81_FR_78945 81 FR 78728 - Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Scup Fishery; Framework Adjustment 9

81 FR 78728 - Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Scup Fishery; Framework Adjustment 9

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 217 (November 9, 2016)

Page Range78728-78731
FR Document2016-27020

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.

Federal Register, Volume 81 Issue 217 (Wednesday, November 9, 2016)
[Federal Register Volume 81, Number 217 (Wednesday, November 9, 2016)]
[Rules and Regulations]
[Pages 78728-78731]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27020]


=======================================================================
-----------------------------------------------------------------------

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.

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

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

BILLING CODE 3510-22-C
    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
------------------------------------------------------------------------
        Point                 Latitude                  Longitude
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-27020 Filed 11-8-16; 8:45 am]
 BILLING CODE 3510-22-P



                                                78728            Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Rules and Regulations

                                                1995). Before promulgating a NHTSA                       PART 571—FEDERAL MOTOR                                DEPARTMENT OF COMMERCE
                                                rule for which a written statement is                    VEHICLE SAFETY STANDARDS
                                                needed, section 205 of the UMRA                                                                                National Oceanic and Atmospheric
                                                generally requires the agency to identify                ■ 1. The authority citation for part 571              Administration
                                                and consider a reasonable number of                      of Title 49 continues to read as follows:
                                                regulatory alternatives and adopt the                                                                          50 CFR Part 648
                                                least costly, most cost-effective, or least                Authority: 49 U.S.C. 322, 30111, 30115,
                                                                                                         30117, and 30166; delegation of authority at          [Docket No. 160615524–6999–02]
                                                burdensome alternative that achieves
                                                                                                         49 CFR 1.95.                                          RIN 0648–BG13
                                                the objectives of the rule. The
                                                provisions of section 205 do not apply                   ■ 2. Amend § 571.110 by revising S4.1
                                                when they are inconsistent with                          and S4.4.1(b) introductory text to read               Magnuson-Stevens Fishery
                                                applicable law. Moreover, section 205                                                                          Conservation and Management Act
                                                                                                         as follows:
                                                allows the agency to adopt an                                                                                  Provisions; Fisheries of the
                                                alternative other than the least costly,                 § 571.110 Tire selection and rims and                 Northeastern United States; Scup
                                                most cost-effective, or least burdensome                 motor home/recreation vehicle trailer load            Fishery; Framework Adjustment 9
                                                alternative if the agency publishes with                 carrying capacity information for motor
                                                                                                         vehicles with a GVWR of 4,536 kilograms               AGENCY:  National Marine Fisheries
                                                the final rule an explanation of why that                                                                      Service (NMFS), National Oceanic and
                                                                                                         (10,000 pounds) or less.
                                                alternative was not adopted.                                                                                   Atmospheric Administration (NOAA),
                                                                                                         *      *     *      *     *                           Commerce.
                                                   This final rule would not result in any
                                                expenditure by State, local, or tribal                      S4.1 General (a) Subject to the                    ACTION: Final rule.
                                                governments or the private sector of                     exceptions set forth in S4.1(b), vehicles
                                                more than $100 million, adjusted for                     shall be equipped with tires that meet                SUMMARY:   This action changes the
                                                inflation.                                               the requirements of § 571.139.                        southern and eastern boundaries of the
                                                                                                            (b) Notwithstanding the requirement                Southern Gear Restricted Area, as
                                                I. National Environmental Policy Act                                                                           recommended by the Mid-Atlantic
                                                                                                         in S4.1(a),
                                                                                                                                                               Fishery Management Council. This rule
                                                  NHTSA has analyzed this rulemaking                        (1) Passenger cars may be equipped                 is intended to increase access to
                                                action for the purposes of the National                  with pneumatic T-type temporary spare                 traditional squid fishing areas, while
                                                Environmental Policy Act. The agency                     tire assemblies that meet the                         maintaining protection for juvenile
