82 FR 11322 - Fisheries of the Northeastern United States; Atlantic Deep-Sea Red Crab Fishery; 2017-2019 Atlantic Deep-Sea Red Crab Specifications
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 34 (February 22, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 34 (February 22, 2017)
| Page Range | 11322-11323 | |
| FR Document | 2017-03441 |
[Federal Register Volume 82, Number 34 (Wednesday, February 22, 2017)] [Rules and Regulations] [Pages 11322-11323] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-03441] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 160920861-7168-02] RIN 0648-XE900 Fisheries of the Northeastern United States; Atlantic Deep-Sea Red Crab Fishery; 2017-2019 Atlantic Deep-Sea Red Crab Specifications AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are approving specifications for the 2017 Atlantic deep-sea red crab fishery, including an annual catch limit and total allowable landings limit. We are also projecting quotas for 2018-2019. This action is necessary to establish allowable red crab harvest levels that will prevent overfishing and allow harvesting of optimum yield. This action is intended to establish the allowable 2017 harvest levels, consistent with the Atlantic Deep-Sea Red Crab Fishery Management Plan. DATES: The final specifications for the 2017 Atlantic deep-sea red crab fishery are effective March 24, 2017, through February 28, 2018. ADDRESSES: 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. 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 these catch limits. The Council makes a recommendation to NMFS that cannot exceed the 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, and may modify them if they do not. Following this review, we then publish proposed specifications in the Federal Register (December 1, 2016; 81 FR 86687). After considering public comment, we 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 the 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 (Magnuson-Stevens Act). Amendment 3 (76 FR 60379; September 29, 2011) established status determination criteria, including an overfishing definition, and set the 2011-2013 red crab specifications with an ABC equal to the long-term average landings of the directed red crab fishery (1,775 mt). While the overfishing limit (OFL) could not be determined, the SSC concluded that ``an interim ABC based on long-term average landings is safely below an overfishing threshold and adequately accounts for scientific uncertainty.'' These specifications were continued for fishing years 2014-2016 (79 FR 24356; April 30, 2014) using the same rationale. Approved 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. However, these reference points for red crab do not currently meet Magnuson-Stevens Act National Standard 1 criteria. As a result, there is insufficient information on the species to establish the maximum sustainable yield (MSY), optimum yield (OY), or OFL. ABC is defined in terms of landings instead of total catch because there is insufficient information to estimate dead discards of red crab. Recent landings, landings per unit of effort, port samples, discard [[Page 11323]] 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. Table 1 shows status quo specifications for the 2017 fishing year, as well as projected quotas for 2018-2019. By providing projected quotas for 2018-2019, NMFS hopes to assist fishery participants in planning ahead. Again, these specifications are not expected to result in overfishing and adequately account for scientific uncertainty. For more information on the Council's decision making process, please see the proposed rule. Table 1--2017 and Projected 2018-2019 Red Crab Specifications ------------------------------------------------------------------------ Mt Million lb ------------------------------------------------------------------------ MSY........................................... undetermined OFL........................................... undetermined OY............................................ undetermined ------------------------- ABC........................................... 1,775 3.91 ACL........................................... 1,775 3.91 TAL........................................... 1,775 3.91 ------------------------------------------------------------------------ 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 will publish a notice in the Federal Register of any revisions to these approved specifications if an overage occurs. We expect, based on the performance of the red crab fishery over time that such adjustments would be unlikely. However, we will provide notice of the 2018 and 2019 quotas prior to the start of each respective fishing year. The 2017 fishing year starts on March 1, 2017. The FMP allows for the previous year's specifications to remain in place until replaced by a subsequent specifications action. As a result, the 2016 specifications, also 1,775 mt, remain in effect until replaced by the specifications included in this final rule. Comments and Responses The public comment period for the proposed rule ended on January 3, 2017. 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 is exempt from review under Executive Order 12866. 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: February 16, 2017. Alan D. Risenhoover, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2017-03441 Filed 2-21-17; 8:45 am] BILLING CODE 3510-22-P
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SUPPLEMENTARY INFORMATION: DEPARTMENT OF COMMERCE Council for these catch limits. The
Regulations governing the summer Council makes a recommendation to
flounder fishery are found in 50 CFR National Oceanic and Atmospheric NMFS that cannot exceed the
648.100 through 648.110. These Administration recommendation of its SSC.
