2020-05649. Clarification of Magnuson-Stevens Fishery Conservation and Management Act Regulation Regarding Monitor National Marine Sanctuary; Final Rulemaking  

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    AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    This final rule will clarify a regulation adopted under the Magnuson-Stevens Fishery Conservation and Management Act (MSA), which cross-references and incorrectly interprets regulations adopted under the National Marine Sanctuaries Act. The Monitor National Marine Sanctuary (Sanctuary) regulations currently prohibit some, but not all, fishing in the Sanctuary. NMFS is clarifying its regulation which incorrectly interprets Sanctuary regulations to prohibit all fishing in the Sanctuary by removing the fishing prohibition text and cross-referencing regulations for national marine sanctuaries.

    DATES:

    The final rule is effective March 18, 2020.

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    FOR FURTHER INFORMATION CONTACT:

    Chris Wright, Fishery Policy Analyst, 301-427-8504, or via email chris.wright@noaa.gov.

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    SUPPLEMENTARY INFORMATION:

    Background

    The Sanctuary was designated as the nation's first national marine sanctuary in 1975 and protects the wreck of the famed Civil War ironclad U.S.S. Monitor. This proposed rule would amend a general fishery regulation adopted under the MSA, which currently provides: “[a]ll fishing activity, regardless of species sought, is prohibited under 15 CFR part 924 in the U.S.S. Monitor Marine Sanctuary, which is located approximately 15 miles southwest of Cape Hatteras off the coast of North Carolina” (50 CFR 600.705(f)). This text incorrectly states that “all fishing activity” is prohibited under national marine sanctuary regulations. The Sanctuary regulations, which are currently codified at part 922, only expressly prohibit one type of fishing Start Printed Page 15392activity, “trawling” (50 CFR 922.61(h)). The Sanctuary regulations further prohibit all “dredging” and “[a]nchoring in any manner, stopping, remaining, or drifting without power” (Id. § 922.61(a)). While these regulations limit some fishing activity, it is incorrect to state that all fishing is prohibited in the Sanctuary by national marine sanctuary regulations, as the current NMFS regulation provides.

    On December 16, 2019, NMFS issued a proposed rule (84 FR 68389) to clarify the regulatory text at 50 CFR 600.705(f) by removing the incorrect text and retaining a cross-reference to the Office of National Marine Sanctuaries' regulations at 15 CFR part 922, which regulate activities in the national marine sanctuaries. The regulation we are amending is in the General Provisions for Domestic Fisheries (50 CFR part 600, subpart H). Regulations in part 600 implement and carry out all domestic fishery management plans (FMPs) adopted under the MSA. This action is authorized under MSA § 305(d), which gives the Agency general authority to carry out FMPs adopted under the MSA.

    Comments and Responses

    NMFS received four comments during the comment period. All written comments can be found at http://www.regulations.gov/​ by searching for RIN 0648-BI82. The comments received during the comment period are summarized below.

    Comment 1: The South Atlantic Fishery Management Council supports the proposed rule because it alleviates confusion regarding fishing regulations in the Sanctuary by removing the text that prohibits “all fishing activity.” The Council stated the remaining specific regulations that prohibit anchoring, trawling, drifting, diving, and lowering devices below the surface strike a reasonable balance between protecting the historic site and allowing limited fishing activity that will not impact the site.

    NMFS agrees with this comment because it reiterates the Agency's rationale for this action.

    Comment 2: The North Carolina Division of Marine Fisheries supports the proposed rule because it removes the prohibition on all fishing activity in the regulatory text and references the appropriate regulations. They agree with NMFS that this action will remove unnecessary regulations, the net economic impact will be positive, and the modifications will potentially alleviate confusion among stake holders.

    NMFS agrees with this comment because it reiterates the Agency's rationale for this action.

    Comment 3: Two commenters, from the general public, did not support the proposed rule and asked NMFS to prohibit all fishing in the Sanctuary.

    NMFS disagrees with these comments. Nothing in the National Marine Sanctuaries Act requires NOAA to prohibit all fishing in national marine sanctuaries. NOAA's Office of National Marine Sanctuaries believes that national marine sanctuaries should take into account various stakeholders and activities as long as they do not conflict with the primary goal of resource protection. The current Sanctuary regulations strike a balance of protecting the U.S.S. Monitor while allowing for some fishing to occur.

    Classification

    This final rule is promulgated pursuant to MSA § 305(d). The NMFS Assistant Administrator has determined that this rule is consistent with the MSA and other applicable law.

