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]
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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
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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:
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Federal Register / Vol. 85, No. 227 / Tuesday, November 24, 2020 / Rules and Regulations
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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.
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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
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Federal Register / Vol. 85, No. 227 / Tuesday, November 24, 2020 / Rules and Regulations
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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.
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]]>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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
