[Federal Register Volume 85, Number 34 (Thursday, February 20, 2020)]
[Proposed Rules]
[Pages 9717-9720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03281]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.: 200212-0054]
RIN 0648-BI31


Fisheries of the Northeastern United States; Atlantic Deep-Sea 
Red Crab Fishery; 2020-2023 Atlantic Deep-Sea Red Crab Specifications

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

ACTION: Proposed specifications; request for comments.

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

SUMMARY: We are proposing specifications for the 2020 Atlantic deep-sea 
red crab fishery, including an annual catch limit and total allowable 
landings limit, projected quotas for

[[Page 9718]]

2021-2023, and a clarification to the specifications process. The 
proposed action is intended to establish the allowable 2020 harvest 
levels, consistent with the Atlantic Deep-Sea Red Crab Fishery 
Management Plan. This action is necessary to establish allowable red 
crab harvest levels that will prevent overfishing.

DATES: Comments must be received on or before March 6, 2020.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2020-0007, 
by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2020-0007, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Michael Pentony, Regional 
Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55 
Great Republic Drive, Gloucester, MA 01930.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publically accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Copies of the specifications document, including the Regulatory 
Flexibility Act Analysis and other supporting documents for the 
specifications, are available from Thomas A. Nies, Executive Director, 
New England Fishery Management Council, 50 Water Street, Mill 2, 
Newburyport, MA 01950 or at https://www.nefmc.org/management-plans/red-crab. The specifications document is also accessible via the internet 
at: https://www.greateratlantic.fisheries.noaa.gov/.

FOR FURTHER INFORMATION CONTACT: Allison Murphy, Fishery Policy 
Analyst, (978) 281-9122.

SUPPLEMENTARY INFORMATION: 

Background

    The Atlantic deep-sea red crab fishery is managed by the New 
England Fishery Management Council. The Atlantic Deep-Sea Red Crab 
Fishery Management Plan (FMP) includes a specification process that 
requires the Council to recommend, on a triennial basis, an acceptable 
biological catch (ABC), an annual catch limit (ACL), and total 
allowable landings (TAL). The Council's Scientific and Statistical 
Committee (SSC) provides a recommendation to the Council for the ABC. 
The Council makes a recommendation to us that cannot exceed the ABC 
recommendation of its SSC.
    The Council's recommendations must include supporting documentation 
concerning the environmental, economic, and social impacts of the 
recommendations. We are responsible for reviewing these recommendations 
to ensure that they achieve the FMP objectives and are consistent with 
all applicable laws. Following this review, we then publish proposed 
specifications in the Federal Register. After considering public 
comment, we will publish final specifications in the Federal Register.
    The FMP was implemented in 2002 and was originally managed under a 
target total allowable catch (TAC) and days-at-sea (DAS) system that 
allocated DAS equally across the small fleet of limited access 
permitted vessels. Amendment 3 to the FMP removed a trip limit 
restriction, and replaced the target TAC and DAS allocation with a 
catch limit structure consistent with the ACL and accountability 
measure requirements of the Magnuson-Stevens Fishery Conservation and 
Management Act. Under Amendment 3 (76 FR 60379; September 29, 2011), 
the 2011-2013 red crab specifications were set with an ABC equal to the 
long-term average landings of the directed red crab fishery (1,775 
metric tons (mt)). These specifications were continued for fishing 
years 2014-2016 (79 FR 24356; April 30, 2014) and 2017-2019 (82 FR 
11322, February 22, 2017; 83 FR 4849, February 2, 2018; 83 FR 66161, 
December 26, 2018).

