Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder Fishery; Fishing Year 2021, 24360-24361 [2021-09604]
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Federal Register / Vol. 86, No. 86 / Thursday, May 6, 2021 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES
and tag-and-release programs at
§ 635.26. Anglers are also reminded that
all BFT that are released must be
handled in a manner that will maximize
survival, and without removing the fish
from the water, consistent with
requirements at § 635.21(a)(1). For
additional information on safe handling,
see the ‘‘Careful Catch and Release’’
brochure available at https://
www.fisheries.noaa.gov/resource/
outreach-and-education/careful-catchand-release-brochure.
HMS Angling category and HMS
Charter/Headboat permitted vessel
owners are required to report the catch
of all BFT retained or discarded dead,
within 24 hours of the landing(s) or end
of each trip, by accessing
hmspermits.noaa.gov, using the HMS
Catch Reporting app, or calling (888)
872–8862 (Monday through Friday from
8 a.m. until 4:30 p.m.).
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is consistent with
regulations at 50 CFR part 635, which
were issued pursuant to section 304(c)
of the Magnuson-Stevens Act and the
Atlantic Tunas Convention Act, 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: The
regulations implementing the 2006
Consolidated HMS FMP and
amendments provide for inseason
retention limit adjustments and fishery
closures to respond to the unpredictable
nature of BFT availability on the fishing
grounds, the migratory nature of this
species, and the regional variations in
the BFT fishery. The closure of the
Angling category Gulf of Mexico
incidental trophy fishery is necessary to
prevent any further overharvest of the
Gulf of Mexico incidental trophy
subquota. NMFS provides notification
of closures by publishing the notice in
the Federal Register, emailing
individuals who have subscribed to the
Atlantic HMS News electronic
newsletter, and updating the
information posted on the Atlantic
Tunas Information Line and on
hmspermits.noaa.gov.
These fisheries are currently
underway, and delaying this action
would be contrary to the public interest
as it could result in excessive trophy
BFT landings that may result in future
potential quota reductions for the
Angling category, depending on the
VerDate Sep<11>2014
16:26 May 05, 2021
Jkt 253001
magnitude of a potential Angling
category overharvest. NMFS must close
the Gulf of Mexico incidental trophy
BFT fishery before additional landings
of these sizes of BFT occur. 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 good cause
under 5 U.S.C. 553(d) to waive the 30day delay in effectiveness.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: May 3, 2021.
Kelly Denit,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2021–09614 Filed 5–3–21; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 210503–0094]
RIN 0648–BK32
Fisheries of the Northeastern United
States; Recreational Management
Measures for the Summer Flounder
Fishery; Fishing Year 2021
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS announces
management measures for the 2021
summer flounder recreational fishery.
The implementing regulations for this
fishery require NMFS to publish
recreational measures for the fishing
year. The intent of this action is to
achieve, but not exceed, the 2021
summer flounder recreational harvest
limit and thereby prevent overfishing on
the summer flounder stock.
DATES: This rule is effective May 5,
2021.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Emily Keiley, Fishery Policy Analyst,
(978) 281–9116.
SUPPLEMENTARY INFORMATION: The MidAtlantic Fishery Management Council
and the Atlantic States Marine Fisheries
Commission jointly manage summer
flounder. The Council and
Commission’s Summer Flounder
Management Board meet jointly each
year to recommend recreational
management measures for summer
flounder.
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
In this final rule, NMFS is
implementing conservation equivalency
to manage the 2021 summer flounder
recreational fishery, as proposed on
April 6, 2021 (86 FR 17764). The
approval of conservation equivalency
means that we are waiving Federal
summer flounder recreational measures
in Federal waters for all federally
permitted summer flounder party/
charter vessels, regardless of where they
fish. States, through the Commission,
are collectively implementing measures
designed to constrain landings to the
2021 recreational harvest limit. Vessels
fishing in Federal waters and Federal
party/charter vessels are subject to the
regulations in the state they land. These
measures are consistent with the
recommendations of the Council and
the Commission. Additional
information on the development of
these measures is provided in the
proposed rule and not repeated here.
