Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Extend an Emergency Action To Extend Portions of the Fishing Year 2019 Scallop Carryover Provisions, 74919-74921 [2020-25995]

Download as PDF Federal Register / Vol. 85, No. 227 / Tuesday, November 24, 2020 / Rules and Regulations (1) Any agricultural commodity, nonprocessed food, feed, fiber, or livestock as defined in this section. (2) As used in this definition, the term ‘‘any agricultural commodity’’ means horticultural products at risk of perishing, or degrading in quality, during transport by commercial motor vehicle, including plants, sod, flowers, shrubs, ornamentals, seedlings, live trees, and Christmas trees. * * * * * Livestock means livestock as defined in sec. 602 of the Emergency Livestock Feed Assistance Act of 1988 [7 U.S.C. 1471], as amended, insects, and all other living animals cultivated, grown, or raised for commercial purposes, including aquatic animals. * * * * * Non-processed food means food commodities in a raw or natural state and not subjected to significant postharvest changes to enhance shelf life, such as canning, jarring, freezing, or drying. The term ‘‘non-processed food’’ includes fresh fruits and vegetables, and cereal and oilseed crops which have been minimally processed by cleaning, cooling, trimming, cutting, chopping, shucking, bagging, or packaging to facilitate transport by commercial motor vehicle. * * * * * Issued under authority delegated in 49 CFR 1.87. James W. Deck, Deputy Administrator. [FR Doc. 2020–25971 Filed 11–20–20; 4:15 pm] BILLING CODE 4910–EX–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 200212–0053; RTID 0648– XA663] Fisheries of the Northeastern United States; Blueline Tilefish Fishery; 2020 Blueline Tilefish Commercial Quota Harvested National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure of the blueline tilefish commercial fishery. jbell on DSKJLSW7X2PROD with RULES AGENCY: Federal commercial tilefish permit holders are prohibited from fishing for, catching, possessing, transferring or landing tilefish in the Tilefish Management Unit for the SUMMARY: VerDate Sep<11>2014 16:05 Nov 23, 2020 Jkt 253001 remainder of the 2020 fishing year. This action is required when NMFS projects that 100 percent of the 2020 total allowable landings will have been caught by the effective date. This action is intended to prevent over-harvest of blueline tilefish for the fishing year. DATES: Effective 0001 hr local time, November 21, 2020, through December 31, 2020. FOR FURTHER INFORMATION CONTACT: Laura Hansen, Fishery Management Specialist, (978) 281–9225. SUPPLEMENTARY INFORMATION: Regulations for the blueline tilefish fishery are at 50 CFR part 648. The regulations at § 648.295(b)(2)(ii) require that when NMFS projects that blueline tilefish catch will reach 100 percent of the total allowable landings (TAL), the Regional Administrator must close the commercial blueline tilefish fishery for the remainder of the fishing year. No vessel may retain or land blueline tilefish in or from the Tilefish Management Unit after the announced closure date. NMFS monitors the blueline tilefish fishery catch based on dealer reports, state data, and other available information. When 100 percent of the TAL is projected to be landed, NMFS must publish a notice in the Federal Register notifying blueline tilefish vessel and dealer permit holders of the closure date. The Regional Administrator has determined, based on dealer reports and other available information, that the blueline tilefish commercial fishery will catch 100 percent of the TAL by November 21, 2020. Effective 0001 November 21, 2020, vessels may not retain or land blueline tilefish in or from the Tilefish Management Unit through December 31, 2020. Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR part 648, which was issued pursuant to section 304(b), and is exempt from review under Executive Order 12866. NMFS finds good cause pursuant to 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3) to waive prior notice and the opportunity for public comment and the delayed effectiveness period because it would be contrary to the public interest and impracticable. Data and other information indicating the blueline tilefish commercial fishery will have landed 100 percent of the TAL have only recently become available. Landings data are updated by dealer reports dealers on a weekly basis, and NMFS monitors data as catch increases toward the limit. This action is routine PO 00000 Frm 00073 Fmt 4700 Sfmt 4700 74919 and formulaic. The regulations at § 648.295(b)(2)(ii) require such action to ensure that blueline tilefish commercial vessels do not exceed the 2020 TAL. If implementation of this action is delayed, the TAL for the 2020 fishing year may be exceeded, thereby undermining the conservation objectives of the Tilefish Fishery Management Plan. Also, the public had prior notice and full opportunity to comment on this process when the provisions regarding closures and the 2020 quota levels were put in place. Authority: 16 U.S.C. 1801 et seq. Dated: November 18, 2020. