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PART 779—THE FAIR LABOR of the collection-of-information occurred over several meetings of STANDARDS ACT AS APPLIED TO requirements contained in this final rule Council’s Habitat Plan Development RETAILERS OF GOODS OR SERVICES may be submitted to the Greater Atlantic Team, Committee, and the full Council. Regional Fisheries Office (GARFO) and The Council took final action at its ■ 1. The authority citation for part 779 by email to OIRA_Submission@ December 2018 meeting selecting continues to read as follows: omb.eop.gov, or fax to (202) 395–7285. preferred alternatives and approving the Authority: Secs. 1–19, 52 Stat. 1060, as FOR FURTHER INFORMATION CONTACT: action for submission to NMFS. The amended; 75 Stat. 65; Sec. 29(B), Pub. L. 93– Douglas Potts, Fishery Policy Analyst, Magnuson-Stevens Fishery 259, 88 Stat 55; 29 U.S.C. 201–219. 978–281–9341. Conservation and Management Act SUPPLEMENTARY INFORMATION: (Magnuson-Stevens Act) allows NMFS § 779.317 [Removed and Reserved] to approve, partially approve, or ■ 2. Remove and reserve § 779.317. Background disapprove measures proposed by the Council based on whether the measures § 779.320 [Removed and Reserved] The Great South Channel Habitat Management Area (GSC HMA) was are consistent with the Fishery ■ 3. Remove and reserve § 779.320. created by the final rule to implement Management Plans (FMPs), the [FR Doc. 2020–10250 Filed 5–18–20; 8:45 am] the New England Fishery Management Magnuson-Stevens Act and its National BILLING CODE 4510–27–P Council’s Omnibus Habitat Amendment Standards, and other applicable law. 2 (OHA2) (83 FR 15240; April 9, 2018). NMFS generally defers to the Council’s The use of all mobile bottom-tending policy choices unless there is a clear DEPARTMENT OF COMMERCE fishing gear is prohibited in the GSC inconsistency with the law or the FMP. HMA. The GSC HMA contains complex A proposed rule detailing National Oceanic and Atmospheric benthic habitat that is important for implementing regulations for this Administration juvenile cod and other fish species, and framework was published on September it is susceptible to the adverse impacts 17, 2019 (84 FR 48899), with a comment 50 CFR Part 648 of fishing gear. The OHA2 included a 1- period open through October 17, 2019. In response to a request by the Council, [Docket No. 200512–0134] year delay of the mobile gear closure that allowed the surfclam fishery to the comment period was reopened RIN 0648–BI77 continue fishing with hydraulic clam November 4, 2019, through November dredges in the area. This delay was 18, 2019. In total, 68 comments were Fisheries of the Northeastern United intended to give the Council time to submitted on the proposed measures States; Habitat Clam Dredge determine if a long-term exemption is and are discussed below in the Exemption Framework warranted. The 1-year delay ended on Comments and Responses section. AGENCY: National Marine Fisheries April 9, 2019, and the GSC HMA is now Final Measures Service (NMFS), National Oceanic and closed to all mobile bottom-tending This action implements three dredge Atmospheric Administration (NOAA), fishing gear, including clam and mussel exemption areas (McBlair, Old South, Commerce. dredges. and Fishing Rip) within the GSC HMA ACTION: Final rule. The Council initiated the Habitat Clam Dredge Exemption Framework where vessels can fish for surfclams or SUMMARY: NMFS approves and Adjustment in 2015 as a trailing action blue mussels. Tables 1 through 3 implements the New England Fishery to OHA2. Development of the contain the coordinates for the new Management Council’s Habitat Clam framework was guided by a problem exemption areas. These areas are Dredge Exemption Framework statement approved by the Council in illustrated in Figure 1. Each area is Adjustment to its Fishery Management October 2015: defined by the following points Plans. This action establishes three connected in the order listed by straight The Council intends