Conservation equivalency, as
established by Framework Adjustment 2
(66 FR 36208; July 11, 2001), allows
each state to establish its own
recreational management measures
(possession limits, fish size, and fishing
seasons) to achieve its state harvest limit
established by the Commission from the
coastwide recreational harvest limit, as
long as the combined effect of all of the
states’ management measures achieves
the same level of conservation as
Federal coastwide measures. Framework
Adjustment 6 (71 FR 42315; July 26,
2006) allows states to form regions for
conservation equivalency in order to
minimize differences in regulations for
anglers fishing in adjacent waters.
Similar to the 2016–2020 program, the
2021 management program adopted by
the Commission divides the recreational
fishery into six management regions: (1)
Massachusetts; (2) Rhode Island; (3)
Connecticut-New York; (4) New Jersey;
(5) Delaware-Virginia; and (6) North
Carolina. Each state within a region
must implement identical or equivalent
measures (fish size, bag limit, and
fishing season length), and the
combination of those measures must be
sufficient to achieve, but not exceed, the
recreational harvest limit.
Based on the Commission’s
recommendation, we find that the 2021
recreational fishing measures required
to be implemented in state waters are,
collectively, the conservation equivalent
of the season, fish size, and possession
limit prescribed in 50 CFR 648.104(b),
648.105, and 648.106(a). According to
§ 648.107(a)(1), vessels subject to the
recreational fishing measures are not
subject to Federal measures, and instead
are subject to the recreational fishing
measures implemented by the state in
E:\FR\FM\06MYR1.SGM
06MYR1
Federal Register / Vol. 86, No. 86 / Thursday, May 6, 2021 / Rules and Regulations
which they land. Section 648.107(a) is
amended through this final rule to
recognize state-implemented measures
as the conservation equivalent of the
Federal coastwide recreational
management measures for 2021.
In addition, this action reaffirms the
default coastwide measures (a 19-inch
(48.3-cm) minimum size, four-fish
possession limit, and May 15 through
September 15 open fishing season), that
becomes effective January 1, 2022, upon
the expiration of the 2021 conservation
equivalency program.
Changes From the Proposed Rule
There are no changes from the
proposed rule.
Comments and Responses
NMFS received seven comments on
the proposed rule, none of which were
directly related to the proposed
measures. Four comments were related
to state-specific measures and offered
concerns over the minimum fish sizes
and a perceived lack of recognition of
changing fish distribution. Two
comments relayed concerns about
commercial fishing regulations and
general complaints over the
management of summer flounder. One
commenter discussed a number of
ongoing management actions that may
impact the future management of the
recreational summer flounder fishery.
Although there may be future changes to
recreational summer flounder
management, at this time we are
required to either approve conservation
equivalency, as this final rule does, or
implement coastwide measures. None of
these commenters suggested the
adoption of coastwide measures or the
imposition of the precautionary default
measures, which would be alternatives
to the conservational equivalent
approach of the proposed rule. All
comments received were outside the
scope of this action. No changes to the
final rule are made based on the
submitted comments.
khammond on DSKJM1Z7X2PROD with RULES
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the Assistant
Administrator has determined that this
final rule is consistent with the Summer
VerDate Sep<11>2014
16:26 May 05, 2021
Jkt 253001
Flounder, Scup, and Black Sea Bass
FMP, other provisions of the MagnusonStevens Act, and other applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Assistant Administrator for
Fisheries, NOAA, finds good cause
under 5 U.S.C. 553(d)(3) to waive the
30-day delay of effectiveness period for
this rule, to ensure that the final
management measures are in place as
soon as possible.
The Federal coastwide regulatory
measures for recreational summer
flounder fishing that were codified last
year (85 FR 36802; June 18, 2020)
remain in effect until the decision to
waive Federal measures for 2021 is
made effective by this final rule. Many
states have already implemented their
conservationally equivalent 2021
measures; a delay in implementing the
measures of this rule will increase
confusion on what measures are in
place in Federal waters. Inconsistencies
between the states’ measures and the
Federal measures could lead to potential
confusion and misunderstanding of the
applicable regulations and could
increase the likelihood of noncompliant
landings. Additionally, the Federal
measures currently in place are more
restrictive than many of the measures in
state waters, unnecessarily
disadvantaging federally-permitted
vessels, which are subject to these more
restrictive measures until this final rule
is effective.
