Fisheries of the Northeastern United States; Golden Tilefish Fishery; Final 2021 and Projected 2022 Specifications and Emergency Action, 82944-82946 [2020-27852]
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Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Rules and Regulations
golden tilefish fishery and projected
specifications for 2022. This action also
implements temporary emergency
measures for the golden tilefish fishery
Parts
per
Commodity
million
at the request of the Mid-Atlantic
Fishery Management Council. This
Wheatgrass, intermediate,
action establishes allowable harvest
straw ..................................
50
levels and other management measures
to prevent overfishing while allowing
*
*
*
*
*
optimum yield, consistent with the
[FR Doc. 2020–28128 Filed 12–17–20; 11:15 am]
Magnuson-Stevens Fishery
BILLING CODE 6560–50–P
Conservation and Management Act and
the Tilefish Fishery Management Plan.
The emergency measures allow a
DEPARTMENT OF COMMERCE
limited one-time carryover of up to 5
percent of unharvested fishing quota
National Oceanic and Atmospheric
from the 2020 fishing year into the 2021
Administration
fishing year.
DATES: This rule is effective December
50 CFR Part 648
21, 2020. Emergency action measures
[Docket No. 201214–0337]
expire June 19, 2021. The 2021
specification measures expire November
RIN 0648–BJ98
1, 2021.
Fisheries of the Northeastern United
ADDRESSES: Copies of the Supplemental
States; Golden Tilefish Fishery; Final
Information Report prepared for this
2021 and Projected 2022 Specifications action are available from Dr.
and Emergency Action
Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery
AGENCY: National Marine Fisheries
Management Council, 800 North State
Service (NMFS), National Oceanic and
Street, Suite 201, Dover, DE 19901.
Atmospheric Administration (NOAA),
These documents are also accessible via
Commerce.
the internet at https://www.mafmc.org.
ACTION: Final rule.
FOR FURTHER INFORMATION CONTACT:
SUMMARY: NMFS announces final
Douglas Potts, Fishery Policy Analyst,
specifications for the 2021 commercial
(978) 281–9341.
TABLE 1 TO PARAGRAPH (a)—
Continued
SUPPLEMENTARY INFORMATION:
Background
The Mid-Atlantic Fishery
Management Council manages the
golden tilefish fishery under the Tilefish
Fishery Management Plan (FMP), which
outlines the Council’s process for
establishing annual specifications. The
FMP requires the Council to recommend
acceptable biological catch (ABC),
annual catch limit (ACL), annual catch
target (ACT), total allowable landings
(TAL), and other management measures,
for up to 3 years at a time. The directed
fishery is managed under an individual
fishing quota (IFQ) program, with small
amounts of non-IFQ catch allowed
under an incidental permit. Detailed
background information regarding the
development of the 2021–2022
specifications for this fishery was
provided in the specifications proposed
rule (85 FR 72616; November 13, 2020).
That information is not repeated here.
Specifications
The table below shows the 2021 and
projected 2022 specifications including
the ABC, ACL, ACT, and TAL for the
commercial Mid-Atlantic golden tilefish
fishery. NMFS will publish a notice in
the Federal Register before the 2022
fishing year notifying the public of the
final specifications.
TABLE 1—2021 AND PROJECTED 2022 GOLDEN TILEFISH SPECIFICATIONS
2021
million lb
ABC .................................................................................................................................
ACL .................................................................................................................................
IFQ ACT ..........................................................................................................................
Incidental ACT .................................................................................................................
IFQ TAL ...........................................................................................................................
Incidental TAL .................................................................................................................
Under the FMP, 95 percent of the ACL
is allocated for the IFQ fishery, and the
remaining 5 percent is allocated for the
incidental fishery. This results in the
ACT for each. The TAL for each of these
sectors of the fishery is derived by
deducting anticipated discards of
tilefish from the ACT.
This action makes no changes to
possession limits in the golden tilefish
fishery. The incidental trip limit
remains 500 lb (226.8 kg) (live weight),
or 50 percent of the weight of all fish
being landed, whichever is less, and the
recreational catch limit remains eight
fish per angler per trip.
