Fisheries of the Northeastern United States; Atlantic Deep-Sea Red Crab Fishery; Final 2021 Atlantic Deep-Sea Red Crab Specifications, 16077-16078 [2021-06287]

Download as PDF Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Rules and Regulations restrictions noted on the shark research permit apply. All other retention limits in the Atlantic region remain unchanged. This retention limit will remain at 55 LCS other than sandbar sharks per vessel per trip for the rest of 2021, or until NMFS announces another adjustment to the retention limit or a fishery closure via notification in the Federal Register, if warranted. Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR part 635, which was issued pursuant to section 304(c), and is exempt from review under Executive Order 12866. The Assistant Administrator for NMFS (AA) finds that it is impracticable and contrary to the public interest to provide prior notice of, and an opportunity for public comment on, this action for the following reasons: Based on recent data, NMFS has determined that landings have been very low (6 percent of the 168.9 mt dw shark quota for aggregated LCS management group and 7 percent of the 27.1 mt dw shark quota for the hammerhead management group). Delaying this action for prior notice and public comment would unnecessarily limit opportunities to harvest available aggregated LCS management group and hammerhead shark management group quotas, which may have negative social and economic impacts for U.S. fishers. This action does not raise conservation and management concerns. Adjusting retention limits does not affect the overall aggregated LCS management group and hammerhead shark management groups quotas, and available data show the adjustment would have a minimal risk of exceeding the quotas set for the aggregated LCS and hammerhead shark management groups for the Atlantic region in the December 1, 2020 final rule (85 FR 77007). NMFS notes that the public had an opportunity to comment on the underlying rulemakings that established the quota and retention limit adjustment criteria. Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment. For all of the above reasons, there is also good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness. Authority: 16 U.S.C. 1801 et seq. Dated: March 23, 2021. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–06310 Filed 3–23–21; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No.: 210322–0061; RTID 0648– XX067] Fisheries of the Northeastern United States; Atlantic Deep-Sea Red Crab Fishery; Final 2021 Atlantic Deep-Sea Red Crab Specifications National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: 16077 Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. We are finalizing specifications for the 2021 Atlantic deep-sea red crab fishery, including an annual catch limit and total allowable landings limit. This action is necessary to fully implement previously projected allowable red crab harvest levels that will prevent overfishing and allow harvesting of optimum yield. This action is intended to establish the allowable 2021 harvest levels, consistent with the Atlantic Deep-Sea Red Crab Fishery Management Plan. SUMMARY: The final specifications for the 2021 Atlantic deep-sea red crab fishery are effective April 26, 2021, through February 28, 2022. DATES: FOR FURTHER INFORMATION CONTACT: Allison Murphy, Fishery Policy Analyst, (978) 281–9122. The Atlantic deep-sea red crab fishery is managed by the New England Fishery Management Council. The Atlantic Deep-Sea Red Crab Fishery Management Plan includes a specification process that requires the New England Fishery Management Council to recommend an acceptable biological catch, an annual catch limit, and total allowable landings every 4 years. Collectively, these are the red crab specifications. Prior to the start of fishing year 2020, the Council recommended specifications for the 2020–2023 fishing years (Table 1). SUPPLEMENTARY INFORMATION: TABLE 1—COUNCIL-APPROVED 2020–2023 RED CRAB SPECIFICATIONS Metric ton khammond on DSKJM1Z7X2PROD with RULES Acceptable Biological Catch .................................................................................................................................... Annual Catch Limit .................................................................................................................................................. Total Allowable Landings ......................................................................................................................................... On April 14, 2020, we approved the Council-recommended specifications for the 2020 fishing year, effective through February 28, 2021, and we projected the continuation of those specifications for 2021–2023 (85 FR 20615). At the end of each fishing year, we evaluate catch information and determine if the quota has been exceeded. If a quota is exceeded, the regulations at 50 CFR 648.262(b) require a pound-for-pound reduction in a subsequent fishing year. We have reviewed available 2020 fishery information against the projected 2021 specifications. There have been no VerDate Sep<11>2014 16:24 Mar 25, 2021 Jkt 253001 annual catch limit or total allowable landings overages, nor is there any new biological information that would require altering the projected 2021 specifications published in 2020. Based on this information, we are finalizing specifications for fishing year 2021, as projected in the 2020 specifications rule (85 FR 20615), and outlined above in Table 1. These specifications are not expected to result in overfishing, and they adequately account for scientific uncertainty. PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 2,000 2,000 2,000 Million lb 4.41 4.41 4.41 Classification The NMFS Assistant Administrator has determined that this final rule is consistent with the Atlantic Deep-Sea Red Crab Fishery Management Plan, the Magnuson-Stevens Fishery Conservation and Management Act, and other applicable law. This rule is exempt from review under Executive Order 12866. Pursuant to 5 U.S.C. 553(b)(B), we find good cause to waive prior public notice and opportunity