[Federal Register Volume 81, Number 217 (Wednesday, November 9, 2016)]
[Rules and Regulations]
[Pages 78728-78731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27020]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 160615524-6999-02]
RIN 0648-BG13


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Scup Fishery; 
Framework Adjustment 9

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

ACTION: Final rule.

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SUMMARY: This action changes the southern and eastern boundaries of the 
Southern Gear Restricted Area, as recommended by the Mid-Atlantic 
Fishery Management Council. This rule is intended to increase access to 
traditional squid fishing areas, while maintaining protection for 
juvenile scup.

DATES: Effective December 9, 2016.

ADDRESSES: Copies of the Scup Gear Restricted Area Modification 
Framework, including the draft Environmental Assessment, and the 
Regulatory Impact Review prepared by the Mid-Atlantic Fishery 
Management Council in support of this action are available from Dr. 
Christopher Moore, Executive Director, Mid-Atlantic Fishery Management 
Council, 800 North State Street, Suite 201, Dover, DE 19901. The 
supporting documents are also accessible via the Internet at: http://www.mafmc.org/actions/scup-gear-restricted-areas-framework or http://www.greateratlantic.fisheries.noaa.gov/sustainable/species/scup/index.html.

FOR FURTHER INFORMATION CONTACT: Emily Gilbert, Fishery Policy Analyst, 
phone: 978-281-9244; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Scup (Stenotomus chrysops) is managed jointly by the Mid-Atlantic 
Fishery Management Council and the Atlantic States Marine Fisheries 
Commission through the Summer Flounder, Scup, and Black Sea Bass 
Fishery Management Plan (FMP). The management unit specified in the FMP 
for scup is U.S. waters of the Atlantic Ocean from 35[deg]13.3' N. lat. 
(the latitude of Cape Hatteras Lighthouse, Buxton, NC) northward to the 
U.S./Canada

[[Page 78729]]

border. Currently, the scup stock is not overfished and it is not 
experiencing overfishing.
    When scup was overfished prior to 2009, the Council and NMFS 
determined that juvenile scup mortality in small-mesh fisheries (i.e., 
those fisheries using mesh smaller than the minimum size specified in 
the scup regulations) was highly problematic. Two seasonal Gear 
Restricted Areas (GRAs) were implemented to prohibit vessels fishing 
for squid, black sea bass, or silver hake (also known as whiting) from 
using mesh smaller than the 5.0-inch (12.7-cm) minimum scup mesh size 
in the areas during certain times of year. The GRAs were implemented in 
2000 (May 24, 2000, 65 FR 33486) and modified several times between 
2000 and 2005 (December 27, 2000, 65 FR 81761; March 1, 2001, 66 FR 
12902; January 2, 2003, 68 FR 60; January 4, 2005, 70 FR 303). Details 
on the changes to the GRAs are described in those actions and are not 
repeated here. Most often the changes were enacted to accommodate 
access for one of the regulated small-mesh fisheries, while still 
maintaining an effective level of protection for juvenile scup. The 
GRAs in their current forms have been in effect since 2003 (Northern 
GRA) and 2005 (Southern GRA). Scup has been considered rebuilt since 
2009 and is currently estimated to be approximately 210 percent of the 
biomass target. Research by the Northeast Fisheries Science Center 
suggests that minimizing juvenile mortality in the GRAs likely 
contributed to the recovery and expansion of the scup population. This 
action only modifies the Southern GRA. The Northern GRA remains 
unchanged.
    The background on the Council's development of this action is 
described in the proposed rule and not repeated here (August 18, 2016, 
81 FR 55166).

Final Southern GRA Modifications

    This action removes the southern portions of the GRA that overlap 
statistical areas 631 and 632. Additionally, this action shifts the 
eastern boundary of the Southern GRA west, roughly following the 
outermost points of the proposed Deep-Sea Coral Protection Areas 
(September 26, 2016, 81 FR 66245). If approved, the Council's pending 
Deep-Sea Coral Amendment would implement area closures that would 
further restrict access to several canyon areas year-round. Many of 
these canyons are partially contained within the current boundaries of 
the Southern GRA, and this action would align those boundaries. The 
current and final Southern GRA are shown in the figure below. The 
updated Southern GRA coordinates are provided in the final regulatory 
text.
BILLING CODE 3510-22-P

[[Page 78730]]

[GRAPHIC] [TIFF OMITTED] TR09NO16.015

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    The Council designed these modifications to minimize overlap 
between the GRA and the recommended discrete deep-sea coral areas. The 
eastern boundary is intended to restore access to the squid fishery in 
areas approximately 55 to 60 fathoms (100 to 110 m) and deeper. The 
shift of the southern boundary north is based on analysis suggesting 
there are very few scup in statistical areas 631 and 632 from January 
through March. This action will marginally reduce the amount of 
protection for the scup stock in return for a modest increase in squid 
availability. The updated Southern GRA is smaller than the current one; 
slightly reducing coverage of the scup estimated to be covered by the 
GRA. However, analysis shows that this change will result in a modest 
increase in access for the squid and whiting fisheries and a slight 
increase in the availability of black sea bass in the GRA from January 
1-March 15. It is important to note, however, that the amount of each 
stock (by weight) currently estimated to be within the GRA during the 
winter is only a small fraction of the total stock abundance. As a 
result, we do not expect the boundary changes to compromise the scup 
stock or result in overfishing for squid, black sea bass, or whiting.