                                                has determined that implementation of                    requirements of § 571.109 or non-                     scup.
                                                this action would not have any                           pneumatic spare tire assemblies that
                                                significant impact on the quality of the                                                                       DATES:  Effective December 9, 2016.
                                                                                                         meet the requirements of § 571.129 and
                                                human environment.                                       S6 and S8 of this standard. Passenger                 ADDRESSES:   Copies of the Scup Gear
                                                                                                                                                               Restricted Area Modification
                                                J. Regulation Identifier Number (RIN)                    cars equipped with a non-pneumatic
                                                                                                                                                               Framework, including the draft
                                                                                                         spare tire assembly shall also meet the
                                                  The Department of Transportation                                                                             Environmental Assessment, and the
                                                                                                         requirements of S4.3(e), S5, and S7 of
                                                assigns a regulation identifier number                                                                         Regulatory Impact Review prepared by
                                                                                                         this standard.                                        the Mid-Atlantic Fishery Management
                                                (RIN) to each regulatory action listed in
                                                the Unified Agenda of Federal                               (2) Trailers may be equipped with ST               Council in support of this action are
                                                Regulations. The Regulatory Information                  tires, FI tires, or tires with a rim                  available from Dr. Christopher Moore,
                                                Service Center publishes the Unified                     diameter code of 12 or below that meet                Executive Director, Mid-Atlantic
                                                Agenda in April and October of each                      the requirements of § 571.109 or                      Fishery Management Council, 800 North
                                                year. You may use the RIN contained in                   § 571.119.                                            State Street, Suite 201, Dover, DE 19901.
                                                the heading at the beginning of this                     *      *     *      *     *                           The supporting documents are also
                                                document to find this action in the                                                                            accessible via the Internet at: http://
                                                                                                            S4.4.1 * * *                                       www.mafmc.org/actions/scup-gear-
                                                Unified Agenda.
                                                                                                            (b) Except for trailers, in the event of           restricted-areas-framework or http://
                                                K. Privacy Act                                           rapid loss of inflation pressure with the             www.greateratlantic.fisheries.noaa.gov/
                                                                                                         vehicle traveling in a straight line at a             sustainable/species/scup/index.html.
                                                  Anyone is able to search the                           speed of 97 km/h (60 mph), retain the                 FOR FURTHER INFORMATION CONTACT:
                                                electronic form of all comments
                                                                                                         deflated tire until the vehicle can be                Emily Gilbert, Fishery Policy Analyst,
                                                received into any of our dockets by the
                                                                                                         stopped with a controlled braking                     phone: 978–281–9244; email:
                                                name of the individual submitting the
                                                                                                         application.                                          Emily.Gilbert@noaa.gov.
                                                comment (or signing the comment, if
                                                submitted on behalf of an association,                   *      *     *      *     *                           SUPPLEMENTARY INFORMATION:
                                                business, labor union, etc.). You may                      Issued on November 3, 2016 in                       Background
                                                review DOT’s complete Privacy Act                        Washington, DC, under authority delegated
                                                Statement in the Federal Register                                                                                Scup (Stenotomus chrysops) is
                                                                                                         in 49 CFR 1.95 and 501.5.
                                                published on April 11, 2000 (65 FR                                                                             managed jointly by the Mid-Atlantic
                                                                                                         Mark R. Rosekind,                                     Fishery Management Council and the
                                                19477–78).
                                                                                                         Administrator.                                        Atlantic States Marine Fisheries
                                                List of Subjects in 49 CFR Parts 571                     [FR Doc. 2016–27051 Filed 11–8–16; 8:45 am]           Commission through the Summer
jstallworth on DSK7TPTVN1PROD with RULES




