[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Rules and Regulations]
[Pages 44220-44222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15144]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 200707-0182]
RIN 0648-BI28


Magnuson-Stevens Act Provisions; Fisheries of the Northeastern 
United States; Northeast Multispecies Fishery; Removal of Regulations 
Implementing the Closed Area I Hook Gear Haddock Special Access Program

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

ACTION: Final rule.

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SUMMARY: This action removes regulations that implement the Closed Area 
I Hook Gear Haddock Special Access Program. The Omnibus Essential Fish 
Habitat Amendment 2 eliminated the year-round Closed Area I, rendering 
the Closed Area I Hook Gear Haddock Special Access Program unnecessary. 
Eliminating the Closed Area I Hook Gear Haddock Special Access Program 
will reduce confusion and inconsistency with other regulations.

DATES: Effective July 22, 2020.

FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Management 
Specialist, phone: (978) 281-9232; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    In 2004, the New England Fishery Management Council established the 
Closed Area I Hook Gear Haddock Special Access Program (CAI HGH SAP) to 
provide vessels with additional opportunities in Closed Area I to 
target healthy stocks, if they followed certain gear and other 
restrictions.
    The Omnibus Essential Fish Habitat Amendment 2 (83 FR 15240, April 
9, 2018) eliminated the year-round closure of Closed Area I. The area 
once covered by Closed Area I is now open to vessels fishing with hook 
gear, with the exception of the Georges Bank Dedicated Habitat Research 
Area and the seasonal Closed Area I North Closure (February 1-April 
15). The CAI HGH SAP does not overlap with either the Georges Bank 
Dedicated Habitat Research Area or Closed Area I North Closure, and as 
such, it does not allow any activity otherwise prohibited by these 
areas. As a result, the CAI HGH SAP is unnecessary, redundant, and 
inconsistent with the changes made by the Omnibus Essential Fish 
Habitat Amendment 2 because the program provides special access to an 
area that is already open to the groundfish fleet in the time that the 
SAP is effective.
    Under section 305(d) of the Magnuson-Stevens Fishery Conservation 
and Management Act, NMFS is authorized to make changes to regulations 
that are necessary to carry out any fishery management plan or 
amendment. This action amends the regulations in Sec.  648.14, Sec.  
648.81, Sec.  648.82, and Sec.  648.85 to remove references to the CAI 
HGH SAP and makes a minor correction to a cross-reference.
    This action would not change the allocation to the Incidental Catch 
Total Allowable Catch (TAC) defined in Sec.  648.85(b)(5)(ii). Such a 
change would require a substantive change to prior New England Fishery 
Management Council allocation decisions, and it is more appropriate for 
the New England Fishery Management Council to consider these changes in 
a separate action. Accordingly, on May 29, 2020, we published the 
proposed rule for Framework Adjustment 59 to the Northeast Multispecies 
Fishery Management Plan, which would remove the allocation to the 
Incidental Catch TAC for the CAI HGH SAP (85 FR 32347).
    On December 17, 2019, NMFS published a final rule (84 FR 68798) 
prohibiting vessels from fishing with gillnet gear in the Nantucket 
Lightship and Closed Area I Closure Areas, in order to comply with a 
Federal Court order. That rulemaking did not apply to vessels fishing 
with hook gear, which is the only gear type permitted in the CAI HGH 
SAP. Therefore, this action to

[[Page 44221]]

eliminate the CAI HGH SAP is not affected by the prohibition of gillnet 
fishing in Closed Area I.

Comments and Responses

    We received one comment on the proposed rule. No substantive 
changes from the proposed rule were made as a result of this comment.
    Comment 1: One member of the public supported the simplification of 
regulations, but made the point that in doing so, we should not pose 
greater harm to fish populations or impact their future health.
    Response: We agree. This final rule simplifies and clarifies the 
regulations by removing a program that is obsolete and no longer 
functions as originally intended. Removing the regulations implementing 
the program will not change fishing behavior or distribution, and as a 
result will not have a negative effect on Northeast Multispecies 
stocks.