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19:44 Dec 18, 2020
Jkt 253001
1.636
1.636
1.554
0.082
1.554
0.070
Emergency Action
At its April 2020 meeting, the Council
requested that NMFS take emergency
action to allow a 5 percent carryover of
unharvested IFQ quota from fishing year
2020 to 2021. The tilefish IFQ program
does not normally allow any carryover
of unharvested allocation from one
fishing year into the next. Unforeseen
changes in the market for seafood
resulting from the COVID–19 pandemic,
particularly the loss of restaurant sales
due to local closure orders, have
substantially reduced demand for
golden tilefish. A review of golden
tilefish IFQ landings from November 1,
2019, through June 30, 2020, shows that
landings were approximately 18.5-
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Projected 2022
mt
million lb
742
742
705
37
705
32
1.636
1.636
1.554
0.082
1.554
0.070
mt
742
742
705
37
705
32
percent below the same date in 2018
and 2019. Because of this
unprecedented impact on the fishery,
we are implementing this one-time carry
over under our emergency rulemaking
authority specified in section 305(c) of
the Magnuson-Stevens Act.
Each IFQ quota shareholder will be
able to carry over 2020 IFQ quota
pounds that are not used to land tilefish
before the end of the fishing year, up to
a maximum amount of 5 percent of their
initial 2020 IFQ quota pounds. Final
IFQ accounting is normally completed
in December or January, after all
landings data has been submitted and
undergone normal reviews for quality
control and quality assurance.
Following that accounting, IFQ quota
E:\FR\FM\21DER1.SGM
21DER1
Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Rules and Regulations
shareholders that land less than 95
percent of their initial 2020 quota
pounds will receive the full 5-percent
carryover. Those that land between 95
and 100 percent of their initial 2020
quota pounds will receive the amount
they were under. Revised 2020
allocation permits indicating the
amount of any carryover will be issued
to each IFQ quota shareholder. Any
increase in the 2021 IFQ TAL reflects
2020 IFQ TAL that was not harvested.
Thus, total landings for 2020 and 2021
will remain at or below the combined
IFQ TAL for the 2 years.
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. NMFS has
determined that allowing the carryover
of unharvested tilefish IFQ quota
pounds as described above meets the
three criteria for emergency action for
the reasons outlined below.
The emergency results from recent,
unforeseen events or recently
discovered circumstances. On March 13,
2020, a national emergency was
declared in response to the global
spread of a novel coronavirus (SARSCoV–2), and the outbreaks of the disease
caused by this virus, COVID–19. State
governors across the Greater Atlantic
region declared states of emergency and
implemented health and travel
restrictions in recognition of the
growing impacts and risks of COVID–19.
The tilefish industry began to
experience impacts from the COVID–19
pandemic in March 2020. These impacts
were unforeseen during the
development of management measures
for the 2020 fishing year that began on
November 1, 2019.
The emergency presents serious
conservation or management problems
in the fishery. When state governors
VerDate Sep<11>2014
19:44 Dec 18, 2020
Jkt 253001
across the Greater Atlantic region
declared states of emergency, it became
exceedingly difficult for members of the
tilefish industry to complete fishing
trips and sell their catch to federally
permitted tilefish dealers. Even after
some tilefish dealer activity resumed,
the ability of tilefish IFQ quota holders
to harvest their quota remained very
limited, and a number of fishermen
were unable to harvest their full quota
for the 2020 fishing year. This
emergency action would help prevent
additional economic losses to industry
participants, shoreside businesses, and
fishing communities, and help offset
lost fishing opportunities during the
2020 fishing year.
Although the Council has the
authority to develop a management
action to authorize carryover, an
emergency action can be developed and
implemented by NMFS more swiftly
than a Council action that is subject to
requirements not applicable to the
Secretary. If the normal Council process
is used to implement carryover
provisions, it would take substantially
longer for those provisions to be
implemented and could prevent vessels
from harvesting carryover at an
opportune time in the upcoming fishing
year. It was not possible to implement
these changes for the start of the 2021
fishing year through rulemaking
following the normal Council process
because of time required for the Council
to develop a FMP amendment or
framework adjustment. If implemented
through emergency action, carryover
allocation will be available to fishermen
early in the tilefish fishing year, which
allows maximum flexibility and ensures
the intended benefits of this action are
realized. Making carryover quota
available for as much of the fishing year
as possible is important to allow tilefish
permit holders to plan to use additional
quota when it is most beneficial to
them. Section 305(c) of the MagnusonStevens Act specifies that emergency
regulations may only remain in effect
for 180 days from the date of
publication and may be extended for
one additional period of not more than
186 days.