                                                                                                         BILLING CODE 4910–59–P                                Flounder, Scup, and Black Sea Bass
                                                  Imports, Motor vehicle safety,                                                                               Fishery Management Plan (FMP). The
                                                Reporting and recordkeeping                                                                                    management unit specified in the FMP
                                                requirements, Tires.                                                                                           for scup is U.S. waters of the Atlantic
                                                  In consideration of the foregoing,                                                                           Ocean from 35°13.3′ N. lat. (the latitude
                                                NHTSA amends 49 CFR part 571 as                                                                                of Cape Hatteras Lighthouse, Buxton,
                                                follows:                                                                                                       NC) northward to the U.S./Canada


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                                                                 Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Rules and Regulations                                      78729

                                                border. Currently, the scup stock is not                 to the GRAs are described in those                    Final Southern GRA Modifications
                                                overfished and it is not experiencing                    actions and are not repeated here. Most
                                                overfishing.                                             often the changes were enacted to                       This action removes the southern
                                                   When scup was overfished prior to                     accommodate access for one of the                     portions of the GRA that overlap
                                                2009, the Council and NMFS                               regulated small-mesh fisheries, while                 statistical areas 631 and 632.
                                                determined that juvenile scup mortality                  still maintaining an effective level of               Additionally, this action shifts the
                                                in small-mesh fisheries (i.e., those                     protection for juvenile scup. The GRAs                eastern boundary of the Southern GRA
                                                fisheries using mesh smaller than the                    in their current forms have been in                   west, roughly following the outermost
                                                minimum size specified in the scup                       effect since 2003 (Northern GRA) and                  points of the proposed Deep-Sea Coral
                                                regulations) was highly problematic.                     2005 (Southern GRA). Scup has been                    Protection Areas (September 26, 2016,
                                                Two seasonal Gear Restricted Areas                       considered rebuilt since 2009 and is                  81 FR 66245). If approved, the Council’s
                                                (GRAs) were implemented to prohibit                      currently estimated to be approximately               pending Deep-Sea Coral Amendment
                                                vessels fishing for squid, black sea bass,               210 percent of the biomass target.                    would implement area closures that
                                                or silver hake (also known as whiting)                   Research by the Northeast Fisheries                   would further restrict access to several
                                                from using mesh smaller than the 5.0-                    Science Center suggests that minimizing               canyon areas year-round. Many of these
                                                inch (12.7-cm) minimum scup mesh                         juvenile mortality in the GRAs likely                 canyons are partially contained within
                                                size in the areas during certain times of                contributed to the recovery and                       the current boundaries of the Southern
                                                year. The GRAs were implemented in                       expansion of the scup population. This                GRA, and this action would align those
                                                2000 (May 24, 2000, 65 FR 33486) and                     action only modifies the Southern GRA.                boundaries. The current and final
                                                modified several times between 2000                      The Northern GRA remains unchanged.                   Southern GRA are shown in the figure
                                                and 2005 (December 27, 2000, 65 FR                          The background on the Council’s                    below. The updated Southern GRA
                                                81761; March 1, 2001, 66 FR 12902;                       development of this action is described               coordinates are provided in the final
                                                January 2, 2003, 68 FR 60; January 4,                    in the proposed rule and not repeated                 regulatory text.
                                                2005, 70 FR 303). Details on the changes                 here (August 18, 2016, 81 FR 55166).                  BILLING CODE 3510–22–P
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                                                78730            Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Rules and Regulations




                                                BILLING CODE 3510–22–C                                   slight increase in the availability of                   One commenter also suggested that
                                                   The Council designed these                            black sea bass in the GRA from January                NMFS and the Council continue to
                                                modifications to minimize overlap                        1–March 15. It is important to note,                  monitor the squid fishery in the
                                                between the GRA and the recommended                      however, that the amount of each stock                modified GRA area to see how the squid
                                                discrete deep-sea coral areas. The                       (by weight) currently estimated to be                 fishery benefits from these changes and
                                                eastern boundary is intended to restore                  within the GRA during the winter is                   how scup discards may be affected.
                                                access to the squid fishery in areas                     only a small fraction of the total stock              Although we do not expect this
                                                approximately 55 to 60 fathoms (100 to                   abundance. As a result, we do not                     boundary change to compromise the
                                                110 m) and deeper. The shift of the                      expect the boundary changes to                        scup stock or result in overfishing for
                                                southern boundary north is based on                      compromise the scup stock or result in                squid, black sea bass, or whiting, we
                                                analysis suggesting there are very few                                                                         agree that continued review of scup
                                                                                                         overfishing for squid, black sea bass, or
                                                scup in statistical areas 631 and 632                                                                          discards in this area is important. The
                                                                                                         whiting.
                                                from January through March. This                                                                               Council can further modify this GRA in
                                                action will marginally reduce the                        Comments and Responses                                a future framework adjustment action if
                                                amount of protection for the scup stock                                                                        available information indicates the need
                                                in return for a modest increase in squid                   We received five comments on the                    to do so.
jstallworth on DSK7TPTVN1PROD with RULES




                                                availability. The updated Southern GRA                   measures outlined in the August 18,
                                                is smaller than the current one; slightly                2016 (81 FR 55166), proposed rule. All                Changes From Proposed Rule
                                                reducing coverage of the scup estimated                  commenters expressed their support for                   The Southern GRA coordinates at
                                                to be covered by the GRA. However,                       the boundary modifications, noting the                § 648.124(a)(1) are slightly adjusted
                                                analysis shows that this change will                     importance of balancing the needs of the              from those presented in the proposed
                                                result in a modest increase in access for                squid fishing industry with the ability to            rule to remove an extraneous point and
                                                                                                                                                                                                          ER09NO16.015</GPH>




                                                the squid and whiting fisheries and a                    protect juvenile scup.                                to better align with the coordinates


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                                                                 Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Rules and Regulations                                                  78731