through this action to lines. areas within the Great South Channel identify areas within the Great South Habitat Management Area where vessels Channel and Georges Shoal Habitat may fish for Atlantic surfclams or blue Management Areas that are currently fished TABLE 1—COORDINATES FOR MCBLAIR mussels with dredge gear. This action is or contain high energy sand and gravel that DREDGE EXEMPTION AREA intended to provide the fishing industry could be suitable for a hydraulic clam access to part of the surfclam and blue dredging exemption that balances achieving Point Longitude Latitude mussel resource within the Habitat optimum yield for the surfclam/ocean quahog fishery with the requirement to 1 ...... 69°49.255′ W 41°25.878′ N Management Area while balancing the minimize adverse fishing effects on habitat to 2 ...... 69°46.951′ W 41°25.878′ N Council’s habitat conservation the extent practicable and is consistent with 3 ...... 69°46.951′ W 41°19.34′ N objectives. the underlying objectives of [OHA2]. 4 ...... 69°49.187′ W 41°19.34′ N 1 ...... 69°49.255′ W 41°25.878′ N DATES: Effective June 18, 2020. In the final stages of OHA2 ADDRESSES: An environmental development, the Council was also assessment (EA) has been prepared for approached by parties interested in TABLE 2—COORDINATES FOR OLD this action that provides an analysis of developing a blue mussel dredge fishery SOUTH DREDGE EXEMPTION AREA the impacts of the measures and in the GSC HMA. Currently, there is no alternatives. Copies of the EA are Federal blue mussel fishery Point Longitude Latitude available on request from Thomas Nies, management plan. NMFS disapproved the Georges Shoal 1 ...... 69°47′ W 41°15′ N Executive Director, New England ° ′ ° ′ HMA that the Council recommended in 2 ...... 69 44 W 41 15 N Fishery Management Council, 50 Water 3 ...... 69°44.22′ W 41°10.432′ N Street, Mill 2, Newburyport, MA 01950. OHA2. The dredge exemption 4 ...... 69°45′ W 41°7′ N This document are also accessible via framework became solely focused on the 5 ...... 69°47′ W 41°7′ N the internet at www.nefmc.org. GSC HMA following implementation of 6 ...... 69°47′ W 41°11′ N Written comments regarding the OHA2. Development of the Habitat 7 ...... 69°49.101′ W 41°11′ N burden-hour estimates or other aspects Clam Dredge Exemption Framework 8 ...... 69°49.116′ W 41°12.5′ N

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TABLE 2—COORDINATES FOR OLD TABLE 3—COORDINATES FOR FISHING are 6.9 percent of the total area of the SOUTH DREDGE EXEMPTION AREA— RIP DREDGE EXEMPTION AREA— HMA and do not include the areas most Continued Continued clearly identified as containing complex and vulnerable habitats. Because of the Point Longitude Latitude Point Longitude Latitude small area of this exemption, this action would not materially affect the overall 9 ...... 69°47′ W 41°12.5′ N 6 ...... 69°29.905′ W 41°1.297′ N conservation benefit of the HMA. The 1 ...... 69°47′ W 41°15′ N 7 ...... 69°32.579′ W 41°5.368′ N McBlair and Fishing Rip Dredge 8 ...... 69°31.193′ W 41°7.356′ N Exemption Areas will be open to fishing ° ′ ° ′ 1 ...... 69 28.829 W 41 10.963 N for surfclams or blue mussels year TABLE 3—COORDINATES FOR FISHING round. The Old South Dredge RIP DREDGE EXEMPTION AREA These exemption areas were chosen to Exemption Area will be open for allow limited access to historical surfclam or blue mussel fishing from Point Longitude Latitude surfclam fishing grounds that appear May 1 through October 31. Old South 1 ...... 69°28.829′ W 41°10.963′ N less vulnerable to adverse habitat will be closed to all mobile bottom- 2 ...... 69°27.106′ W 41°10.485′ N impacts from dredge gear while tending gear from November 1 through 3 ...... 69°29.311′ W 41°6.699′ N protecting the majority of the HMA from April 30 each year to avoid disturbing 4 ...... 69°27.034′ W 41°6.609′ N the adverse habitat impacts caused by spawning aggregations of cod that may 5 ...... 69°27.376′ W 41°3.198′ N dredge gear. The three exemption areas occur in the area.