regulations require annual specification The Council’s recommendations must
of a commercial quota that is 50 CFR Part 648 include supporting documentation
apportioned among the coastal states concerning the environmental,
[Docket No. 160920861–7168–02]
from Maine through North Carolina. The economic, and social impacts of the
RIN 0648–XE900 recommendations. We are responsible
process to set the annual commercial
for reviewing these recommendations to
quota and the percent allocated to each Fisheries of the Northeastern United ensure that they achieve the FMP
state is described in § 648.102, and the States; Atlantic Deep-Sea Red Crab objectives and are consistent with all
initial 2017 allocations were published Fishery; 2017–2019 Atlantic Deep-Sea applicable laws, and may modify them
on December 22, 2016 (81 FR 93842). Red Crab Specifications if they do not. Following this review, we
The final rule implementing AGENCY: National Marine Fisheries then publish proposed specifications in
Amendment 5 to the Summer Flounder Service (NMFS), National Oceanic and the Federal Register (December 1, 2016;
Fishery Management Plan, as published Atmospheric Administration (NOAA), 81 FR 86687). After considering public
in the Federal Register on December 17, Commerce. comment, we publish final
1993 (58 FR 65936), provided a specifications in the Federal Register.
ACTION: Final rule.
mechanism for transferring summer The FMP was implemented in 2002
flounder commercial quota from one SUMMARY: We are approving and was originally managed under a
state to another. Two or more states, specifications for the 2017 Atlantic target total allowable catch (TAC) and
deep-sea red crab fishery, including an days-at-sea (DAS) system that allocated
under mutual agreement and with the
annual catch limit and total allowable DAS equally across the small fleet of
concurrence of the NMFS Greater limited access permitted vessels.
Atlantic Regional Administrator, can landings limit. We are also projecting
quotas for 2018–2019. This action is Amendment 3 to the FMP removed the
transfer or combine summer flounder trip limit restriction, and replaced the
commercial quota under § 648.102(c)(2). necessary to establish allowable red crab
harvest levels that will prevent target TAC and DAS allocation with a
The Regional Administrator is required catch limit structure consistent with the
overfishing and allow harvesting of
to consider the criteria in ACL and accountability measure
optimum yield. This action is intended
§ 648.102(c)(2)(i)(A) through (C) in the requirements of the Magnuson-Stevens
to establish the allowable 2017 harvest
evaluation of requests for quota transfers levels, consistent with the Atlantic Fishery Conservation and Management
or combinations. Deep-Sea Red Crab Fishery Management Act (Magnuson-Stevens Act).
North Carolina is transferring 11,030 Plan. Amendment 3 (76 FR 60379; September
lb (5,003 kg) of summer flounder 29, 2011) established status
DATES: The final specifications for the
commercial quota to Virginia. This determination criteria, including an
2017 Atlantic deep-sea red crab fishery
transfer was requested by North overfishing definition, and set the 2011–
are effective March 24, 2017, through
2013 red crab specifications with an
Carolina to repay landings by a North February 28, 2018.
ABC equal to the long-term average
Carolina-permitted vessel that landed in ADDRESSES: Copies of the specifications landings of the directed red crab fishery
Virginia under a safe harbor agreement. document, including the Regulatory (1,775 mt). While the overfishing limit
The revised summer flounder quotas Flexibility Act Analysis and other (OFL) could not be determined, the SSC
for calendar year 2017 are now: North supporting documents for the concluded that ‘‘an interim ABC based
Carolina, 1,542,203 lb (699,532 kg); and specifications, are available from on long-term average landings is safely
Virginia, 1,217,402 lb (552,204 kg); Thomas A. Nies, Executive Director, below an overfishing threshold and
based on the initial quotas published in New England Fishery Management adequately accounts for scientific
Council, 50 Water Street, Mill 2, uncertainty.’’ These specifications were
the 2017 Summer Flounder, Scup, and
Newburyport, MA 01950. The continued for fishing years 2014–2016
Black Sea Bass Specifications.
specifications document is also (79 FR 24356; April 30, 2014) using the
Classification accessible via the Internet at: https:// same rationale.
www.greateratlantic.fisheries.noaa.gov/.
This action is taken under 50 CFR FOR FURTHER INFORMATION CONTACT: Approved Specifications
part 648 and is exempt from review Allison Murphy, Fishery Policy Analyst, The biological and management
under Executive Order 12866. (978) 281–9122. reference points currently in the FMP
Authority: 16 U.S.C. 1801 et seq. SUPPLEMENTARY INFORMATION: are used to determine whether
overfishing is occurring or if the stock
Dated: February 15, 2017. Background is overfished. However, these reference
Karen H. Abrams, The Atlantic deep-sea red crab fishery points for red crab do not currently meet
Acting Director, Office of Sustainable is managed by the New England Fishery Magnuson-Stevens Act National
Fisheries, National Marine Fisheries Service. Management Council. The Atlantic Standard 1 criteria. As a result, there is
[FR Doc. 2017–03379 Filed 2–21–17; 8:45 am] Deep-Sea Red Crab Fishery Management insufficient information on the species
BILLING CODE 3510–22–P Plan (FMP) includes a specification to establish the maximum sustainable
sradovich on DSK3GMQ082PROD with RULES
process that requires the Council to yield (MSY), optimum yield (OY), or
recommend, on a triennial basis, an OFL. ABC is defined in terms of
acceptable biological catch (ABC), an landings instead of total catch because
annual catch limit (ACL), and total there is insufficient information to
allowable landings (TAL). The Council’s estimate dead discards of red crab.
Scientific and Statistical Committee Recent landings, landings per unit of
(SSC) provides a recommendation to the effort, port samples, discard
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![Federal Register / Vol. 82, No. 34 / Wednesday, February 22, 2017 / Rules and Regulations 11323
information, and economic data suggest a pound-for-pound reduction in a Assistant Administrator has determined
there has been no change in the size of subsequent fishing year, through that this final rule is consistent with the
the red crab stock since Amendment 3 notification consistent with the Atlantic Deep-Sea Red Crab FMP, other
was implemented in 2011. Table 1 Administrative Procedure Act. We will provisions of the Magnuson-Stevens
shows status quo specifications for the publish a notice in the Federal Register Act, and other applicable law.
2017 fishing year, as well as projected of any revisions to these approved This final rule is exempt from review
quotas for 2018–2019. By providing specifications if an overage occurs. We under Executive Order 12866.
projected quotas for 2018–2019, NMFS expect, based on the performance of the
hopes to assist fishery participants in red crab fishery over time that such The Chief Counsel for Regulation,
planning ahead. Again, these adjustments would be unlikely. Department of Commerce, certified to
specifications are not expected to result However, we will provide notice of the the Chief Counsel for Advocacy of the
in overfishing and adequately account 2018 and 2019 quotas prior to the start Small Business Administration (SBA)
for scientific uncertainty. For more of each respective fishing year. during the proposed rule stage that this
information on the Council’s decision The 2017 fishing year starts on March action would not have a significant
making process, please see the proposed 1, 2017. The FMP allows for the economic impact on a substantial
rule. previous year’s specifications to remain number of small entities. The factual
in place until replaced by a subsequent basis for the certification was published
TABLE 1—2017 AND PROJECTED specifications action. As a result, the in the proposed rule and is not repeated
2016 specifications, also 1,775 mt, here. No comments were received
2018–2019 RED CRAB SPECIFICA-
remain in effect until replaced by the regarding this certification. As a result,
TIONS
specifications included in this final a regulatory flexibility analysis was not
Mt Million lb rule. required and none was prepared.
Comments and Responses This action does not contain a
MSY .................. undetermined collection of information requirement
OFL ................... undetermined The public comment period for the for purposes of the Paperwork
OY ..................... undetermined proposed rule ended on January 3, 2017. Reduction Act.
No comments were received on the
ABC .................. 1,775 3.91 proposed rule. Authority: 16 U.S.C. 1801 et seq.
ACL ................... 1,775 3.91
Changes From the Proposed Rule Dated: February 16, 2017.
TAL ................... 1,775 3.91
Alan D. Risenhoover,
There are no changes from the
At the end of each fishing year, we proposed rule. Acting Deputy Assistant Administrator for
evaluate catch information and Regulatory Programs, National Marine
determine if the quota has been Classification Fisheries Service.
exceeded. If a quota is exceeded, the Pursuant to section 304(b)(1)(A) of the [FR Doc. 2017–03441 Filed 2–21–17; 8:45 am]
regulations at 50 CFR 648.262(b) require Magnuson-Stevens Act, the NMFS BILLING CODE 3510–22–P
sradovich on DSK3GMQ082PROD with RULES
VerDate Sep<11>2014 18:04 Feb 21, 2017 Jkt 241001 PO 00000 Frm 00025 Fmt 4700 Sfmt 9990 E:\FR\FM\22FER1.SGM 22FER1](https://thefederalregister.org/doc/82_FR_11356/page/2.svg)
Document Created: 2017-02-22 00:08:24
Document Modified: 2017-02-22 00:08:24
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | The final specifications for the 2017 Atlantic deep-sea red crab fishery are effective March 24, 2017, through February 28, 2018. | |
| Contact | Allison Murphy, Fishery Policy Analyst, (978) 281-9122. | |
| FR Citation | 82 FR 11322 | |
| RIN Number | 0648-XE90 |
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