[Federal Register Volume 85, Number 72 (Tuesday, April 14, 2020)]
[Rules and Regulations]
[Pages 20615-20617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07276]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 200402-0097]
RIN 0648-BI31


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

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

ACTION: Final specifications.

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SUMMARY: We are approving specifications for the 2020 Atlantic deep-sea 
red crab fishery, including an annual catch limit and total allowable 
landings limit and are clarifying the specifications process. This 
action establishes 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: The final specifications for the 2020 Atlantic deep-sea red crab 
fishery

[[Page 20616]]

are effective May 14, 2020, through February 28, 2021.

ADDRESSES: Copies of the supplemental environmental assessment, 
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/library/2020-2023-red-crab-specifications.

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 (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.

Final 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. The ABC is defined in terms of landings instead of total catch 
because there is insufficient information to estimate dead discards of 
red crab. We are approving the Council recommended specifications for 
the 2020 fishing year that establish a 2,000-mt ABC, ACL, and TAL.
    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 of 
the quota in a subsequent fishing year. We would publish a notice in 
the Federal Register of any revisions to the projected specifications 
if an overage occurs. Based on the performance of the 2019 red crab 
fishery, no adjustment are necessary for fishing year 2020. We will 
provide notice of the final 2021-2023 quotas and any necessary 
reductions prior to the start of each respective fishing year.

Regulatory Clarifications

    We are making two regulatory clarifications based on Council 
recommendations. First, we are changing the red crab specifications 
cycle from 3 to 4 years. The Northeast Region Coordinating Council, 
consisting of the New England and Mid-Atlantic Fishery Management 
Councils, the Atlantic States Marine Fisheries Commission, NMFS Greater 
Atlantic Regional Fisheries Office, and Northeast Fisheries Science 
Center, changed the Atlantic deep-sea red crab assessment from a 3-year 
to a 4-year cycle. Consequently, the Council sought to align the 
specifications cycle with the new 4-year assessment cycle. This rule 
approves changing the specifications cycle to 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 removing 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. 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. This rule 
proposes to streamline the Council process by removing the requirement 
for the Red Crab Committee to meet.

Comments and Responses

    The public comment period for the proposed rule (85 FR 9717; 
February 20, 2020) ended on March 6, 2020. No comments were received on 
the proposed rule.

Changes From the Proposed Rule

    There are no changes from the proposed rule.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this final rule is 
consistent with the Atlantic Deep-Sea Red Crab 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.
    This final rule is considered an Executive Order 13771 deregulatory 
action.
    The Chief Counsel for Regulation, Department of Commerce, certified 
to the Chief Counsel for Advocacy of the Small Business Administration 
(SBA) 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 was not 
required and none was prepared.
    This action does not contain a collection of information 
requirement for purposes of the Paperwork Reduction Act.

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

    Dated: April 2, 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 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:
0
a. Revise paragraph (a) introductory text, paragraphs (a)(1) through 
(3);
0
b. Remove the paragraph heading from paragraph (a)(6); and
0
c. Revise paragraph (b).
    The revisions 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

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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 
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 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 years. 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. 2020-07276 Filed 4-13-20; 8:45 am]
 BILLING CODE 3510-22-P