Comments
The public comment period for the
proposed rule ended on November 30,
2020. We received no relevant
comments on the proposed rule.
Changes from Proposed to Final Rule
There are no changes from the
proposed rule.
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82945
Classification
NMFS is issuing this rule pursuant to
sections and 304(b) and 305(c) of the
Magnuson Stevens Act, which provide
specific authority and procedure for
implementing this action. Section
304(b) authorizes NMFS to implement
regulations implementing a fishery
management plan or plan amendment.
Section 305(c) authorizes NMFS to
implement regulations at the request of
the Council to address an emergency in
the fishery. The NMFS Assistant
Administrator has determined that this
rule is consistent with the Tilefish FMP,
other provisions of the MagnusonStevens Act, and other applicable law,
subject to further consideration after
public comment.
The Assistant Administrator
Fisheries, NOAA (AA) finds the need to
implement these measures in a timely
manner to implement the final harvest
limits for the 2021 fishing year that
started on November 1, 2020, and to
implement emergency measures to
allow the carryover of up to 5 percent
of unharvested IFQ quota, constitutes
good cause under authority contained in
5 U.S.C. 553(d)(3), to waive the 30-day
delay in effective date and make the rule
effective immediately upon publication
in the Federal Register. The 2021
tilefish fishing year is already underway
and delaying the effective date for this
rule would undermine the intent of this
rule. A full assessment of the potential
impacts of the emergency measures in
this action was not available until late
October, delaying the publication of the
proposed rule for this action.
The 30-day delay in implementation
for this rule is also unnecessary because
this rule contains no new measures (e.g.,
requiring new nets or equipment) for
which regulated entities need time to
prepare or revise their current practices.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
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.
This final rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
E:\FR\FM\21DER1.SGM
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82946
Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Rules and Regulations
Authority: 16 U.S.C. 1801 et seq.
DATES:
This rule is effective January 1,
2021.
Dated: December 14, 2020.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs,National Marine
Fisheries Service.
A Supplemental
Information Report (SIR) was prepared
for the 2021 summer flounder, scup,
and black sea bass specifciations. Copies
of the SIR are available on request from
Dr. Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery
Management Council, Suite 201, 800
North State Street, Dover, DE 19901.
The SIR is also accessible via the
internet at https://www.mafmc.org/s/SF_
2020-2021_specs_EA.pdf.
FOR FURTHER INFORMATION CONTACT:
Emily Keiley, Fishery Policy Analyst,
(978) 281–9116.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
[FR Doc. 2020–27852 Filed 12–18–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 201214–0338; RTID 0648–
XX006]
Fisheries of the Northeastern United
States; Summer Flounder, Scup, and
Black Sea Bass 2021 Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS announces 2021
specifications for the summer flounder,
scup, and black sea fisheries. The
implementing regulations for the
Summer Flounder, Scup, and Black Sea
Bass Fishery Management Plan require
us to publish specifications for the
upcoming fishing year for each of these
species. This action is intended to
inform the public of the specifications
for the start of the 2021 fishing year for
summer flounder, scup, and black sea
bass.
SUMMARY:
General Background
The Mid-Atlantic Fishery
Management Council and the Atlantic
States Marine Fisheries Commission
cooperatively manage the summer
flounder, scup, and black sea bass
fisheries. The Summer Flounder, Scup,
and Black Sea Bass Fishery Management
Plan (FMP) outlines the Council’s
process for establishing specifications.
The FMP requires NMFS to set an
acceptable biological catch (ABC),
annual catch limit (ACL), annual catch
targets (ACT), commercial quotas,
recreational harvest limits (RHL), and
other management measures, for 1 to 3
years at a time. Projected 2021
specifications for summer flounder (84
FR 54041; October 9, 2019) and scup
and black sea bass (85 FR 29345; May
15, 2020) were previously announced.