Comments and Responses

    We received five comments on the measures outlined in the August 
18, 2016 (81 FR 55166), proposed rule. All commenters expressed their 
support for the boundary modifications, noting the importance of 
balancing the needs of the squid fishing industry with the ability to 
protect juvenile scup.
    One commenter also suggested that NMFS and the Council continue to 
monitor the squid fishery in the modified GRA area to see how the squid 
fishery benefits from these changes and how scup discards may be 
affected. Although we do not expect this boundary change to compromise 
the scup stock or result in overfishing for squid, black sea bass, or 
whiting, we agree that continued review of scup discards in this area 
is important. The Council can further modify this GRA in a future 
framework adjustment action if available information indicates the need 
to do so.

Changes From Proposed Rule

    The Southern GRA coordinates at Sec.  648.124(a)(1) are slightly 
adjusted from those presented in the proposed rule to remove an 
extraneous point and to better align with the coordinates

[[Page 78731]]

proposed for the Deep-Sea Coral Protection Areas.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
Assistant Administrator has determined that this final rule is 
consistent with the Summer Flounder, Scup, and Black Sea Bass FMP, 
other provisions of the Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    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 action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis is not required and none has been prepared.
    There are no new reporting or recordkeeping requirements contained 
in any of the alternatives considered for this action.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: November 3, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons stated in the preamble, 50 CFR part 648 is amended 
as follows:

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.  648.124, revise paragraph (a)(1) to read as follows:


Sec.  648.124  Scup commercial season and commercial fishery area 
restrictions.

    (a) Southern Gear Restricted Area--(1) Restrictions. From January 1 
through March 15, all trawl vessels in the Southern Gear Restricted 
Area that fish for or possess non-exempt species as specified in 
paragraph (a)(2) of this section must fish with nets that have a 
minimum mesh size of 5.0-inch (12.7-cm) diamond mesh, applied 
throughout the codend for at least 75 continuous meshes forward of the 
terminus of the net. For trawl nets with codends (including an 
extension) of fewer than 75 meshes, the entire trawl net must have a 
minimum mesh size of 5.0 inches (12.7 cm) throughout the net. The 
Southern Gear Restricted Area is an area bounded by straight lines 
connecting the following points in the order stated (copies of a chart 
depicting the area are available from the Regional Administrator upon 
request):

                      Southern Gear Restricted Area
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        Point                 Latitude                  Longitude
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SGA1................  39[deg]20' N............  72[deg]37' W.
SGA2................  39[deg]4.38' N..........  72[deg]47.22' W.
SGA3................  38[deg]28.65' N.........  73[deg]29.37' W.
SGA4................  38[deg]29.72' N.........  73[deg]30.65' W.
SGA5................  38[deg]26.32' N.........  73[deg]33.44' W.
SGA6................  38[deg]25.08' N.........  73[deg]34.99' W.
SGA7................  38[deg]13.15' N.........  73[deg]49.77' W.
SGA8................  38[deg]13.74' N.........  73[deg]50.73' W.
SGA9................  38[deg]11.98' N.........  73[deg]52.65' W.
SGA10...............  37[deg]29.53' N.........  74[deg]29.95' W.
SGA11...............  37[deg]29.43' N.........  74[deg]30.29' W.
SGA12...............  37[deg]28.6' N..........  74[deg]30.6' W.
SGA13...............  37[deg]6.97' N..........  74[deg]40.8' W.
SGA14...............  37[deg]5.83' N..........  74[deg]45.57' W.
SGA15...............  37[deg]4.43' N..........  74[deg]41.03' W.
SGA16...............  37[deg]3.5' N...........  74[deg]40.39' W.
SGA17...............  37[deg] N...............  74[deg]43' W.
SGA18...............  37[deg] N...............  75[deg]3' W.
SGA19...............  38[deg] N...............  74[deg]23' W.
SGA20...............  39[deg]20' N............  72[deg]53' W.
SGA1................  39[deg]20' N............  72[deg]37' W.
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[FR Doc. 2016-27020 Filed 11-8-16; 8:45 am]
 BILLING CODE 3510-22-P