Federal Register / Vol. 84, No. 219 / Wednesday, November 13, 2019 / Rules and Regulations 61569 quota has been reached, or is projected notice and opportunity for public prepared for this action at: National to be reached, by filing a notification comment pursuant to the authority set Marine Fisheries Service, 55 Great with the Office of the Federal Register. forth in 5 U.S.C. 553(b)(B), because prior Republic Drive, Gloucester, MA 01930– On February 8, 2019, NMFS determined notice and opportunity for public 2276 or by calling (978) 281–9315. that the 2018–2019 commercial gillnet comment on this temporary rule is FOR FURTHER INFORMATION CONTACT: quota had been reached, and closed the unnecessary. Such procedure is Allison Murphy, Fishery Policy Analyst, commercial gillnet component for the unnecessary because the rule (978) 281–9122. remainder of the 2018–2019 fishing year implementing the commercial ACL and SUPPLEMENTARY INFORMATION: (84 FR 3723, February 13, 2019). the associated AM for the commercial NMFS’ most recent landings data for ACL reduction has already been subject Background the 2018–2019 fishing year indicate that to public notice and comment, and all Under its process for managing the commercial gillnet component that remains is to notify the public of species that are managed by both the exceeded the 585,900-lb (265,760-kg) the commercial ACL reduction. states and NMFS, the Atlantic States quota by 45,357 lb (20,573 kg). The AM Authority: 16 U.S.C. 1801 et seq. Marine Fisheries Commission makes a specified in 50 CFR 622.388(a)(1)(iii) Dated: November 6, 2019. management decision, and then states if commercial landings of king recommends that the Federal Jennifer M. Wallace, mackerel caught by run-around gillnet government enact regulations to gear exceed the commercial gillnet ACL, Acting Director, Office of Sustainable complement these measures when Fisheries, National Marine Fisheries Service. then NMFS will reduce the commercial appropriate. The Atlantic Coastal gillnet ACL in the following fishing year [FR Doc. 2019–24516 Filed 11–12–19; 8:45 am] Fisheries Cooperative Management Act by the amount of the overage. BILLING CODE 3510–22–P (16 U.S.C. 5101 et seq.) directs the The 2019–2020 commercial gillnet Federal government to support the ACL for Gulf king mackerel in the management efforts of the Commission southern zone is 575,400 lb (260,997 kg) DEPARTMENT OF COMMERCE and, to the extent the Federal (50 CFR 622.384(b)(1)(iii)(B)). The government seeks to regulate a fishing season is currently closed from National Oceanic and Atmospheric Commission species, to develop July 1, 2019, through January 20, 2020, Administration regulations that are compatible with the and will open at 6 a.m. on January 21, Commission’s Interstate Fishery 2020. The 2019–2020 fishing year runs 50 CFR Part 648 Management Plan and consistent with through June 30, 2020. [Docket No. 191023–0070] Consistent with the AM, NMFS the Magnuson-Stevens Fishery reduces the 2019–2020 commercial RIN 0648–BF43 Conservation and Management Act’s gillnet quota by the amount of the 2018– National Standards. 2019 commercial gillnet ACL overage to Fisheries of the Northeastern United Historically, Jonah crabs (Cancer 530,043 lb (240,423 kg). If king mackerel States; Jonah Crab Fishery; Interstate borealis) have been harvested as an commercial gillnet landings do not Fishery Management Plan for Jonah incidental catch in the American lobster exceed the ACL in the 2019–2020 Crab trap fishery. Lobster harvesters did not fishing year, then in the 2020–2021 target Jonah crabs but sometimes AGENCY: National Marine Fisheries retained and sold crabs caught while fishing year, the component’s Service (NMFS), National Oceanic and commercial quota will again be 575,400 lobster fishing. Eventually, the Jonah Atmospheric Administration (NOAA), crab market expanded, and lobster lb (260,997 kg) as specified in 50 CFR Commerce. 622.384(b)(1)(iii)(B). harvesters began modifying fishing ACTION: Final rule. practices to target Jonah crabs. Landings Classification have dramatically increased from nearly SUMMARY: We, the National Marine 3 million lb (1,361 mt) in 1994 to a high The Regional Administrator for the Fisheries Service, are implementing NMFS Southeast Region has determined of over 17 million lb (7,711 mt) in 2015. regulations for the Jonah crab fishery in The Commission initiated this temporary rule is necessary for the Federal waters based on Atlantic States conservation and management of Gulf management of Jonah crab out of Marine Fisheries Commission concern for its future sustainability. king mackerel and is consistent with the recommendations. This action is FMP, the Magnuson-Stevens Act, and Fishery managers became concerned by necessary to enact