This action revises the 2021 ABC limits,
as well as the recreational and
commercial ACLs, ACTs, commercial
quotas, and RHLs for all three species,
consistent with the recommendations
made by the Commission’s Summer
Flounder, Scup, and Black Sea Bass
Board and the Council at their joint
August 2020 meeting. These revisions
are primarily based on recent changes to
the Council’s risk policy that we
approved on December 15, 2020. The
risk policy defines the acceptable risk of
overfishing associated with an ABC. The
revised risk policy allows for increased
risk of overfishing under high stock
biomass conditions compared to the
previous risk policy. The change is
greatest for stocks with biomass above
the target level (BMSY).
Final 2021 Specifications
Summer Flounder Specifications
For summer flounder, applying the
revised risk policy, keeping all other
relevant factors the same as previously
adopted, results in an increase in the
2021 ABC from 25.03 million lb (11,354
mt) to 27.11 million lb (12,297 mt). This
represents an 8-percent increase in the
ABC and an increase in the probability
of overfishing from 34 to 39 percent.
Given the high biomass (healthy stock
status) of summer flounder, the revised
risk policy allows for a slightly
increased risk of overfishing, which
balances fishery access with the
prevention of overfishing. Section 5.1 of
the Council’s SIR provides information
on how the revised ABC was calculated
using the new risk policy. The resulting
catch and landings limits are shown in
Table 1.
TABLE 1—SUMMARY OF THE FINAL 2021 SUMMER FLOUNDER FISHERY SPECIFICATIONS
2021 Specifications
million lb
OFL ..........................................................................................................................................................................
ABC ..........................................................................................................................................................................
Commercial ACL ......................................................................................................................................................
Commercial ACT .....................................................................................................................................................
Commercial Quota ...................................................................................................................................................
Recreational ACL .....................................................................................................................................................
Recreational ACT ....................................................................................................................................................
Recreational Harvest Limit ......................................................................................................................................
We also recently approved (October
19, 2020) and implemented (December
14 2020, 85 FR 80661) Amendment 21
to the FMP. Amendment 21 implements
a new state-by-state allocation formula
for the commercial summer flounder
VerDate Sep<11>2014
19:44 Dec 18, 2020
Jkt 253001
fishery. The revised allocation formula
was used to set the final 2021 summer
flounder commercial state quotas. In
addition to the revised allocation
formula, the final state summer flounder
quotas take into account any overages
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31.67
27.11
14.63
14.63
12.49
12.48
12.48
8.32
mt
14,367
12,297
6,635
6,635
5,663
5,662
5,662
3,776
that occurred during the 2019 or current
fishing year, through October 31, as
described at 50 CFR 648.103(b)(2). The
final 2021 state-by-state summer
flounder quotas are provided in Table 2.
E:\FR\FM\21DER1.SGM
21DER1
]]>Agencies
[Federal Register Volume 85, Number 245 (Monday, December 21, 2020)]
[Rules and Regulations]
[Pages 82944-82946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27852]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 201214-0337]
RIN 0648-BJ98
Fisheries of the Northeastern United States; Golden Tilefish
Fishery; Final 2021 and Projected 2022 Specifications and Emergency
Action
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS announces final specifications for the 2021 commercial
golden tilefish fishery and projected specifications for 2022. This
action also implements temporary emergency measures for the golden
tilefish fishery at the request of the Mid-Atlantic Fishery Management
Council. This action establishes allowable harvest levels and other
management measures to prevent overfishing while allowing optimum
yield, consistent with the Magnuson-Stevens Fishery Conservation and
Management Act and the Tilefish Fishery Management Plan. The emergency
measures allow a limited one-time carryover of up to 5 percent of
unharvested fishing quota from the 2020 fishing year into the 2021
fishing year.
DATES: This rule is effective December 21, 2020. Emergency action
measures expire June 19, 2021. The 2021 specification measures expire
November 1, 2021.
ADDRESSES: Copies of the Supplemental Information Report prepared for
this action are available from Dr. Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery Management Council, 800 North State
Street, Suite 201, Dover, DE 19901. These documents are also accessible
via the internet at https://www.mafmc.org.
FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst,
(978) 281-9341.
SUPPLEMENTARY INFORMATION:
Background
The Mid-Atlantic Fishery Management Council manages the golden
tilefish fishery under the Tilefish Fishery Management Plan (FMP),
which outlines the Council's process for establishing annual
specifications. The FMP requires the Council to recommend acceptable
biological catch (ABC), annual catch limit (ACL), annual catch target
(ACT), total allowable landings (TAL), and other management measures,
for up to 3 years at a time. The directed fishery is managed under an
individual fishing quota (IFQ) program, with small amounts of non-IFQ
catch allowed under an incidental permit. Detailed background
information regarding the development of the 2021-2022 specifications
for this fishery was provided in the specifications proposed rule (85
FR 72616; November 13, 2020). That information is not repeated here.
Specifications
The table below shows the 2021 and projected 2022 specifications
including the ABC, ACL, ACT, and TAL for the commercial Mid-Atlantic
golden tilefish fishery. NMFS will publish a notice in the Federal
Register before the 2022 fishing year notifying the public of the final
specifications.
Table 1--2021 and Projected 2022 Golden Tilefish Specifications
----------------------------------------------------------------------------------------------------------------
2021 Projected 2022
----------------------------------------------------
million lb mt million lb mt
----------------------------------------------------------------------------------------------------------------
ABC........................................................ 1.636 742 1.636 742
ACL........................................................ 1.636 742 1.636 742
IFQ ACT.................................................... 1.554 705 1.554 705
Incidental ACT............................................. 0.082 37 0.082 37
IFQ TAL.................................................... 1.554 705 1.554 705
Incidental TAL............................................. 0.070 32 0.070 32
----------------------------------------------------------------------------------------------------------------
Under the FMP, 95 percent of the ACL is allocated for the IFQ
fishery, and the remaining 5 percent is allocated for the incidental
fishery. This results in the ACT for each. The TAL for each of these
sectors of the fishery is derived by deducting anticipated discards of
tilefish from the ACT.
This action makes no changes to possession limits in the golden
tilefish fishery. The incidental trip limit remains 500 lb (226.8 kg)
(live weight), or 50 percent of the weight of all fish being landed,
whichever is less, and the recreational catch limit remains eight fish
per angler per trip.
Emergency Action
At its April 2020 meeting, the Council requested that NMFS take
emergency action to allow a 5 percent carryover of unharvested IFQ
quota from fishing year 2020 to 2021. The tilefish IFQ program does not
normally allow any carryover of unharvested allocation from one fishing
year into the next. Unforeseen changes in the market for seafood
resulting from the COVID-19 pandemic, particularly the loss of
restaurant sales due to local closure orders, have substantially
reduced demand for golden tilefish. A review of golden tilefish IFQ
landings from November 1, 2019, through June 30, 2020, shows that
landings were approximately 18.5-percent below the same date in 2018
and 2019. Because of this unprecedented impact on the fishery, we are
implementing this one-time carry over under our emergency rulemaking
authority specified in section 305(c) of the Magnuson-Stevens Act.
Each IFQ quota shareholder will be able to carry over 2020 IFQ
quota pounds that are not used to land tilefish before the end of the
fishing year, up to a maximum amount of 5 percent of their initial 2020
IFQ quota pounds. Final IFQ accounting is normally completed in
December or January, after all landings data has been submitted and
undergone normal reviews for quality control and quality assurance.
Following that accounting, IFQ quota
[[Page 82945]]
shareholders that land less than 95 percent of their initial 2020 quota
pounds will receive the full 5-percent carryover. Those that land
between 95 and 100 percent of their initial 2020 quota pounds will
receive the amount they were under. Revised 2020 allocation permits
indicating the amount of any carryover will be issued to each IFQ quota
shareholder. Any increase in the 2021 IFQ TAL reflects 2020 IFQ TAL
that was not harvested. Thus, total landings for 2020 and 2021 will
remain at or below the combined IFQ TAL for the 2 years.
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. NMFS has
determined that allowing the carryover of unharvested tilefish IFQ
quota pounds as described above meets the three criteria for emergency
action for the reasons outlined below.