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2020–25925 Filed 11–19–20; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 200522–0145] RIN 0648–BJ80 Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Extend an Emergency Action To Extend Portions of the Fishing Year 2019 Scallop Carryover Provisions National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; emergency action extension. AGENCY: This temporary rule extends emergency measures that extend portions of the fishing year 2019 carryover provisions in the Atlantic Sea Scallop Fishery Management Plan into the 2020 fishing year published on June 1, 2020 (85 FR 33027), which is scheduled to expire on November 29, 2020. This action is necessary to prevent the Limited Access General Category Individual Fishery Quota vessels from losing any carryover granted by this emergency action and to prevent the Nantucket Lightship-West Access Area from opening on November 29, 2020. This action is intended to provide additional time for Limited Access General Category Individual Fishery Quota vessels to land the 2019 carryover allocation granted by the original emergency action and to provide the New England Fishery Management Council additional time to develop a SUMMARY: E:\FR\FM\24NOR1.SGM 24NOR1 74920 Federal Register / Vol. 85, No. 227 / Tuesday, November 24, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES plan for the management of the Nantucket Lightship-West Access Area while it remains closed. DATES: Effective November 29, 2020, through June 1, 2021. The expiration date of the temporary rule published June 1, 2020, is extended to June 1, 2021, unless superseded by another action, which will publish in the Federal Register. ADDRESSES: For this action, NMFS developed a Supplemental Impact Report (SIR) for the Environmental Assessment (EA) for Framework 32 to the Atlantic Sea Scallop Fishery Management Plan (FMP) that describes the measures in this temporary rule. Copies of the SIR and the Regulatory Impact Review of this rulemaking are available on the internet at https:// www.fisheries.noaa.gov/region/newengland-mid-atlantic. FOR FURTHER INFORMATION CONTACT: Travis Ford, Fishery Policy Analyst, 978–281–9233. SUPPLEMENTARY INFORMATION: Background At the request of the New England Fishery Management Council, NMFS published an emergency action on June 1, 2020, (85 FR 33027), for the Atlantic Sea Scallop Fishery Management Plan (FMP) that: • Allowed limited access general category (LAGC) individual fishing quota (IFQ) vessels to carryover all fishing year 2019 unharvested quota into fishing year 2020; • Allowed any access area carryover pounds and unharvested research setaside (RSA) compensation pounds from fishing year 2019 to be available for harvest through August 31, 2020; and • Closed the Nantucket LightshipWest Access Area (NLS–W) to scallop fishing beginning on September 1, 2020, to reduce bycatch. These measures allowed for more flexibility to harvest 2019 carryover allocations and were intended to mitigate the negative impacts experienced by the scallop industry that began at the end of the 2019 fishing year (March 2020) due to ongoing health mandates and travel restrictions that made it difficult for vessels to make trips. These impacts include disruptions in getting supplies and the inability for crew to access ports. This action extends portions of this emergency action to prevent the LAGC IFQ vessels from losing any carryover granted by this emergency action and to prevent NLS–W from opening on November 29, 2020, when the emergency action expires under the Magnuson-Stevens Fishery VerDate Sep<11>2014 16:05 Nov 23, 2020 Jkt 253001 Conservation and Management Act’s (Magnuson-Stevens Act) limitation on the duration of an emergency action. Therefore, this action would extend the following emergency action measures through June 1, 2021, or until replaced by a subsequent action, whichever comes first: • Extend the ability of LAGC IFQ vessels to harvest any fishing year 2019 carryover granted by this emergency action through the end of the 2020 fishing year (March 31, 2021); and • Maintain the closure of NLS–W for an additional 186 days unless it is opened or closed by the Council in another action. The NLS–W closure extension is intended to minimize unwanted bycatch of flatfish and is not expected to adversely impact the scallop fleet because these vessels have flexibility to fish in other areas. There is no need to extend the access area and RSA compensation pounds from fishing year 2019 because the Council only requested to allow for that harvest through August 31, 