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To enforce the boundaries of the small reporting requirements, using a vessel scale resolution on the location of the exemption areas, participating vessels monitoring system (VMS), and selling vessel and allow NMFS to better are required to obtain a letter of catch exclusively to a federally monitor compliance with the small authorization (LOA) from the NMFS permitted dealer. The LOA requires the exemption areas. Vessels fishing in the Regional Administrator. Similar LOAs vessel to have a NMFS-approved VMS GSC HMA will be required to use new are used to grant access to specific areas unit that is capable of transmitting the VMS trip declaration codes that allow or programs in other fisheries and may vessel’s location every 5 minutes while law enforcement to know they intend to be applied for using a common form within the GSC HMA. At all other times, fish in the GSC HMA for surfclams or available from GARFO. If a vessel the VMS unit would maintain the blue mussels. violates any of the requirements of the applicable reporting rate specified at 50 Vessels fishing for surfclams within exemption areas, the LOA may be CFR 648.10(c). A list of qualifying VMS the GSC HMA are still subject to the canceled, prohibiting future access to units is available from the NOAA Office requirements of the individual the GSC HMA. of Law Enforcement, Greater Atlantic transferable quota system and other To receive the LOA, a vessel must Region (https://www.fisheries.noaa.gov/ provisions of the surfclam regulations. hold a Federal commercial surfclam national/enforcement/noaa-fisheries- This includes restrictions on retention permit, which requires reporting each type-approved-vms-units). This rate of of other species of fish caught fishing trip consistent with existing trip position transmission will provide finer incidentally while using hydraulic clam

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dredge gear, which may depend on conservation and management within effectiveness in promoting the growth of other Federal fishing permits the vessel its jurisdiction. The Council provides a juvenile cod and other groundfish holds. public process to weigh competing species. While hydraulic dredge gear To fish for blue mussels in the GSC interests in a public resource and may primarily be used in sandy HMA, a vessel must hold a surfclam develop appropriate management sediments that can be highly dynamic, vessel permit. This permit can be measures. This process allows the a tow that occurs on more complex obtained from GARFO. By holding a Council to consider commercial and habitat can have negative impacts that surfclam permit, mussel fishing vessels recreational fishing interests and could take years or even decades to fully in the GSC HMA will be subject to conservation and management recover naturally. The relatively small reporting and monitoring requirements requirements in the Magnuson-Stevens footprint of the exemption areas that would not normally apply to Act’s National Standards when it selects implemented by this action will allow vessels fishing for blue mussels in management measures to recommend to industry some access to the surfclam Federal waters. Mussel fishing vessels NMFS. The Council selected exemption and blue mussel resource in potentially also need to obtain the new LOA and areas that appear less vulnerable to less sensitive areas compared to the vast use the appropriate VMS trip adverse habitat impacts from dredge majority of the HMA the Council declaration code for any trip in the GSC gear while protecting the majority of the designated for protection. These HMA. Mussel vessels are required to use HMA from the adverse habitat impacts exemption areas balance providing a non-hydraulic mussel dredge (also caused by dredge gear. Requirements of access, without undermining the called a dry dredge), which cannot the National Standards and the mandate conservation objectives. exceed 8 ft (2.4 m) in width. Vessels to minimize adverse impacts of fishing Comment: One lawyer representing cannot fish for, harvest, or land any on EFH are discussed in more detail in the clam industry asserts that the species of fish other than blue mussels other comments and responses below. proposed measures are not supported by on that trip. The Magnuson-Stevens Act permits the best available science. To support Any violation of permit, reporting, NMFS to approve, partially approve, or this, he cites discussions at the May monitoring, or LOA requirements for disapprove measures proposed by the 2018 meeting of the Council’s Habitat fishing in the GSC HMA would result in Council based only on whether the Committee. He asserts the Committee NMFS revoking the vessel’s LOA, which measures are consistent with the concluded there was no scientific prevents further fishing by that vessel in Magnuson-Stevens Act and its National evidence to support any restrictions on the HMA. Standards, and other applicable law. the surfclam industry in the area and Comments and Reponses Otherwise, we must defer to the that it voted to allow fishing to continue Council’s policy choices. While some in the area for another 2.5 years while We received 68 comments on the commenters may not think the measures additional data were collected. He proposed rule. The majority of were optimal, the commenters did not makes several assertions about the comments (58) opposed allowing the cite any legal deficiencies in the validity of various data sources that use of hydraulic dredge gear in the measures that would justify were available to the Council during the HMA. These comments were disapproving the Council’s action. development of this action. predominately from recreational fishing Based on its own review, and explained Response: The commenter groups, environmental groups, and in the EA and proposed and final rules, mischaracterizes the actions of the residents from Nantucket and Cape Cod. NMFS determined the