    This final rule has been determined to be not significant for purposes of Executive Order 12866.

    This final rule is considered an Executive Order 13771 deregulatory action. NMFS expects this final rule to alleviate the potential for confusion regarding the fishing allowed in the Sanctuary, by making clear that NMFS does not interpret Sanctuary regulations to prohibit all fishing in the Sanctuary. This final rule also makes clear that regulations governing fishing in national marine sanctuaries are set forth at 15 CFR part 222 and that these regulations may apply in addition to regulations adopted under the MSA.

    No duplicative, overlapping, or conflicting Federal rules have been identified beyond those discussed herein. In addition, no new reporting, recordkeeping, or other compliance requirements are introduced by this final rule. Accordingly, the Paperwork Reduction Act does not apply to this final rule.

    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 rule would not have a significant economic impact on a substantial number of small entities. The factual basis for this determination was published in the proposed rule and is not repeated here. None of the public comments that were received specifically addressed the certification and NMFS has not received any new information that would affect its determination that this rule would not have a significant economic impact on a substantial number of small entities. As a result, a final regulatory flexibility analysis was not required and none was prepared.

    There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effective date. NMFS' regulation at 50 CFR 600.705(f) currently interprets national marine sanctuary regulations incorrectly. This has the potential to create confusion regarding the fishing restrictions applicable to the Sanctuary and should be corrected as expeditiously as possible. The impact if this action is not implemented immediately is the continued potential for confusion from the public and the recreational and commercial fishing sectors in regard to the Sanctuary's fishing regulations.

    Start List of Subjects

    List of Subjects in 50 CFR Part 600

    • Fisheries
    • Fishing
    • Reporting and recordkeeping requirements
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    Dated: March 13, 2020.

    Samuel D. Rauch III,

    Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

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    For the reasons stated in the preamble, 50 CFR part 600 will be amended as follows:

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    PART 600—MAGNUSON-STEVENS ACT PROVISIONS

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    1. The authority citation for part 600 continues to read as follows:

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    Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.

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    2. In § 600.705, revise paragraph (f) to read as follows:

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    Relation to other laws.
    * * * * *

    (f) Marine sanctuaries. Regulations governing fishing activities inside the boundaries of national marine sanctuaries are set forth in 15 CFR part 922.

    * * * * *
    End Supplemental Information

    [FR Doc. 2020-05649 Filed 3-17-20; 8:45 am]

    BILLING CODE 3510-22-P

Document Information

Effective Date:
3/18/2020
Published:
03/18/2020
Department:
National Oceanic and Atmospheric Administration
Entry Type:
Rule
Action:
Final rule.
Document Number:
2020-05649
Dates:
The final rule is effective March 18, 2020.
Pages:
15391-15392 (2 pages)
Docket Numbers:
Docket No. 200313-0080
RINs:
0648-BI82: Rescission of the Fishing Activity Prohibition in the U.S.S. Monitor Marine Sanctuary
RIN Links:
https://www.federalregister.gov/regulations/0648-BI82/rescission-of-the-fishing-activity-prohibition-in-the-u-s-s-monitor-marine-sanctuary
Topics:
Fisheries, Fishing, Reporting and recordkeeping requirements
PDF File:
2020-05649.Pdf
Supporting Documents:
» Fisheries of the Exclusive Economic Zone Off Alaska: Inseason Adjustment to the 2021 Gulf of Alaska Pollock and Pacific Cod Total Allowable Catch Amounts
» Fisheries of the Northeastern United States: Summer Flounder, Scup, and Black Sea Bass 2021 Specifications
» Fisheries of the Northeastern United States: Atlantic Bluefish Fishery; Quota Transfer from MD to NC
» Fisheries of the Northeastern United States: Amendment 21 to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan; Correction
» Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Electronic Reporting for Federally Permitted Charter Vessels and Headboats in Atlantic Fisheries
» Fisheries of the Northeastern United States: Illex Squid Fishery; Revised 2020 Illex Squid Specifications
» Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Electronic Reporting for Federally Permitted Charter Vessels and Headboats in Gulf of Mexico Fisheries
» Pacific Halibut Fisheries: Catch Sharing Plan
» Vessel Monitoring Systems: Requirements for Type-Approval of Cellular Transceiver Units
» Taking and Importing Marine Mammals: Incidental to the U.S. Navy Training and Testing Activities in the Atlantic Fleet Training and Testing Study Area
CFR: (1)
50 CFR 600.705