowed in the Sanctuary, by making
clear that NMFS does not interpret Sanctuary regulations to prohibit
all fishing in the Sanctuary. This final rule also makes clear that
regulations governing fishing in national marine sanctuaries are set
forth at 15 CFR part 222 and that these regulations may apply in
addition to regulations adopted under the MSA.
No duplicative, overlapping, or conflicting Federal rules have been
identified beyond those discussed herein. In addition, no new
reporting, recordkeeping, or other compliance requirements are
introduced by this final rule. Accordingly, the Paperwork Reduction Act
does not apply to this final rule.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this rule would not
have a significant economic impact on a substantial number of small
entities. The factual basis for this determination was published in the
proposed rule and is not repeated here. None of the public comments
that were received specifically addressed the certification and NMFS
has not received any new information that would affect its
determination that this rule would not have a significant economic
impact on a substantial number of small entities. As a result, a final
regulatory flexibility analysis was not required and none was prepared.
There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in effective date. NMFS' regulation at 50 CFR 600.705(f)
currently interprets national marine sanctuary regulations incorrectly.
This has the potential to create confusion regarding the fishing
restrictions applicable to the Sanctuary and should be corrected as
expeditiously as possible. The impact if this action is not implemented
immediately is the continued potential for confusion from the public
and the recreational and commercial fishing sectors in regard to the
Sanctuary's fishing regulations.
List of Subjects in 50 CFR Part 600
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: March 13, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the preamble, 50 CFR part 600 will be
amended as follows:
PART 600--MAGNUSON-STEVENS ACT PROVISIONS
0
1. The authority citation for part 600 continues to read as follows:
Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.
0
2. In Sec. 600.705, revise paragraph (f) to read as follows:
Sec. 600.705 Relation to other laws.
* * * * *
(f) Marine sanctuaries. Regulations governing fishing activities
inside the boundaries of national marine sanctuaries are set forth in
15 CFR part 922.
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[FR Doc. 2020-05649 Filed 3-17-20; 8:45 am]
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