                                                proposed for the Deep-Sea Coral                            Dated: November 3, 2016.                            (12.7 cm) throughout the net. The
                                                Protection Areas.                                        Samuel D. Rauch III,                                  Southern Gear Restricted Area is an area
                                                                                                         Deputy Assistant Administrator for                    bounded by straight lines connecting
                                                Classification
                                                                                                         Regulatory Programs, National Marine                  the following points in the order stated
                                                   Pursuant to section 304(b)(1)(A) of the               Fisheries Service.                                    (copies of a chart depicting the area are
                                                Magnuson-Stevens Act, the Assistant                                                                            available from the Regional
                                                Administrator has determined that this                     For the reasons stated in the
                                                                                                         preamble, 50 CFR part 648 is amended                  Administrator upon request):
                                                final rule is consistent with the Summer
                                                Flounder, Scup, and Black Sea Bass                       as follows:
                                                                                                                                                                SOUTHERN GEAR RESTRICTED AREA
                                                FMP, other provisions of the Magnuson-                   PART 648—FISHERIES OF THE
                                                Stevens Act, and other applicable law.                   NORTHEASTERN UNITED STATES                              Point            Latitude              Longitude
                                                   This final rule has been determined to
                                                be not significant for purposes of                       ■ 1. The authority citation for part 648              SGA1 ....    39°20′ N ...........     72°37′ W.
                                                Executive Order 12866.                                   continues to read as follows:                         SGA2 ....    39°4.38′ N ........      72°47.22′ W.
                                                   The Chief Counsel for Regulation of                                                                         SGA3 ....    38°28.65′ N ......       73°29.37′ W.
                                                the Department of Commerce certified                         Authority: 16 U.S.C. 1801 et seq.                 SGA4 ....    38°29.72′ N ......       73°30.65′ W.
                                                to the Chief Counsel for Advocacy of the                 ■ 2. In § 648.124, revise paragraph (a)(1)            SGA5 ....    38°26.32′ N ......       73°33.44′ W.
                                                Small Business Administration during                     to read as follows:                                   SGA6 ....    38°25.08′ N ......       73°34.99′ W.
                                                the proposed rule stage that this action                                                                       SGA7 ....    38°13.15′ N ......       73°49.77′ W.
                                                would not have a significant economic                    § 648.124 Scup commercial season and                  SGA8 ....    38°13.74′ N ......       73°50.73′ W.
                                                                                                         commercial fishery area restrictions.                 SGA9 ....    38°11.98′ N ......       73°52.65′ W.
                                                impact on a substantial number of small
                                                                                                            (a) Southern Gear Restricted Area—(1)              SGA10 ..     37°29.53′ N ......       74°29.95′ W.
                                                entities. The factual basis for the
                                                                                                         Restrictions. From January 1 through                  SGA11 ..     37°29.43′ N ......       74°30.29′ W.
                                                certification was published in the                                                                             SGA12 ..     37°28.6′ N ........      74°30.6′ W.
                                                proposed rule and is not repeated here.                  March 15, all trawl vessels in the
                                                                                                         Southern Gear Restricted Area that fish               SGA13 ..     37°6.97′ N ........      74°40.8′ W.
                                                No comments were received regarding                                                                            SGA14 ..     37°5.83′ N ........      74°45.57′ W.
                                                this certification. As a result, a                       for or possess non-exempt species as                  SGA15 ..     37°4.43′ N ........      74°41.03′ W.
                                                regulatory flexibility analysis is not                   specified in paragraph (a)(2) of this                 SGA16 ..     37°3.5′ N ..........     74°40.39′ W.
                                                required and none has been prepared.                     section must fish with nets that have a               SGA17 ..     37° N ................   74°43′ W.
                                                   There are no new reporting or                         minimum mesh size of 5.0-inch (12.7-                  SGA18 ..     37° N ................   75°3′ W.
                                                recordkeeping requirements contained                     cm) diamond mesh, applied throughout                  SGA19 ..     38° N ................   74°23′ W.
                                                in any of the alternatives considered for                the codend for at least 75 continuous                 SGA20 ..     39°20′ N ...........     72°53′ W.
                                                this action.                                             meshes forward of the terminus of the                 SGA1 ....    39°20′ N ...........     72°37′ W.
                                                                                                         net. For trawl nets with codends
                                                List of Subjects in 50 CFR Part 648                      (including an extension) of fewer than   *     *      *     *       *
                                                  Fisheries, Fishing, Recordkeeping and                  75 meshes, the entire trawl net must     [FR Doc. 2016–27020 Filed 11–8–16; 8:45 am]
                                                reporting requirements.                                  have a minimum mesh size of 5.0 inches BILLING CODE 3510–22–P
jstallworth on DSK7TPTVN1PROD with RULES




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Document Created: 2016-11-09 01:39:52
Document Modified: 2016-11-09 01:39:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective December 9, 2016.
ContactEmily Gilbert, Fishery Policy Analyst, phone: 978-281-9244; email: [email protected]
FR Citation81 FR 78728 
RIN Number0648-BG13
CFR AssociatedFisheries; Fishing and Recordkeeping and Reporting Requirements

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