An adjustment period is not needed
for regulated entities to comply with
this rule. Recreational and charter/party
operators will not need new equipment
or otherwise need to expend time or
money to comply with these
management measures. Rather,
complying with this final rule simply
requires adhering to the published state
management measures for summer
flounder while the recreational and
charter/party operators are engaged in
fishing activities.
For these reasons, the Assistant
Administrator finds good cause to waive
the 30-day delay of effectiveness period
and to implement this rule upon filing
for public inspection in the Federal
Register.
PO 00000
Frm 00059
Fmt 4700
Sfmt 9990
24361
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.
A final regulatory flexibility analysis is
not required and none has been
prepared.
This final rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: May 3, 2021.
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 § 648.107, revise paragraph (a)
introductory text to read as follows:
■
§ 648.107 Conservation equivalent
measures for the summer flounder fishery.
(a) The Regional Administrator has
determined that the recreational fishing
measures proposed to be implemented
by the states of Maine through North
Carolina for 2021 are the conservation
equivalent of the season, size limits, and
possession limit prescribed in
§§ 648.104(b), 648.105, and 648.106.
This determination is based on a
recommendation from the Summer
Flounder Board of the Atlantic States
Marine Fisheries Commission.
*
*
*
*
*
[FR Doc. 2021–09604 Filed 5–5–21; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\06MYR1.SGM
06MYR1
]]>Agencies
[Federal Register Volume 86, Number 86 (Thursday, May 6, 2021)]
[Rules and Regulations]
[Pages 24360-24361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09604]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 210503-0094]
RIN 0648-BK32
Fisheries of the Northeastern United States; Recreational
Management Measures for the Summer Flounder Fishery; Fishing Year 2021
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS announces management measures for the 2021 summer
flounder recreational fishery. The implementing regulations for this
fishery require NMFS to publish recreational measures for the fishing
year. The intent of this action is to achieve, but not exceed, the 2021
summer flounder recreational harvest limit and thereby prevent
overfishing on the summer flounder stock.
DATES: This rule is effective May 5, 2021.
FOR FURTHER INFORMATION CONTACT: Emily Keiley, Fishery Policy Analyst,
(978) 281-9116.
SUPPLEMENTARY INFORMATION: The Mid-Atlantic Fishery Management Council
and the Atlantic States Marine Fisheries Commission jointly manage
summer flounder. The Council and Commission's Summer Flounder
Management Board meet jointly each year to recommend recreational
management measures for summer flounder.
In this final rule, NMFS is implementing conservation equivalency
to manage the 2021 summer flounder recreational fishery, as proposed on
April 6, 2021 (86 FR 17764). The approval of conservation equivalency
means that we are waiving Federal summer flounder recreational measures
in Federal waters for all federally permitted summer flounder party/
charter vessels, regardless of where they fish. States, through the
Commission, are collectively implementing measures designed to
constrain landings to the 2021 recreational harvest limit. Vessels
fishing in Federal waters and Federal party/charter vessels are subject
to the regulations in the state they land. These measures are
consistent with the recommendations of the Council and the Commission.
Additional information on the development of these measures is provided
in the proposed rule and not repeated here.
Conservation equivalency, as established by Framework Adjustment 2
(66 FR 36208; July 11, 2001), allows each state to establish its own
recreational management measures (possession limits, fish size, and
fishing seasons) to achieve its state harvest limit established by the
Commission from the coastwide recreational harvest limit, as long as
the combined effect of all of the states' management measures achieves
the same level of conservation as Federal coastwide measures. Framework
Adjustment 6 (71 FR 42315; July 26, 2006) allows states to form regions
for conservation equivalency in order to minimize differences in
regulations for anglers fishing in adjacent waters.
Similar to the 2016-2020 program, the 2021 management program
adopted by the Commission divides the recreational fishery into six
management regions: (1) Massachusetts; (2) Rhode Island; (3)
Connecticut-New York; (4) New Jersey; (5) Delaware-Virginia; and (6)
North Carolina. