Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer From NC to CT, 81154-81155 [2020-27561]

Download as PDF 81154 Federal Register / Vol. 85, No. 241 / Tuesday, December 15, 2020 / Rules and Regulations continuously conducts biomass surveys and stock assessments to gauge the health of managed fisheries. These biomass surveys also collect other environmental data, such as ocean temperature, which help NMFS evaluate any changes within the stock, for example biomass increases/decreases and changes in stock structure such as shifting locations. The changes to the risk policy implemented in this action are administrative in nature and merely allow fishery managers and scientists to consider taking increased risks when setting ABC allocations. It is also important to note that, while this action allows for increased risk from the current policy, the revised policy still ensures that there would be less than a 50 percent chance of overfishing. Any ABC recommendations will be made through future rulemakings, which will include a comprehensive analysis of any proposed measures. Changes From the Proposed Rule There are no changes to the measures from the proposed rule. Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this final rule is consistent with the FMP, other provisions of the MagnusonStevens Act and other applicable law. This final rule has been determined to be not significant for purposes of E.O. 12866. This final rule is considered to be an E.O. 13771 deregulatory action. This final rule does not contain policies with federalism or ‘‘takings’’ implications, as those terms are defined in E.O. 13132 and E.O. 12630, respectively. This action does not contain any collection-of-information requirements subject to the Paperwork Reduction Act. The Assistant Administrator for Fisheries has determined that, because this rule relieves a restriction by allowing the Council to increase ABC allocations for the healthy fisheries it manages, it is not subject to the 30-day delayed effectiveness provision of the Administrative Procedure Act pursuant to 5 U.S.C. 553(d)(1). In addition, the need to implement these measures in a timely manner constitutes good cause under authority contained in 5 U.S.C. 553(d)(3), to waive the 30-day delay in effective date. The Council and its SSC used this modified risk policy in recommending ABCs for scup and black sea bass for the 2021 fishing year specifications package for summer flounder, scup, and black sea bass. The scup, black sea bass, and summer VerDate Sep<11>2014 16:21 Dec 14, 2020 Jkt 253001 flounder fisheries operate on the calendar year. Annual publication of the summer flounder quotas prior to the start of the fishing year, by December 31, is required by Court Order in North Carolina Fisheries Association v. Daley. If this risk policy rule were not effective prior to the start of the fishing year, this could delay the 2021 summer flounder, scup, and black sea bass specifications, requiring interim specifications for these species to go into effect on January 1. This scenario would create unnecessary challenges for individual states when setting commercial possession and/or trip limits, which apportion the catch over the entire calendar year. This would cause unnecessary harm to the fisheries and is contrary to the public interest. 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 action would not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the proposed rule and is not repeated here. No comments were received regarding this certification. As a result, a regulatory flexibility analysis was not required and none was prepared. List of Subjects 50 CFR Part 648 Fisheries, Fishing, Recordkeeping and reporting requirements. Dated: December 10, 2020. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 648 is amended as follows: PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES 1. The authority citation for part 648 continues to read as follows: ■ Authority: 16 U.S.C. 1801 et seq. 2. In § 648.21, revise paragraphs (b)(1) and (2), and (c)(1) to read as follows: ■ § 648.21 Mid-Atlantic Fishery Management Council risk policy. * * * * * (b) * * * (1) For stocks with a ratio of biomass (B) to biomass at MSY (BMSY) of 1.0 or lower, the maximum probability of overfishing as informed by the OFL distribution shall decrease linearly from a maximum value of 45 percent until the probability of overfishing becomes zero at a B/BMSY ratio of 0.10. PO 00000 Frm 00070 Fmt 4700 Sfmt 4700 (2) For stocks with biomass that exceeds BMSY and the B/BMSY ratio is greater than 1.0, the probability of overfishing shall increase linearly from a probability of overfishing of 45 percent to a maximum probability of overfishing of 49 percent when the B/ BMSY ratio is equal to 1.5 or greater. * * * * * (c) * * * (1) Unless otherwise allowed in paragraph (c)(2) of this section, for instances in which the application of the risk policy approaches in paragraph (b) of this section using OFL distribution results in a more restrictive ABC recommendation than the calculation of ABC derived from the use of FREBUILD at the MAFMCspecified overfishing risk level as outlined in paragraph (a) of this section, the SSC shall recommend to the MAFMC the lower of the ABC values. * * * * * [FR Doc. 2020–27562 Filed 12–14–20; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [RTID 0648–XA707] Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer From NC to CT National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; quota transfer. AGENCY: NMFS announces that the State of North Carolina is transferring a portion of its 2020 commercial summer flounder quota to the State of Connecticut. This quota adjustment is necessary to comply with the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan quota transfer provisions. This announcement informs the public of the revised commercial quotas for North Carolina and Connecticut. DATES: Effective December 10, 2020, through December 31, 2020. FOR FURTHER INFORMATION CONTACT: Laura Hansen, Fishery Management Specialist, (978) 281–9225. SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder fishery are found in 50 CFR 648.100 through 648.110. These regulations require annual specification of a commercial quota that is SUMMARY: E:\FR\FM\15DER1.SGM 15DER1 Federal Register / Vol. 85, No. 241 / Tuesday, December 15, 2020 / Rules and Regulations apportioned among the coastal states from Maine through North Carolina. The process to set the annual commercial quota and the percent allocated to each state is described in § 648.102 and final 2020 allocations were published on October 9, 2019 (84 FR 54041). The final rule implementing Amendment 5 to the Summer Flounder Fishery Management Plan, as published in the Federal Register on December 17, 1993 (58 FR 65936), provided a mechanism for transferring summer flounder commercial quota from one state to another. Two or more states, under mutual agreement and with the concurrence of the NMFS Greater Atlantic Regional Administrator, can transfer or combine summer flounder commercial quota under § 648.102(c)(2). The Regional Administrator must approve any such transfer based on the criteria in § 648.102(c)(2)(i). In evaluating requests to transfer a quota or combine quotas, the Regional Administrator shall consider whether: The transfer or combinations would preclude the overall annual quota from being fully harvested; the transfer addresses an unforeseen variation or contingency in the fishery; and the transfer is consistent with the objectives of the FMP and the Magnuson-Stevens Act. North Carolina is transferring 50,000 lb (22,680 kg) to Connecticut. This transfer is occurring through mutual agreement of the states. This transfer was requested to ensure Connecticut would not exceed its 2020 quota. The revised summer flounder quotas for fishing year 2020 are now: North Carolina, 3,035,501 lb (1,376,880 kg); and Connecticut, 350,241 lb (158,867 kg). Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR 648.102(c)(2)(i)(A) through (C), which was issued pursuant to section 304(b), and is exempted from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: December 10, 2020. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2020–27561 Filed 12–10–20; 4:15 pm] BILLING CODE 3510–22–P VerDate Sep<11>2014 16:21 Dec 14, 2020 Jkt 253001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 200623–0167; RTID 0648– XA706] Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; Quota Transfers From MA to NC, DE to RI, and VA to NY National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notification; quota transfers. AGENCY: NMFS announces that the Commonwealth of Massachusetts, the State of Delaware, and the Commonwealth of Virginia are transferring a portion of their 2020 commercial bluefish quota to the State of North Carolina, the State of Rhode Island, and the State of New York, respectively. These quota adjustments are necessary to comply with the Atlantic Bluefish Fishery Management Plan quota transfer provisions. This announcement informs the public of the revised commercial bluefish quotas for Massachusetts, North Carolina, Delaware, Rhode Island, Virginia, and New York. DATES: Effective December 14, 2020 through December 31, 2020. FOR FURTHER INFORMATION CONTACT: Laura Hansen, Fishery Management Specialist, (978) 281–9225. SUPPLEMENTARY INFORMATION: Regulations governing the Atlantic bluefish fishery are found in 50 CFR 648.160 through 648.167. These regulations require annual specification of a commercial quota that is apportioned among the coastal states from Maine through Florida. The process to set the annual commercial quota and the percent allocated to each state is described in § 648.162, and the final 2020 allocations were published on June 29, 2020 (85 FR 38794). The final rule implementing Amendment 1 to the Bluefish Fishery Management Plan (FMP) published in the Federal Register on July 26, 2000 (65 FR 45844), and provided a mechanism for transferring bluefish quota from one state to another. Two or more states, under mutual agreement and with the concurrence of the NMFS Greater Atlantic Regional Administrator, can request approval to transfer or combine bluefish commercial quota under § 648.162(e)(1)(i) through (iii). SUMMARY: PO 00000 Frm 00071 Fmt 4700 Sfmt 4700 81155 The Regional Administrator must approve any such transfer based on the criteria in § 648.162(e). In evaluating requests to transfer a quota or combine quotas, the Regional Administrator shall consider whether: The transfer or combinations would preclude the overall annual quota from being fully harvested; the transfer addresses an unforeseen variation or contingency in the fishery; and the transfer is consistent with the objectives of the FMP and the Magnuson-Stevens Fishery Conservation and Management Act. Massachusetts is transferring 55,000 lb (24,948 kg) of bluefish commercial quota to North Carolina; Delaware is transferring 30,000 lb (13,608 kg) to Rhode Island; and Virginia is transferring 50,000 lb (22,679 kg) to New York, through mutual agreement of the states. These transfers were requested to ensure that North Carolina, Rhode Island, and New York would not exceed their 2020 state quotas. The revised bluefish quotas for 2020 are: Massachusetts, 115,838 lb (52,543 kg); North Carolina, 1,056,058 lb (479,020 kg); Delaware, 21,966 lb (9,964 kg); Rhode Island, 343,366 lb (155,748 kg); Virginia, 203,682 lb (92,389 kg); and New York, 387,335 lb (175,692 kg). Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR 648.162(e)(1)(i) through (iii), which was issued pursuant to section 304(b), and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: December 10, 2020. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2020–27538 Filed 12–14–20; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 200227–0066; RTID 0648– XA701] Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: E:\FR\FM\15DER1.SGM 15DER1