for public comment on the catch limit and allocation adjustments, because E:\FR\FM\26MRR1.SGM 26MRR1 16078 Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Rules and Regulations allowing time for notice and comment is unnecessary. The proposed rule for the 2020–2023 specifications provided the public with the opportunity to comment on the specifications, including the projected 2021 through 2023 specifications (85 FR 9717, February 20, 2020). We received no comments on the proposed rule announcing the projected 2021–2023 specification and the process for announcing finalized interim year quotas. Further, this final rule contains no changes from the projected 2021 specifications that were included in both the February 20, 2020, proposed rule and the April 14, 2020, final rule. The public and industry participants expect this action. Through both the proposed rule for the 2020–2023 specifications and the final rule for the 2020 specifications, we alerted the public that we would conduct a review of the latest available catch information in each of the interim years of the multiyear specifications, and announce the final quota prior to the March 1 start of the fishing year. Thus, the proposed and final rules that contained the projected 2021–2023 specifications provided a full opportunity for the public to comment on the substance and process of this action. The Chief Counsel for Regulation, Department of Commerce, previously certified to the Chief Counsel for Advocacy of the Small Business Administration (SBA) that the 2020– 2023 red crab specifications would not have a significant economic impact on a substantial number of small entities. Implementing the 2021 specifications will not change the conclusions drawn in that previous certification to the SBA. Because advance notice and the opportunity for public comment are not required for this action under the Administrative Procedure Act, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., do not apply to this rule. Therefore, no new regulatory flexibility analysis is required and none has been prepared. This action does not contain a collection of information requirement for the purposes of the Paperwork Reduction Act. Authority: 16 U.S.C. 1801 et seq. Dated: March 23, 2021. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2021–06287 Filed 3–25–21; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 210323–0063; RTID 0648– XA803] Corrections to Framework Adjustment 59 Revisions to Framework Adjustment 59 to the Northeast Multispecies Fishery Management Plan and Sector Annual Catch Entitlements; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; adjustment to specifications; correction. AGENCY: This final rule distributes sector allocation carried over from fishing year 2019 into fishing year 2020 and corrects minor errors published in the final rule approving and implementing Framework Adjustment 59 to the Northeast Multispecies Fishery Management Plan. This action is SUMMARY: necessary to correct errors published in the final rule and to allocate carryover quota to sectors. The carryover adjustments are routine and formulaic, and industry expects them each year. DATES: Effective March 25, 2021, through April 30, 2021. FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Management Specialist, (978) 281–9232. SUPPLEMENTARY INFORMATION: On July 30, 2020, we published a final rule approving Framework Adjustment 59 to the Northeast Multispecies Fishery Management Plan (FMP) (85 FR 45794; July 30, 2020), which set 2020–2022 annual catch limits (ACL) for four groundfish stocks, and 2020 ACLs for three shared U.S./Canada stocks. That action became effective on July 28, 2020. This rule corrects minor errors published in the Framework Adjustment 59 final rule and distributes unused sector quota carried over from fishing year 2019. Tables 12 through 14 published in the Framework Adjustment 59 final rule announced the Percent Sector Contribution (PSC) and initial Annual Catch Entitlements (ACE) allocated to individual sectors based on the approved catch limits for fishing year 2020. These tables erroneously labeled the values for the Maine Permit Bank (MPB) as if they were the values for the Mooncusser sector, and vice versa. These sectors have had their correct allocations for the duration of fishing year 2020; the typographical error in Framework 59 and this rule correcting it have no effect on the operations of these sectors in any way. The corrected information appears in tables 1 through 3 below. TABLE 1—CORRECTED FISHING YEAR 2020 PERCENT SECTOR CONTRIBUTION AND ANNUAL CATCH ENTITLEMENT FOR THE MAINE PERMIT BANK AND MOONCUSSER SECTORS, TABLES 12 THROUGH 14 IN FRAMEWORK ADJUSTMENT 59 Sector name khammond on DSKJM1Z7X2PROD with RULES MRI count Percent sector contribution GB Cod ........................ GB Cod East ............... GOM Cod .................... GB Haddock ................ GB Haddock East ........ GOM Haddock ............. GB Yellowtail Flounder SNE/MA Yellowtail Flounder ................... CC/GOM Yellowtail Flounder ................... Plaice ........................... VerDate Sep<11>2014 16:24 Mar 25, 2021 Maine Permit Bank Mooncusser 11 40 ACE (in 1,000 lb) ACE (in metric tons) Percent sector contribution ACE (in 1,000 lb) ACE (in metric tons) 0.13361103 N/A 1.15503867 0.04432773 N/A 1.12455699 0.01377701 1 3 7 16 103 299 0 0 1 3 7 47 136 0 11.87404994 N/A 3.36592802 3.72602983 N/A 3.03406286 0.38302570 49 231 20 1,331 8,680 807 1 22 105 9 604 3,937 366 0 0.03180705 0 0 0.32527727 0 0 0.31794656 1.16407583 5 75 2 34 2.58549375 0.76474219 39 50 18 22 Jkt 253001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\26MRR1.SGM 26MRR1

Agencies

[Federal Register Volume 86, Number 57 (Friday, March 26, 2021)]
[Rules and Regulations]
[Pages 16077-16078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06287]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.: 210322-0061; RTID 0648-XX067]


Fisheries of the Northeastern United States; Atlantic Deep-Sea 
Red Crab Fishery; Final 2021 Atlantic Deep-Sea Red Crab Specifications

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

ACTION: Final rule.