Proposed Specifications

    The biological and management reference points currently in the FMP 
are used to determine whether overfishing is occurring or if the stock 
is overfished. There is insufficient information on the species to 
establish the maximum sustainable yield, optimum yield, or overfishing 
limit (OFL). ABC is defined in terms of landings instead of total catch 
because there is insufficient information to estimate dead discards of 
red crab.
    The Council's recommendation for the 2020-2023 red crab 
specifications are based on the results of the most recent peer-
reviewed assessment of the red crab fishery carried out by the Data 
Poor Stocks Working Group in 2009 and the recommendations of the 
Council's SSC. The recommended specifications include a 12.7-percent 
increase for 2020-2023 when compared to the previous specifications. 
While an OFL has not been determined for the stock, the Council and its 
SSC assert that the increased catch limit will not result in 
overfishing and adequately accounts for scientific uncertainty due to 
past performance of underharvesting past specifications.
    Recent landings, landing per unit of effort, port samples, discard 
information, and economic data suggest there has been no change in the 
size of the red crab stock since Amendment 3 was implemented in 2011. 
On August 21, 2019, the SSC recommended a 2,000-mt ABC for fishing 
years 2020-2023 for the directed fishery. The Council approved the 
2,000-mt ABC, ACL, and TAL on September 24, 2019. We are proposing the 
Council-recommended specifications for fishing year 2020. By providing 
projected quotas for 2021-2023, we hope to assist fishery participants 
in planning ahead.
    At the end of each fishing year, we evaluate catch information and 
determine if the quota has been exceeded. If a quota is exceeded, the 
regulations at 50 CFR 648.262(b) require a pound-for-pound reduction in 
a subsequent fishing year, through notification consistent with the 
Administrative Procedure Act. We would publish a notice in the Federal 
Register of any revisions to the projected specifications if an overage 
occurs. We expect, based on the performance of the red crab fishery 
over time, that such adjustments would be unlikely. Current fishery 
projections indicate that no adjustment would be necessary for fishing 
year 2020. We will provide notice of the final 2021-2023 quotas prior 
to the start of each respective fishing year.

Proposed Clarifications

    We are proposing the following clarifications to specifications 
regulations based on Council recommendations. First, we are proposing 
to change the red crab specifications cycle from 3 to 4 years. The 
Northeast Region Coordinating Council (NRCC), consisting of the New 
England and Mid-Atlantic Councils, the Atlantic States Marine Fisheries 
Commission, and NMFS Greater Atlantic Regional Fisheries Office and 
Northeast Fisheries Science Center recently developed a stock 
assessment prioritization process to identify assessment needs and 
schedule stock

[[Page 9719]]

assessments. In 2018, the NRCC unanimously approved a new assessment 
process that changed the frequency of assessments for many stocks. 
Because of its low level of biological information, relatively low 
economic value, and lower biological vulnerability, and because of 
constraints on scientific resources, the NRCC changed the Atlantic 
deep-sea red crab assessment from a 3-year to a 4-year assessment 
cycle. Consequently, the Council sought to align the specifications 
cycle with the new 4-year assessment cycle. Thus, this action proposes 
specification for 4 years.
    Second, under the authority of section 305(d) to the Magnuson-
Stevens Act, in compliance with Executive Order 13771, and at the 
recommendation of the Council, we are proposing to remove the 
requirements for the Red Crab Plan Development Team (PDT) to meet 
annually and for the Red Crab Committee to meet before forwarding 
actions to the Council. Requiring the PDT to meet annually to review 
the status of the fishery is duplicative and unnecessary. We must 
monitor fishery catch throughout the year to determine if an 
accountability measure is necessary. Accountability measures for the 
fishery require that we close the directed fishery if the TAL has been 
harvested and implement a pound-for-pound reduction in a subsequent 
fishing year if an overage occurs, through notification consistent with 
the Administrative Procedure Act. We would publish a notice in the 
Federal Register of any revisions to these proposed specifications if 
an overage occurs. Requiring the PDT to review this information would 
duplicate NMFS effort. Additionally, for the past several 
specifications cycles, the PDT has forwarded recommendations directly 
to the Council and no Red Crab Committee has met. This rule proposes to 
streamline the Council process by removing the requirement for the Red 
Crab Committee to meet.