measures meet Council’s Habitat Committee. Contrary Ten representatives of the surfclam and all legal requirements. Adoption of to the commenter’s statement, the May blue mussel commercial fishing these exemption areas alone does not 2018 Habitat Committee discussion was interests supported the exemption areas, increase the likelihood of future not whether to place any restrictions on but would prefer complete access to the exemptions from the requirements of the clam industry in the GSC HMA; full HMA. Specific topics raised by this HMA. Any future exemption rather, it was discussing whether to commenters are discussed below. request would need to consider grant any exemptions to surfclam Comments that express the same available information for evaluation and vessels to fish in the HMA. The position are addressed as a group. analysis of potential impacts, including difference is important, as the OHA2 Comment: The majority of comments the cumulative impacts of other actions. final rule specified that the HMA would (58) opposed the proposed measures Comment: Some of representatives of close to hydraulic dredging in April and advocated a policy of managing the surfclam industry suggest the 2019, unless the Council and NMFS natural resources for the good of the exemption areas may be too limiting specifically took action to change it. If general public, primarily through and will result in rapid localized there was insufficient scientific recreational fishing, and not just for a depletion of surfclams. These information for the Council to take any few individuals in the commercial commenters advocate for restored use of action, the default measure would go fishing industry. Commenters suggest mobile bottom-tending hydraulic clam into effect and the whole GSC HMA that no exemption should be allowed fishing throughout the entire HMA. would close and remain closed. The unless the gear used is shown to have Response: The use of dredge gear Council’s Plan Development Team had no adverse impacts to EFH. Many also throughout the HMA would likely result reviewed available information and expressed a concern that allowing in impacts beyond what could be concluded that it was unable to identify surfclam and mussel dredging in a considered minor or temporary in areas within the HMA where complex portion of the HMA would make it nature. Allowing hydraulic clam dredge habitat was absent and fishing was harder to disapprove future exemption gear to access the full HMA would be occurring that clearly lent themselves to requests from other commercial fishery counter to the Council’s stated intent for being defined as exemption areas. interests. this action because it would result in The motions approved by the Habitat Response: The Magnuson-Stevens Act more than minimal and temporary Committee at the May 2018 meeting created the Regional Fishery impacts on the habitats in the HMA. were for the Council to consider several Management Councils and tasked each These impacts could substantially new alternatives and to direct the Plan to develop fishery management plans reduce the complexity of the benthic Development Team to analyze them to for each fishery that requires habitat and reduce the HMA’s determine if they could meet the

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purpose and need for this framework describe the potential impact on of these exemption areas, the Council action. Contrary to the commenter’s Council-managed species, including sought a balance between different claims, the Committee did not endorse Atlantic cod; and (4) that potential constituencies within all of the legal any of these alternatives nor did it vote impacts to north Atlantic right whale directives involved. The likely impacts to allow surfclam harvest to continue. critical habitat should be analyzed in an of this action and of other alternatives The 2.5-year provision approved by the Endangered Species Act Section 7 the Council considered are fully Committee at that meeting was not for consultation. discussed in Section 6 of the EA. That an extension of then-current fishing Response: NMFS disagrees with CLF’s analysis indicates the Council’s levels, but rather a potential sunset assertions that the action is legally preferred alternative was better for the provision on any exemption areas. deficient, and will address each point surfclam industry than taking no action, Ultimately, the Council did not support from the comment letter separately. (1) which would leave the entire GSC HMA this sunset provision, and it was not As noted earlier in the preamble, the closed to all mobile bottom-tending included in the final Framework Council’s objectives in developing this gear, but would result in less revenue Adjustment. Framework Adjustment were to allow for the industry than the other three The Magnuson-Stevens Act National for some level of dredge fishing for action alternatives. However, some of Standard 2 states that ‘‘(fishery) surfclams within the HMA while still the lost revenue may be mitigated by conservation and management measures minimizing the adverse effects of fishing shifting fishing effort to other areas shall be based upon the best scientific to EFH, to the extent practicable. The outside of the HMA. On the other hand, information available.’’ In 2013, NMFS EA’s analyses of potential impacts on the preferred alternative would result in published amended guidance for EFH, as well as an EFH consultation more adverse impacts on EFH than no National Standard 2 and what conducted for this action, both conclude action, but less than each of the other constitutes the best scientific that there are probable adverse impacts three action alternatives considered. In information available (78 FR 43066; July on EFH, but those impacts are expected making its final decision the Council 19, 2013). We refer the commenter to to be minimal. Because this action did not select other available this document to clarify how NMFS allows for some continuation of the alternatives that would have had more designates best scientific information surfclam fishery while having minimal adverse impacts on EFH as well as available for management measures. impact on the overall habitat protected options that would have more adversely Data from clam vessel VMS units were by the HMA, this action fully meets the impacted the surfclam industry. used to identify areas where fishing purpose and need designated by the (3) The potential impacts of this recently occurred, and were Council. NMFS acknowledges there is action on Atlantic cod and other instrumental in setting the boundaries some concern about the inclusion of an managed fish species is analyzed within of the exemption areas implemented by exemption for mussel dredging. the EA. Finfish, including cod, are this action. However, evidence of However, the expected scope of mussel infrequently captured by clam dredges. fishing activity is not necessarily fishing within the exemption areas is Even with the low rates of finfish evidence of exclusively soft, sandy expected to be small. Mussel beds are bycatch in clam and mussels dredge sediment as the commenter contends. considered important habitat and the gears, it is expected that spawning The Plan Development Team was aware development of the blue mussel fishery activity could be disrupted by the noise that fishing captains actively monitor within the exemption areas and its and movement of the gear in the water. their acoustic displays and avoid what impacts on the HMA will be monitored For this reason, access was limited to they consider to be hard bottom. If large moving forward. avoid interactions with cod. For amounts of cobbles or rocks are (2) The Magnuson-Stevens Act example, access to the Old South encountered, the captain will move to requires that FMPs minimize adverse Exemption Area, the only exemption another nearby location to avoid effects on EFH caused by fishing to the area that overlaps with identified damaging their gear and having to deal extent practicable. This practicability historical cod spawning areas, is limited with lots of rocks on the deck. While requirement does not remove or replace seasonally to avoid access when these complex habitats are not preferred other Magnuson-Stevens Act spawning aggregations may be present. by vessel operators, they are requirements, including the National In addition to direct effects on fish, this encountered while using this gear and Standard 8 requirement to take into action has potential indirect effects adverse impacts to these habitats can account the importance of fishery through the impact on habitat. The occur. Available habitat information resources to fishing communities and to consideration of the impacts of EFH indicate that complex habitats can occur minimize adverse economic impacts on protection on managed fish species in throughout the HMA, but are patchy fishing communities to the extent this region is a significant focus of the and mixed with areas of less complex practicable. NMFS guidance on EA for this action as well as the sediment. As discussed in the EA, there Magnuson-Stevens Act EFH environmental impact statement (EIS) was more evidence for the presence of requirements advises that Councils for OHA2. While this action is expected complex habitat in other potential should consider the nature and extent of to have some adverse impact on EFH exemption areas that were considered the adverse effect on EFH and the long within the GSC HMA, those impacts by the Council but ultimately not and short-term costs and benefits of would be limited because the three selected. potential management measures to EFH, exemption areas are limited to 6.9 Comment: The Conservation Law associated fisheries, and the nation (67 percent of the total area of the HMA and Foundation (CLF) cited four different FR 2343, January 17, 2002). A do not include the areas most clearly factors why this action should be practicability analysis may not identified as containing complex and disapproved. CLF asserts: (1) That the necessarily be a strict calculation, but vulnerable habitats. action is inconsistent with the purpose rather a qualitative assessment of the (4) The EA prepared for this action and need the Council established for the tradeoffs between different options. A includes an analysis supporting a Framework action; (2) that the Council recent Court opinion on a legal determination of ‘‘no effect’’ from this and NMFS did not conduct a sufficient challenge to OHA2 supported this action on large whales and on North practicability analysis; (3) that the approach (Conservation Law Atlantic right whale critical habitat. The conducted analysis does not sufficiently Foundation v. Ross). With the selection GARFO Protected Resources Division

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conducted an informal Endangered or availability and, as a result, limit the by the Council of additional exemptions Species Act (ESA) Section 7 recovery of North Atlantic right whales in the HMA. consultation on both this action and the or their critical habitat. In terms of the Changes From the Propose Rule broader coastwide surfclam and ocean surfclam fishery, the scale and scope of quahog fishery (completed on January 2, hydraulic clam or mussel dredges is There are no changes to the proposed 2020). This consultation did not dispute smaller than that associated with measures. the analysis and determination in the navigational/sand mining dredges. Regulatory Clarification EA that there have been no observed Turbidity created from such fishing interactions between clam dredges and dredges will be temporary in nature and This action also implements a minor ESA-listed large whales and that the will not impact the long-term viability modification to the regulations under action will not affect North Atlantic of copepod aggregations. Fishing authority granted the Secretary under right whale critical habitat. Therefore, dredges, such as hydraulic clam or section 305(d) of the Magnuson-Stevens the consultation focused on the mussel dredges, may also temporarily Act to ensure that FMPs are potential impacts on ESA-listed species disturb localized copepod implemented as intended and consistent of sea turtles and Atlantic sturgeon as concentrations; however, these localized with the requirements of the Magnuson- they are the species that are ‘‘present in patches are continually replaced and/or Stevens Act. This action defines a the action area for this consultation and shifting due to the dynamic ‘‘straight line’’ with regard to regulated may be affected by the proposed oceanographic features. areas, as a rhumb line, unless explicitly actions.’’ The consultation found that Comment: The Cape Cod Commercial stated otherwise. When fishery the risk of an interaction with those Fishermen’s Alliance opposed allowing managers develop regulated areas (e.g., species is extremely unlikely and any mobile bottom-tending fishing gear scallop access areas or Northeast therefore, discountable. in the HMA. However, if exemptions multispecies closed areas), the areas are defined by a series of points of latitude CLF’s assertions of potential impact were to be granted for surfclam fishing, and longitude connected by straight on right whale critical habitat are not the Alliance requested that blue mussel lines when drawn on a standard consistent with the analysis contained fishing also be allowed in the same nautical chart. Nautical charts use a in the EA. Approximately half (372 areas. Mercator projection so straight lines nm2) of the GSC HMA overlaps with Response: This action will allow blue drawn on a chart are lines of constant Unit 1 of North Atlantic right whale mussel dredging in the same exemption compass bearing, also known as rhumb critical habitat (21,334 nm2). This is 1.7 areas and seasons as hydraulic dredging lines. This change helps make the percent of the total right whale critical for surfclams. regulations as unambiguous as possible. habitat, and the exemption areas being Comment: Several members and implemented overlap less than this 1.7 representatives of the surfclam industry Classification percent because they are a small subset suggested that NMFS should allow The Administrator, Greater Atlantic of the HMA. Right whale critical habitat hydraulic clam dredging throughout the Region, NMFS, determined that this overlaps roughly half of the McBlair and GSC HMA instead of just the exemption FMP Framework Adjustment is Fishing Rip exemption areas and does areas proposed by the Council. necessary for the conservation and not intersect the Old South exemption Response: As mentioned in previous management of the fisheries under the area at all. To support its claim of responses, the Council sought to achieve jurisdiction of the New England Council potential adverse impact on copepods a balance between habitat protection and that it is consistent with the that are an important forage species for and fishing access for the surfclam Magnuson-Stevens Act and other right whales, CLF cites studies that industry. Based upon the analysis applicable laws. looked at the effects of dredging to contained in the EA for this framework This final rule has been determined to deepen shipping channels. ‘‘Dredging’’ and in the EIS for OHA2, allowing be not significant for purposes of as defined in NMFS’s critical habitat hydraulic clam dredging throughout the Executive Order 12866. assessment (81 FR 4838, January 27, GSC HMA could have substantial This final rule is considered an 2016) should not be confused with use adverse impact on EFH. This impact Executive Order 13771 deregulatory of commercial fishing dredges, such as could hinder the Council’s efforts to action. those used in the surfclam fishery. In rebuild certain depleted fish stocks. A final regulatory flexibility analysis the assessment, dredging is in reference Based on our current understanding of (FRFA) was prepared. The FRFA to the removal of material from the the distribution of habitat types in the incorporates the initial regulatory bottom of water bodies to deepen, HMA and the potential effects of flexibility analysis (IRFA), a summary of widen, or maintain navigation corridors, hydraulic clam dredge gear, NMFS does the significant issues raised by the anchorages, or berthing areas, as well as not consider allowing fishing with public comments in response to the for sand mining. These dredges disturb hydraulic clam dredges throughout the IRFA, and NMFS responses to those the sediment surface down to 12 inches HMA without some mitigating measures comments, and a summary of the (30.5 cm) or more, creating turbidity to be consistent with the Magnuson- analyses completed to support the plumes that last up to a few hours. In Stevens Act requirement to minimize action. contrast, the surfclam fishery uses adverse impacts of fishing on EFH to the hydraulic dredges to capture shellfish extent practicable. The Council has A Summary of the Significant Issues by injecting pressurized water into the expressed its desire for future research Raised by the Public in Response to the sediment to a depth of 8–10 inches to improve our understanding of habitat IRFA, a Summary of the Agency’s (20.3–25.4 cm), creating a trench up to distribution within the HMA and the Assessment of Such Issues, and a 30 cm deep and as wide as the dredge. operational limits of this gear to better Statement of Any Changes Made in the Mussel dredges (approximately 1.8 m understand the habitat complexity and Final Rule as a Result of Such wide) create furrows approximately 2–5 potential impacts. Such research could Comments cm deep. There is no evidence to modify our understanding of the No comments were received in suggest fishing dredging would interactions of fishing gear with habitat response to the IRFA. NMFS response to negatively impact copepod production and help inform future considerations other comments are discussed above.