Agencies

[Federal Register Volume 85, Number 241 (Tuesday, December 15, 2020)]
[Rules and Regulations]
[Pages 81154-81155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27561]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[RTID 0648-XA707]


Fisheries of the Northeastern United States; Summer Flounder 
Fishery; Quota Transfer From NC to CT

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

ACTION: Notice; quota transfer.

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SUMMARY: NMFS announces that the State of North Carolina is 
transferring a portion of its 2020 commercial summer flounder quota to 
the State of Connecticut. This quota adjustment is necessary to comply 
with the Summer Flounder, Scup, and Black Sea Bass Fishery Management 
Plan quota transfer provisions. This announcement informs the public of 
the revised commercial quotas for North Carolina and Connecticut.

DATES: Effective December 10, 2020, through December 31, 2020.

FOR FURTHER INFORMATION CONTACT: Laura Hansen, Fishery Management 
Specialist, (978) 281-9225.

SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder 
fishery are found in 50 CFR 648.100 through 648.110. These regulations 
require annual specification of a commercial quota that is

[[Page 81155]]

apportioned among the coastal states from Maine through North Carolina. 
The process to set the annual commercial quota and the percent 
allocated to each state is described in Sec.  648.102 and final 2020 
allocations were published on October 9, 2019 (84 FR 54041).
    The final rule implementing Amendment 5 to the Summer Flounder 
Fishery Management Plan, as published in the Federal Register on 
December 17, 1993 (58 FR 65936), provided a mechanism for transferring 
summer flounder commercial quota from one state to another. Two or more 
states, under mutual agreement and with the concurrence of the NMFS 
Greater Atlantic Regional Administrator, can transfer or combine summer 
flounder commercial quota under Sec.  648.102(c)(2). The Regional 
Administrator must approve any such transfer based on the criteria in 
Sec.  648.102(c)(2)(i). In evaluating requests to transfer a quota or 
combine quotas, the Regional Administrator shall consider whether: The 
transfer or combinations would preclude the overall annual quota from 
being fully harvested; the transfer addresses an unforeseen variation 
or contingency in the fishery; and the transfer is consistent with the 
objectives of the FMP and the Magnuson-Stevens Act.
    North Carolina is transferring 50,000 lb (22,680 kg) to 
Connecticut. This transfer is occurring through mutual agreement of the 
states. This transfer was requested to ensure Connecticut would not 
exceed its 2020 quota. The revised summer flounder quotas for fishing 
year 2020 are now: North Carolina, 3,035,501 lb (1,376,880 kg); and 
Connecticut, 350,241 lb (158,867 kg).

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 648.102(c)(2)(i)(A) 
through (C), which was issued pursuant to section 304(b), and is 
exempted from review under Executive Order 12866.

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

    Dated: December 10, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-27561 Filed 12-10-20; 4:15 pm]
BILLING CODE 3510-22-P