2020. NMFS’s policy guidelines for the use of emergency rules (62 FR 44421; August 21, 1997) specify the following three criteria that define what an emergency situation is, and justification for final rulemaking: (1) The emergency results from recent, unforeseen events or recently discovered circumstances; (2) the emergency presents serious conservation or management problems in the fishery; and (3) the emergency can be addressed through emergency regulations for which the immediate benefits outweigh the value of advance notice, public comment, and deliberative consideration of the impacts on participants to the same extent as would be expected under the normal rulemaking process. NMFS’s policy guidelines further provide that emergency action is justified for certain situations where emergency action would prevent significant direct economic loss, or to preserve a significant economic opportunity that otherwise might be foregone. As noted in the June 1, 2020, emergency rule, NMFS has determined that extending portions of the fishing year 2019 scallop carryover provisions meets the three criteria for emergency action. The Council is developing Framework Adjustment 33 to the Scallop FMP, which we expect to implement in May 2021, prior to the expiration of the emergency action extension. Framework 33 will set specifications for the 2021 fishing year. PO 00000 Frm 00074 Fmt 4700 Sfmt 4700 Comments and Responses NMFS received two comments in response to the emergency action. The first comment was in opposition to the action due to concern that some fishermen may already be receiving additional aid because of their inability to fish. As described above, this action does not add any new allocation, it only extends the time period that carryover can be fished. Extending these carryover provisions will not cause any annual catch limits to be exceeded in the scallop fishery. The second comment was unrelated to this action. Classification The Assistant Administrator for Fisheries, NOAA, has determined that this rule is necessary to respond to an emergency situation and is consistent with the national standards and other provisions of the Magnuson-Stevens Act and other applicable laws. The Assistant Administrator for Fisheries, NOAA, finds good cause under 5 U.S.C. 553(b)(B) that it is contrary to the public interest and impracticable to provide for prior notice and opportunity for the public to comment. As more fully explained above, the reasons justifying promulgation of this rule on an emergency basis, coupled with the fact that the public has had the opportunity to comment on NMFS’ intent to extend this emergency, make solicitation of public comment unnecessary, impractical, and contrary to the public interest. In the interest of receiving public input on this action, the SIR analyzing this action was made available to the public and the original temporary final rule solicited public comment. For these same reasons stated above, pursuant to 5 U.S.C. 553(d)(3), the Assistant Administrator finds good cause to waive the full 30-day delay in effectiveness for this rule. This rule extends some measures of the rule currently in place for an additional 186 days. The need for this extension was fully anticipated and announced to the public in the initial emergency rule which published on June 1, 2020. Accordingly, the entities affected by this rule and the public have no need to be made aware of or adjust to this rule by delaying its effectiveness for 30 days. The primary reason for delaying the effectiveness of Federal regulations is not present, and, therefore, such a delay would serve no public purpose. It would be contrary to the public interest if this rule does not become effective on November 29, 2020, because LAGC IFQ vessels would lose any carryover E:\FR\FM\24NOR1.SGM 24NOR1 Federal Register / Vol. 85, No. 227 / Tuesday, November 24, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES granted by this emergency action and the NLS–W would open to fishing. Moreover, failing to have the rule effective on November 29, 2020, may lead to confusion in the fishing community. For these reasons, there is good cause to waive the requirement for delayed effectiveness. This action is being taken pursuant to the emergency provision of MSA and is exempt from OMB review. VerDate Sep<11>2014 16:05 Nov 23, 2020 Jkt 253001 Because notice and opportunity for comment are not required pursuant to 5 U.S.C. 553 or any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are inapplicable. Therefore, a regulatory flexibility analysis is not required and has not been prepared. Dated: November 19, 2020. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2020–25995 Filed 11–23–20; 8:45 am] BILLING CODE 3510–22–P Authority: 16 U.S.C. 1801 et seq. PO 00000 Frm 00075 Fmt 4700 Sfmt 9990 74921 E:\FR\FM\24NOR1.SGM 24NOR1