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Description and Estimate of Number of mussels in three exemption areas within estimates or any other aspect of this data Small Entities to Which the Rule Would the Great South Channel HMA. The collection, including suggestions for Apply measures seek to minimize to the extent reducing the burden, to NMFS (see _ This rule affects small entities practicable the adverse effects on ADDRESSES) and by email to OIRA engaged in surfclam/ocean quahog or complex habitat within the HMA by [email protected], or fax to fishing for surfclams and blue mussels blue mussel commercial fishing 202–395–7285. in the area. Small businesses have operations in the Federal waters off Notwithstanding any other provision historically generated a higher Southern New England, Georges Bank, of the law, no person is required to percentage of their revenue within the and the Gulf of Maine. In 2017, eight respond to, and no person shall be Great South Channel HMA and are large commercial fishing businesses and subject to penalty for failure to comply expected to benefit more from any 377 small commercial fishing with, a collection of information subject exemption than large businesses, businesses held either a surfclam or to the requirements of the PRA, unless relatively speaking. ocean quahog Federal permit. The that collection of information displays a The Council considered three other currently valid OMB control number. number of fishermen actively engaged options for allowing dredge fishing in in the surfclam and ocean quahog the HMA. The Council also evaluated List of Subjects in 50 CFR Part 648 fishery is much smaller than the number taking no action, thereby keeping the of individuals permitted for those two Fisheries, Fishing, Reporting and entire GSC HMA closed to dredge recordkeeping requirements. fisheries. This is because there is an fishing for surfclams and blue mussels. Dated: May 12, 2020. individual transferrable quota All of the action alternatives would associated with both species, meaning have resulted in some level of increased Samuel D. Rauch III, only individuals holding or leasing revenue for vessels fishing in the Deputy Assistant Administrator for quota can land surfclam and ocean exemption areas. While this action does Regulatory Programs, National Marine quahog. Over the last 3 years, the not affect the overall quota for Fisheries Service. number of businesses that have been surfclams, the catch rate in the For the reasons set out in the active in the areas proposed for exemption areas is potentially higher preamble, 50 CFR part 648 is amended exemption areas has been between 10 (8 than in other open areas. Therefore, the as follows: small and 2 large) and 12 (10 small and opening of these areas may not affect the 2 large). total harvest of surfclams, but may PART 648—FISHERIES OF THE Between 10 (2015) and 11 (2016, improve the efficiency with which part NORTHEASTERN UNITED STATES 2017) vessels were permitted and active of the quota is harvested. Moreover, in the Massachusetts blue mussel within the affected entities, some may ■ 1. The authority citation for part 648 fishery in the most recent 3-year period, have had a disproportionate historic continues to read as follows: although only one or two are expected harvest from the area now closed to Authority: 16 U.S.C. 1801 et seq. to fish in the HMA. The current status hydraulic dredges in the GSC HMA. In ■ 2. In § 648.2, add in alphabetical of the blue mussel fishery in the Great choosing a preferred alternative, the order, a definition for ‘‘Straight line.’’ South Channel is exploratory, and Council considered the tradeoffs ownership data is not available from between short-term economic benefit to § 648.2 Definitions. which to assess business size for state- the surfclam and blue mussel industries * * * * * permitted vessels. This situation and potential long-term benefit to other Straight line, with regard to regulated precludes a more thorough investigation fisheries through the protection of areas, means a rhumb line, unless into the number and size of blue mussel essential fish habitat from the adverse explicitly stated otherwise. businesses regulated under this action. impacts of fishing gear. This final rule contains a collection- * * * * * Description of Projected Reporting, of-information requirement subject to ■ 3. In 648.370, revise paragraph (h)(2) Recordkeeping, and Other Compliance the Paperwork Reduction Act (PRA) and to read as follows: Requirements which has been approved by OMB § 648.370 Habitat Management Areas. Reporting, Recordkeeping, and other under control number 0648–0202. compliance requirements are discussed Public reporting burden for obtaining a * * * * * above and summarized here. To fish for letter of authorization to fish within the (h) * * * surfclams or blue mussels in the GSC GSC HMA is estimated to average 5 (2) Atlantic Surfclam and Mussel HMA exemption areas, a vessel must be minutes per response, including the Dredge Exemption Areas. (i) Dredge issued a Federal Atlantic surfclam time for reviewing instructions, Exemption Area Requirements. A vessel permit, which mandates an active VMS searching existing data sources, may fish in one or more of the Dredge and submission of fishing vessel trip gathering and maintaining the data Exemption Areas below, provided the reports. Vessels will also have to be needed, and completing and reviewing area is open and the vessel meets the issued an LOA for the HMA exemption the collection of information. The following requirements: areas and be subject to increased public reporting burden for increasing (A) Holds a federal Atlantic surfclam reporting rates from the VMS while the VMS location data from once per vessel permit. inside to the HMA. hour to once every 5 minutes is (B) Has been issued a Letter of estimated to cost participating Authorization to fish in the Great South Description of the Steps the Agency Has fishermen $0.84 per hour while a vessel Channel HMA from the Regional Taken To Minimize the Significant is within 3 nm (5.6 km) of the HMA and Administrator. Economic Impact on Small Entities subject to the higher position polling (C) Has a NMFS-approved VMS unit Consistent With the Stated Objectives of rate. Based on historical fishing effort, capable of automatically transmitting a Applicable Statutes this would translate to an average signal indicating the vessel’s accurate This action proposes management annual cost of $8,639 spread across all position at least once every 5 minutes measures to allow fishing with dredge vessels active in the HMA. Send while in or near the Great South gear for Atlantic surfclams or blue comments regarding these burden Channel HMA.