The emergency results from recent, unforeseen events or recently
discovered circumstances. On March 13, 2020, a national emergency was
declared in response to the global spread of a novel coronavirus (SARS-
CoV-2), and the outbreaks of the disease caused by this virus, COVID-
19. State governors across the Greater Atlantic region declared states
of emergency and implemented health and travel restrictions in
recognition of the growing impacts and risks of COVID-19. The tilefish
industry began to experience impacts from the COVID-19 pandemic in
March 2020. These impacts were unforeseen during the development of
management measures for the 2020 fishing year that began on November 1,
2019.
The emergency presents serious conservation or management problems
in the fishery. When state governors across the Greater Atlantic region
declared states of emergency, it became exceedingly difficult for
members of the tilefish industry to complete fishing trips and sell
their catch to federally permitted tilefish dealers. Even after some
tilefish dealer activity resumed, the ability of tilefish IFQ quota
holders to harvest their quota remained very limited, and a number of
fishermen were unable to harvest their full quota for the 2020 fishing
year. This emergency action would help prevent additional economic
losses to industry participants, shoreside businesses, and fishing
communities, and help offset lost fishing opportunities during the 2020
fishing year.
Although the Council has the authority to develop a management
action to authorize carryover, an emergency action can be developed and
implemented by NMFS more swiftly than a Council action that is subject
to requirements not applicable to the Secretary. If the normal Council
process is used to implement carryover provisions, it would take
substantially longer for those provisions to be implemented and could
prevent vessels from harvesting carryover at an opportune time in the
upcoming fishing year. It was not possible to implement these changes
for the start of the 2021 fishing year through rulemaking following the
normal Council process because of time required for the Council to
develop a FMP amendment or framework adjustment. If implemented through
emergency action, carryover allocation will be available to fishermen
early in the tilefish fishing year, which allows maximum flexibility
and ensures the intended benefits of this action are realized. Making
carryover quota available for as much of the fishing year as possible
is important to allow tilefish permit holders to plan to use additional
quota when it is most beneficial to them. Section 305(c) of the
Magnuson-Stevens Act specifies that emergency regulations may only
remain in effect for 180 days from the date of publication and may be
extended for one additional period of not more than 186 days.
Comments
The public comment period for the proposed rule ended on November
30, 2020. We received no relevant comments on the proposed rule.
Changes from Proposed to Final Rule
There are no changes from the proposed rule.
Classification
NMFS is issuing this rule pursuant to sections and 304(b) and
305(c) of the Magnuson Stevens Act, which provide specific authority
and procedure for implementing this action. Section 304(b) authorizes
NMFS to implement regulations implementing a fishery management plan or
plan amendment. Section 305(c) authorizes NMFS to implement regulations
at the request of the Council to address an emergency in the fishery.
The NMFS Assistant Administrator has determined that this rule is
consistent with the Tilefish FMP, other provisions of the Magnuson-
Stevens Act, and other applicable law, subject to further consideration
after public comment.
The Assistant Administrator Fisheries, NOAA (AA) finds the need to
implement these measures in a timely manner to implement the final
harvest limits for the 2021 fishing year that started on November 1,
2020, and to implement emergency measures to allow the carryover of up
to 5 percent of unharvested IFQ quota, constitutes good cause under
authority contained in 5 U.S.C. 553(d)(3), to waive the 30-day delay in
effective date and make the rule effective immediately upon publication
in the Federal Register. The 2021 tilefish fishing year is already
underway and delaying the effective date for this rule would undermine
the intent of this rule. A full assessment of the potential impacts of
the emergency measures in this action was not available until late
October, delaying the publication of the proposed rule for this action.
The 30-day delay in implementation for this rule is also
unnecessary because this rule contains no new measures (e.g., requiring
new nets or equipment) for which regulated entities need time to
prepare or revise their current practices.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
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.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
[[Page 82946]]
Authority: 16 U.S.C. 1801 et seq.
Dated: December 14, 2020.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs,National Marine
Fisheries Service.
[FR Doc. 2020-27852 Filed 12-18-20; 8:45 am]
BILLING CODE 3510-22-P