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SUMMARY: We are finalizing specifications for the 2021 Atlantic deep-
sea red crab fishery, including an annual catch limit and total 
allowable landings limit. This action is necessary to fully implement 
previously projected allowable red crab harvest levels that will 
prevent overfishing and allow harvesting of optimum yield. This action 
is intended to establish the allowable 2021 harvest levels, consistent 
with the Atlantic Deep-Sea Red Crab Fishery Management Plan.

DATES: The final specifications for the 2021 Atlantic deep-sea red crab 
fishery are effective April 26, 2021, through February 28, 2022.

FOR FURTHER INFORMATION CONTACT: Allison Murphy, Fishery Policy 
Analyst, (978) 281-9122.

SUPPLEMENTARY INFORMATION: The Atlantic deep-sea red crab fishery is 
managed by the New England Fishery Management Council. The Atlantic 
Deep-Sea Red Crab Fishery Management Plan includes a specification 
process that requires the New England Fishery Management Council to 
recommend an acceptable biological catch, an annual catch limit, and 
total allowable landings every 4 years. Collectively, these are the red 
crab specifications. Prior to the start of fishing year 2020, the 
Council recommended specifications for the 2020-2023 fishing years 
(Table 1).

       Table 1--Council-Approved 2020-2023 Red Crab Specifications
------------------------------------------------------------------------
                                            Metric ton      Million lb
------------------------------------------------------------------------
Acceptable Biological Catch.............           2,000            4.41
Annual Catch Limit......................           2,000            4.41
Total Allowable Landings................           2,000            4.41
------------------------------------------------------------------------

    On April 14, 2020, we approved the Council-recommended 
specifications for the 2020 fishing year, effective through February 
28, 2021, and we projected the continuation of those specifications for 
2021-2023 (85 FR 20615). At the end of each fishing year, we evaluate 
catch information and determine if the quota has been exceeded. If a 
quota is exceeded, the regulations at 50 CFR 648.262(b) require a 
pound-for-pound reduction in a subsequent fishing year. We have 
reviewed available 2020 fishery information against the projected 2021 
specifications. There have been no annual catch limit or total 
allowable landings overages, nor is there any new biological 
information that would require altering the projected 2021 
specifications published in 2020. Based on this information, we are 
finalizing specifications for fishing year 2021, as projected in the 
2020 specifications rule (85 FR 20615), and outlined above in Table 1. 
These specifications are not expected to result in overfishing, and 
they adequately account for scientific uncertainty.

Classification

    The NMFS Assistant Administrator has determined that this final 
rule is consistent with the Atlantic Deep-Sea Red Crab Fishery 
Management Plan, the Magnuson-Stevens Fishery Conservation and 
Management Act, and other applicable law.
    This rule is exempt from review under Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), we find good cause to waive prior 
public notice and opportunity for public comment on the catch limit and 
allocation adjustments, because

[[Page 16078]]

allowing time for notice and comment is unnecessary. The proposed rule 
for the 2020-2023 specifications provided the public with the 
opportunity to comment on the specifications, including the projected 
2021 through 2023 specifications (85 FR 9717, February 20, 2020). We 
received no comments on the proposed rule announcing the projected 
2021-2023 specification and the process for announcing finalized 
interim year quotas. Further, this final rule contains no changes from 
the projected 2021 specifications that were included in both the 
February 20, 2020, proposed rule and the April 14, 2020, final rule. 
The public and industry participants expect this action. Through both 
the proposed rule for the 2020-2023 specifications and the final rule 
for the 2020 specifications, we alerted the public that we would 
conduct a review of the latest available catch information in each of 
the interim years of the multi-year specifications, and announce the 
final quota prior to the March 1 start of the fishing year. Thus, the 
proposed and final rules that contained the projected 2021-2023 
specifications provided a full opportunity for the public to comment on 
the substance and process of this action.
    The Chief Counsel for Regulation, Department of Commerce, 
previously certified to the Chief Counsel for Advocacy of the Small 
Business Administration (SBA) that the 2020-2023 red crab 
specifications would not have a significant economic impact on a 
substantial number of small entities. Implementing the 2021 
specifications will not change the conclusions drawn in that previous 
certification to the SBA. Because advance notice and the opportunity 
for public comment are not required for this action under the 
Administrative Procedure Act, or any other law, the analytical 
requirements of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
do not apply to this rule. Therefore, no new regulatory flexibility 
analysis is required and none has been prepared.
    This action does not contain a collection of information 
requirement for the purposes of the Paperwork Reduction Act.

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

    Dated: March 23, 2021.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2021-06287 Filed 3-25-21; 8:45 am]
BILLING CODE 3510-22-P