measures that the rapid increase in Jonah crab other applicable laws. provide stock protections to a This action is taken under 50 CFR landings, particularly because the previously unmanaged fishery. The impacts of the significantly increased 622.8(b) and 622.388(a)(1)(iii) and is action is intended to ensure exempt from review under Executive fishing pressure are not clear. There is compatibility between state and Federal no stock assessment for Jonah crab and Order 12866. Jonah crab management measures, These measures are exempt from the no biological reference points, so we do consistent with the Commission’s procedures of the Regulatory Flexibility not know whether the stock is Interstate Fishery Management Plan for Act because the temporary rule is issued overfished or if overfishing is occurring. Jonah Crab and the intent of the Atlantic without prior notice and opportunity for Managers fear that if overfishing does Coastal Fisheries Cooperative public comment. occur, that it could continue unabated, This action responds to the best Management Act. because the only regulatory protections scientific information available. The DATES: This rule is effective December for Jonah crabs are imposed by lobster NOAA Assistant Administrator for 12, 2019. fishery regulations. At present, the Fisheries (AA) finds that the need to ADDRESSES: You may request copies of Jonah crab fishery is unregulated in immediately implement this action to the Final Environmental Impact Federal waters; any unpermitted vessel reduce the commercial ACL for the Statement (FEIS), including the can fish for any amount of crabs, with fishery component that uses run-around Regulatory Impact Review (RIR) and the unlimited amounts of gear. Prior to gillnet gear constitutes good cause to Initial Regulatory Flexibility Analysis development of the Commission’s Jonah waive the requirements to provide prior (IRFA), or the Record of Decision (ROD) Crab Plan, some states attempted to VerDate Sep<11>2014 15:58 Nov 12, 2019 Jkt 250001 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\13NOR1.SGM 13NOR1 61570 Federal Register / Vol. 84, No. 219 / Wednesday, November 13, 2019 / Rules and Regulations implement some control over state of management actions. The goal of the species/jonah-crab. The Commission Jonah crab harvesters (e.g., limiting Commission’s Jonah Crab Plan is ‘‘to formally recommended that the Jonah crab harvest to those with a valid promote conservation, reduce the Secretary of Commerce implement lobster permit), but these regulations possibility of recruitment failure, and complementary Federal measures to the were often inconsistent between the allow the full utilization of the resource Jonah Crab Plan on September 8, 2015. states. The market provided some by the industry.’’ In general, the plan The Commission amended the Jonah additional stock protection. Only crabs attempted to maintain the fishery as it Crab Plan to include additional above a 5-inch (12.7-cm) carapace existed prior to approval of the plan in measures and the Secretary to include length were marketable and, thus, crabs 2015 and cap fishing effort at the 2015 those additional measures as part of the with a smaller carapace width were not levels. For example, this involved Federal rulemaking process on February harvested and returned to the sea. establishing a fishery that was limited to 8, 2017. The Commission’s American Lobster and prosecuted by lobster trap Approved Measures Management Board manages the Jonah harvesters. Shortly after the Commission crab fishery because of the link between approved the plan, the Commission This rule approves the following the lobster and Jonah crab fisheries. The initiated and approved Addenda I and measures (Table 1) which are consistent Commission approved an Interstate II, refining incidental catch limits and with the Commission’s Fishery Management Plan for Jonah claw-only measures. These documents recommendations in the Jonah Crab Crab in August 2015, following its are available on the Commission’s Plan and its addenda. Measures are public process for review and approval website at: http://www.asmfc.org/ discussed in greater detail below. Commercial Measures Jonah crab fishing in the future. lobster permitting structure is Analysis of Federal and state harvest appropriate. 1. Permitting data completed during development of Commercial non-trap lobster permit Only vessels with Federal lobster the Commission’s plan identified that holders may land an incidental amount permits can fish for and harvest Jonah all Jonah crab trap harvesters held an of Jonah crabs (meeting both the crab. As a result, there is no need to American lobster permit. In multiple incidental limit and incidental separately qualify or issue a Jonah crab- advance