Classification

    Pursuant to section 304(b)(1)(A) of the Act, the NMFS Assistant 
Administrator has determined that this proposed rule is consistent with 
the Atlantic Deep-Sea Red Crab FMP, other provisions of the Magnuson-
Stevens Act, and other applicable law, subject to further consideration 
after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This proposed rule is not an Executive Order 13771 regulatory 
action because this rule is not significant under Executive Order 
13866.
    The Chief Counsel for Regulation, Department of Commerce, certified 
to the Chief Counsel for Advocacy of the Small Business Administration 
(SBA) that this proposed rule, if adopted, would not have a significant 
economic impact on a substantial number of small entities. The Council 
prepared an analysis of the potential economic impacts of this action, 
which is included in the Council's document for this action (see 
ADDRESSES to obtain a copy of the supplemental information report) and 
supplemented by information contained in the preamble of this proposed 
rule. For Regulatory Flexibility Act (RFA) purposes only, NMFS has 
established a small business size standard for businesses, including 
their affiliates, whose primary industry in commercial fishing (see 50 
CFR part 200). A business primarily engaged in commercial fishing 
(NAICS code 11411) is classified as a small business if it is 
independently owned and operated, is not dominant in its field of 
operation (including its affiliates), and has combined annual receipts 
not in excess of $11 million for all its affiliated operations 
worldwide. Using this definition, there are two distinct ownership 
entities and four fishing vessels based on available permit data that 
are directly regulated by this action. As there are only two business 
entities, the degree of ownership is not known. A review of revenue 
data from 2016-2018 indicates that the total value of landings of red 
crab and other species over the last 3 years averaged $3.47 million, so 
it is safe to assume that all business entities in the harvesting 
sector can be categorized as small businesses for purpose of the RFA.
    There is no reason to believe small entities will be substantially 
affected by the proposed action. The proposed action will affect both 
business entities and the four vessels that participate in the directed 
red crab fishery, but it is not expected to have any negative impact on 
the gross or average revenues for the fishery because it increases the 
quota by 12.7 percent. In addition, this quota is substantially higher 
than landings in recent years (fishing years 2016 through 2018 landings 
averaged 1,494 mt (3.29 million lb)). As a result, the proposed action 
is not expected to constrain landings markets for red crab and is not 
expected to have a significant economic impact on a substantial number 
of small entities.
    As a result, an initial regulatory flexibility analysis is not 
required and none has been prepared.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: February 12, 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 648 is 
proposed to be 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.  648.260, revise paragraphs (a) introductory text, (a)(1) 
through (3), and (b) to read as follows:


Sec.  648.260   Specifications.

    (a) Review and specifications process. The Council, the Red Crab 
Plan Development Team (PDT), and the Red Crab Advisory Panel shall 
monitor the status of the red crab fishery and resource.
    (1) The Red Crab PDT shall meet at least once every 4 years, or as 
directed by the Council, to review Stock Assessment reports and 
generate a Fishery Evaluation (SAFE) Report, described in paragraph (b) 
of this section, to review the status of the stock and the fishery. 
Based on such review, the PDT shall provide a report to the Council on 
any changes or new information about the red crab stock and/or fishery, 
and it shall recommend whether the specifications for the upcoming 
year(s) need to be modified. At a minimum, this review shall include a 
review of at least the following data, if available: Commercial catch 
data; current estimates of fishing mortality and catch-per-unit-effort 
(CPUE); discards; stock status; recent estimates of recruitment; 
virtual population analysis results and other estimates of stock size; 
sea sampling, port sampling, and survey data or, if sea sampling data 
are unavailable, length frequency information from port sampling and/or 
surveys; impact of other fisheries on the mortality of red crabs; and 
any other relevant information.
    (2) If new and/or additional information becomes available, the Red 
Crab PDT shall consider it during this review. Based on this review, 
the Red Crab PDT shall provide guidance to the Council regarding the 
need to adjust measures in the Red Crab FMP to better achieve the FMP's 
objectives. After considering guidance, the Council may submit to NMFS 
its recommendations for changes to management measures, as appropriate, 
through the specifications process described in this section, the

[[Page 9720]]

framework process specified in Sec.  648.261, or through an amendment 
to the FMP.
    (3) Based on the review, described above, and/or the SAFE Report 
described in paragraph (b) of this section, recommendations for 
acceptable biological catch (ABC) from the Scientific and Statistical 
Committee (SSC), and any other relevant information, the Red Crab PDT 
shall recommend to the Council the following specifications for harvest 
of red crab: An annual catch limit (ACL) set less than or equal to ABC; 
and total allowable landings (TAL) necessary to meet the objectives of 
the FMP in each red crab fishing year, specified for a period of up to 
4 fishing years.
* * * * *
    (b) SAFE Report. (1) The Red Crab PDT shall prepare a SAFE Report 
at least every 4 yr. Based on the SAFE Report, the Red Crab PDT shall 
develop and present to the Council recommended specifications as 
defined in paragraph (a) of this section for up to 4 fishing years. The 
SAFE Report shall be the primary vehicle for the presentation of all 
updated biological and socio-economic information regarding the red 
crab fishery. The SAFE Report shall provide source data for any 
adjustments to the management measures that may be needed to continue 
to meet the goals and objectives of the FMP.
    (2) In any year in which a SAFE Report is not completed by the Red 
Crab PDT, the review process described in paragraph (a) of this section 
shall be used to recommend any necessary adjustments to specifications 
and/or management measures in the FMP.

[FR Doc. 2020-03281 Filed 2-19-20; 8:45 am]
 BILLING CODE 3510-22-P