Agencies

[Federal Register Volume 85, Number 227 (Tuesday, November 24, 2020)]
[Rules and Regulations]
[Pages 74919-74921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25995]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 200522-0145]
RIN 0648-BJ80


Fisheries of the Northeastern United States; Atlantic Sea Scallop 
Fishery; Extend an Emergency Action To Extend Portions of the Fishing 
Year 2019 Scallop Carryover Provisions

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

ACTION: Temporary rule; emergency action extension.

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SUMMARY: This temporary rule extends emergency measures that extend 
portions of the fishing year 2019 carryover provisions in the Atlantic 
Sea Scallop Fishery Management Plan into the 2020 fishing year 
published on June 1, 2020 (85 FR 33027), which is scheduled to expire 
on November 29, 2020. This action is necessary to prevent the Limited 
Access General Category Individual Fishery Quota vessels from losing 
any carryover granted by this emergency action and to prevent the 
Nantucket Lightship-West Access Area from opening on November 29, 2020. 
This action is intended to provide additional time for Limited Access 
General Category Individual Fishery Quota vessels to land the 2019 
carryover allocation granted by the original emergency action and to 
provide the New England Fishery Management Council additional time to 
develop a

[[Page 74920]]

plan for the management of the Nantucket Lightship-West Access Area 
while it remains closed.

DATES: Effective November 29, 2020, through June 1, 2021. The 
expiration date of the temporary rule published June 1, 2020, is 
extended to June 1, 2021, unless superseded by another action, which 
will publish in the Federal Register.

ADDRESSES: For this action, NMFS developed a Supplemental Impact Report 
(SIR) for the Environmental Assessment (EA) for Framework 32 to the 
Atlantic Sea Scallop Fishery Management Plan (FMP) that describes the 
measures in this temporary rule. Copies of the SIR and the Regulatory 
Impact Review of this rulemaking are available on the internet at 
https://www.fisheries.noaa.gov/region/new-england-mid-atlantic.

FOR FURTHER INFORMATION CONTACT: Travis Ford, Fishery Policy Analyst, 
978-281-9233.

SUPPLEMENTARY INFORMATION:

Background

    At the request of the New England Fishery Management Council, NMFS 
published an emergency action on June 1, 2020, (85 FR 33027), for the 
Atlantic Sea Scallop Fishery Management Plan (FMP) that:
     Allowed limited access general category (LAGC) individual 
fishing quota (IFQ) vessels to carryover all fishing year 2019 
unharvested quota into fishing year 2020;
     Allowed any access area carryover pounds and unharvested 
research set-aside (RSA) compensation pounds from fishing year 2019 to 
be available for harvest through August 31, 2020; and
     Closed the Nantucket Lightship-West Access Area (NLS-W) to 
scallop fishing beginning on September 1, 2020, to reduce bycatch.
    These measures allowed for more flexibility to harvest 2019 
carryover allocations and were intended to mitigate the negative 
impacts experienced by the scallop industry that began at the end of 
the 2019 fishing year (March 2020) due to ongoing health mandates and 
travel restrictions that made it difficult for vessels to make trips. 
These impacts include disruptions in getting supplies and the inability 
for crew to access ports.
    This action extends portions of this emergency action to prevent 
the LAGC IFQ vessels from losing any carryover granted by this 
emergency action and to prevent NLS-W from opening on November 29, 
2020, when the emergency action expires under the Magnuson-Stevens 
Fishery Conservation and Management Act's (Magnuson-Stevens Act) 
limitation on the duration of an emergency action. Therefore, this 
action would extend the following emergency action measures through 
June 1, 2021, or until replaced by a subsequent action, whichever comes 
first:
     Extend the ability of LAGC IFQ vessels to harvest any 
fishing year 2019 carryover granted by this emergency action through 
the end of the 2020 fishing year (March 31, 2021); and
     Maintain the closure of NLS-W for an additional 186 days 
unless it is opened or closed by the Council in another action.
    The NLS-W closure extension is intended to minimize unwanted 
bycatch of flatfish and is not expected to adversely impact the scallop 
fleet because these vessels have flexibility to fish in other areas. 
There is no need to extend the access area and RSA compensation pounds 
from fishing year 2019 because the Council only requested to allow for 
that harvest through August 31, 2020.
    NMFS's policy guidelines for the use of emergency rules (62 FR 
44421; August 21, 1997) specify the following three criteria that 
define what an emergency situation is, and justification for final 
rulemaking: (1) The emergency results from recent, unforeseen events or 
recently discovered circumstances; (2) the emergency presents serious 
conservation or management problems in the fishery; and (3) the 
emergency can be addressed through emergency regulations for which the 
immediate benefits outweigh the value of advance notice, public 
comment, and deliberative consideration of the impacts on participants 
to the same extent as would be expected under the normal rulemaking 
process. NMFS's policy guidelines further provide that emergency action 
is justified for certain situations where emergency action would 
prevent significant direct economic loss, or to preserve a significant 
economic opportunity that otherwise might be foregone. As noted in the 
June 1, 2020, emergency rule, NMFS has determined that extending 
portions of the fishing year 2019 scallop carryover provisions meets 
the three criteria for emergency action.
    The Council is developing Framework Adjustment 33 to the Scallop 
FMP, which we expect to implement in May 2021, prior to the expiration 
of the emergency action extension. Framework 33 will set specifications 
for the 2021 fishing year.