VerDate Sep<11>2014 17:20 May 18, 2020 Jkt 250001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\19MYR1.SGM 19MYR1 Federal Register / Vol. 85, No. 97 / Tuesday, May 19, 2020 / Rules and Regulations 29877

(D) Declares each trip into the HMA OLD SOUTH DREDGE EXEMPTION AREA (B) The Fishing Rip Dredge through the VMS and fishes exclusively Exemption Area is open year-round. inside HMA dredge exemption areas on Point Longitude Latitude * * * * * such trips. [FR Doc. 2020–10566 Filed 5–18–20; 8:45 am] 1 ...... 69°47′ W 41°15′ N (E) When fishing for surfclams in an 2 ...... 69°44′ W 41°15′ N BILLING CODE 3510–22–P HMA exemption area, uses only 3 ...... 69°44.22′ W 41°10.432′ N hydraulic clam dredge gear. 4 ...... 69°45′ W 41°7′ N (F) When fishing for blue mussels in 5 ...... 69°47′ W 41°7′ N an HMA exemption area, any dredge on 6 ...... 69°47′ W 41°11′ N 7 ...... 69°49.101′ W 41°11′ N board the vessel does not exceed 8 ft ° ′ ° ′ (2.4 m), measured at the widest point in 8 ...... 69 49.116 W 41 12.5 N 9 ...... 69°47′ W 41°12.5′ N the bail of the dredge, and the vessel 1 ...... 69°47′ W 41°15′ N does not possess, or land any species of fish other than blue mussels. (B) The Old South Dredge Exemption (ii) McBlair Dredge Exemption Area. Area is open from May 1–October 31, (A) The McBlair Dredge Exemption Area and closed to all mobile bottom-tending is defined by the following points gear November 1–April 30. connected in the order listed by straight (iv) Fishing Rip Dredge Exemption lines: Area. (A) The Fishing Rip Dredge Exemption Area is defined by the MCBLAIR DREDGE EXEMPTION AREA following points connected in the order listed by straight lines: Point Longitude Latitude FISHING RIP DREDGE EXEMPTION 1 ...... 69°49.255′ W 41°25.878′ N 2 ...... 69°46.951′ W 41°25.878′ N AREA 3 ...... 69°46.951′ W 41°19.34′ N 4 ...... 69°49.187′ W 41°19.34′ N Point Longitude Latitude 1 ...... 69°49.255′ W 41°25.878′ N 1 ...... 69°28.829′ W 41°10.963′ N 2 ...... 69°27.106′ W 41°10.485′ N (B) The McBlair Dredge Exemption 3 ...... 69°29.311′ W 41°6.699′ N Area is open year-round. 4 ...... 69°27.034′ W 41°6.609′ N (iii) Old South Dredge Exemption 5 ...... 69°27.376′ W 41°3.198′ N 6 ...... 69°29.905′ W 41°1.297′ N Area. (A) The Old South Dredge ° ′ ° ′ Exemption Area is defined by the 7 ...... 69 32.579 W 41 5.368 N 8 ...... 69°31.193′ W 41°7.356′ N following points connected in the order 1 ...... 69°28.829′ W 41°10.963′ N listed by straight lines:

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