Classification

    The National Marine Fisheries Service (NMFS) Assistant 
Administrator has made a determination that this rule is consistent 
with section 305(d) and other provisions of the Magnuson-Stevens Act, 
and other applicable law.
    The Assistant Administrator for Fisheries, NOAA, finds good cause 
pursuant to 5 U.S.C. 553(d)(3) to waive the 30-day delayed 
effectiveness period because it would be contrary to the public 
interest.
    Under section 305(d) of the Magnuson-Stevens Fishery Conservation 
and Management Act, NMFS is authorized to make changes to regulations 
that are necessary to carry out any fishery management plan or 
amendment. This action amends the regulations in Sec.  648.14, Sec.  
648.81, Sec.  648.82, and Sec.  648.85 to remove references to the CAI 
HGH SAP and makes a minor correction to a cross-reference.
    The CAI HGH SAP regulations are being removed because they are 
obsolete, redundant, and may introduce confusion to the fishery through 
unnecessary notification and reporting requirements. Nothing in this 
action requires industry to take action to comply with the amended 
regulations, so the 30-day delayed effectiveness period is unnecessary. 
Additionally, delay of this action would leave unnecessary and 
confusing regulations and restrictions in place for longer than 
necessary, which could be detrimental to the fishery.
    For the reasons above, the 30-day delayed effectiveness period 
would undermine management objectives of the FMP and cause unnecessary 
negative economic impacts to the common pool fishery.
    This rule has been determined to be not significant for purposes of 
Executive Order 12866. This rule is an Executive Order 13771 
deregulatory action.
    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.
    This final rule contains a collection-of-information requirement 
subject to the Paperwork Reduction Action and which has been approved 
by the Office of Management and Budget under Control Number 0648-0202.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: July 8, 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 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.  648.14:
0
a. Revise paragraphs (k)(6)(ii)(B), (11)(i)(A)(4), (11)(vi), 
(12)(i)(B), and (12)(ii);
0
b. Remove paragraph (k)(12)(vi); and
0
c. Redesignate paragraph (k)(12)(vii) as (k)(12)(vi).
    The revisions read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (k) * * *
    (6) * * *
    (ii) * * *
    (B) Hook gear. Fail to comply with the restrictions on fishing and 
gear specified in Sec. Sec.  648.80(a)(3)(v), (a)(4)(v), (b)(2)(v), and 
(c)(2)(iv) if the vessel has been issued a limited access NE 
multispecies permit and fishes with hook gear in areas specified in 
Sec.  648.80(a), (b), or (c).
* * * * *
    (11) * * *
    (i) * * *
    (A) * * *
    (4) If fishing both outside and inside of the areas specified for a 
SAP under Sec.  648.85(b)(3) and (7), under a NE multispecies DAS in 
the Eastern U.S./Canada Area specified in Sec.  648.85(a)(1), fail to 
abide by the DAS and possession restrictions under Sec.  
648.85(b)(7)(v)(A)(2) through (4).
* * * * *
    (vi) Closure of the U.S./Canada Area for all persons. If fishing 
under a NE multispecies DAS or on a sector trip, declare into, enter, 
or fish in the Eastern U.S./Canada Area specified in Sec.  648.85(a)(1) 
if the area is closed under the authority of the Regional Administrator 
as described in Sec.  648.85(a)(3)(iv)(D) or (E), unless fishing in the 
Closed Area II Yellowtail Flounder/Haddock SAP specified in Sec.  
648.85(b)(3) or the Eastern U.S./Canada Haddock SAP Program specified 
in Sec.  648.85(b)(7).
    (12) * * *
    (i) * * *
    (B) If a vessel is fishing under a Category B DAS in the Closed 
Area II Yellowtail Flounder SAP specified in Sec.  648.85(b)(3), the 
Regular B DAS Program specified in Sec.  648.85(b)(6), or the Eastern 
U.S./Canada Haddock SAP specified in Sec.  648.85(b)(7), remove any 
fish caught with any gear, including dumping the contents of a net, 
except on board the vessel.
    (ii) General restrictions for vessel and operator permit holders. 
Discard legal-sized NE regulated multispecies, ocean pout, or Atlantic 
halibut while fishing under a SAP, as described in Sec. Sec.  
648.85(b)(3)(xi) or 648.85(b)(7)(v)(I).
* * * * *

0
3. In Sec.  648.81, revise paragraph (a)(5)(ii)(C) to read as follows:


Sec.  648.81  NE multispecies year-round and seasonal closed areas.

    (a) * * *
    (5) * * *
    (ii) * * *
    (C) Fishing in the CA II Yellowtail Flounder/Haddock SAP or the 
Eastern U.S./Canada Haddock SAP Program as specified in Sec.  
648.85(b)(3)(ii) or (b)(7)(ii), respectively.
* * * * *

0
4. In Sec.  648.82, revise paragraph (e)(3) to read as follows:


Sec.  648.82  Effort-control program for NE multispecies limited access 
vessels.

* * * * *
    (e) * * *
    (3) Regular B DAS Program 24-hr clock. For a vessel electing to 
fish in the Regular B DAS Program, as specified at Sec.  648.85(b)(6), 
that remains fishing under a Regular B DAS for the entire

[[Page 44222]]

fishing trip (without a DAS flip), DAS shall accrue at the rate of 1 
full DAS for each calendar day, or part of a calendar day fished. For 
example, a vessel that fished on 1 calendar day from 6 a.m. to 10 p.m. 
would be charged 24 hr of Regular B DAS, not 16 hr; a vessel that left 
on a trip at 11 p.m. on the first calendar day and returned at 10 p.m. 
on the second calendar day would be charged 48 hr of Regular B DAS 
instead of 23 hr, because the fishing trip would have spanned 2 
calendar days. For the purpose of calculating trip limits specified 
under Sec.  648.86, the amount of DAS deducted from a vessel's DAS 
allocation shall determine the amount of fish the vessel can land 
legally. For a vessel electing to fish in the Regular B DAS Program, as 
specified at Sec.  648.85(b)(6), while also fishing in an area subject 
to differential DAS counting pursuant to paragraph (n)(1)(i) of this 
section, Category B DAS shall accrue at the rate described in this 
paragraph (e)(3), unless the vessel flips to a Category A DAS, in which 
case the vessel is subject to the pertinent DAS accrual restrictions of 
paragraph (n)(1) of this section for the entire trip. For vessels 
electing to fish in both the Regular B DAS Program, as specified in 
Sec.  648.85(b)(6), and in the Eastern U.S./Canada Area, as specified 
in Sec.  648.85(a), DAS counting will begin and end according to the 
DAS rules specified in Sec.  648.10(e)(5)(iv).
* * * * *


Sec.  648.85  [Amended]

0
5. In Sec.  648.85:
0
a. Remove paragraph (b)(7); and
0
b. Redesignate paragraph (b)(8) as (7).

[FR Doc. 2020-15144 Filed 7-21-20; 8:45 am]
BILLING CODE 3510-22-P