Comments and Responses

    NMFS received two comments in response to the emergency action. The 
first comment was in opposition to the action due to concern that some 
fishermen may already be receiving additional aid because of their 
inability to fish. As described above, this action does not add any new 
allocation, it only extends the time period that carryover can be 
fished. Extending these carryover provisions will not cause any annual 
catch limits to be exceeded in the scallop fishery. The second comment 
was unrelated to this action.

Classification

    The Assistant Administrator for Fisheries, NOAA, has determined 
that this rule is necessary to respond to an emergency situation and is 
consistent with the national standards and other provisions of the 
Magnuson-Stevens Act and other applicable laws.
    The Assistant Administrator for Fisheries, NOAA, finds good cause 
under 5 U.S.C. 553(b)(B) that it is contrary to the public interest and 
impracticable to provide for prior notice and opportunity for the 
public to comment. As more fully explained above, the reasons 
justifying promulgation of this rule on an emergency basis, coupled 
with the fact that the public has had the opportunity to comment on 
NMFS' intent to extend this emergency, make solicitation of public 
comment unnecessary, impractical, and contrary to the public interest. 
In the interest of receiving public input on this action, the SIR 
analyzing this action was made available to the public and the original 
temporary final rule solicited public comment.
    For these same reasons stated above, pursuant to 5 U.S.C. 
553(d)(3), the Assistant Administrator finds good cause to waive the 
full 30-day delay in effectiveness for this rule. This rule extends 
some measures of the rule currently in place for an additional 186 
days. The need for this extension was fully anticipated and announced 
to the public in the initial emergency rule which published on June 1, 
2020. Accordingly, the entities affected by this rule and the public 
have no need to be made aware of or adjust to this rule by delaying its 
effectiveness for 30 days. The primary reason for delaying the 
effectiveness of Federal regulations is not present, and, therefore, 
such a delay would serve no public purpose. It would be contrary to the 
public interest if this rule does not become effective on November 29, 
2020, because LAGC IFQ vessels would lose any carryover

[[Page 74921]]

granted by this emergency action and the NLS-W would open to fishing. 
Moreover, failing to have the rule effective on November 29, 2020, may 
lead to confusion in the fishing community. For these reasons, there is 
good cause to waive the requirement for delayed effectiveness.
    This action is being taken pursuant to the emergency provision of 
MSA and is exempt from OMB review.
    Because notice and opportunity for comment are not required 
pursuant to 5 U.S.C. 553 or any other law, the analytical requirements 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are 
inapplicable. Therefore, a regulatory flexibility analysis is not 
required and has not been prepared.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: November 19, 2020.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2020-25995 Filed 11-23-20; 8:45 am]
BILLING CODE 3510-22-P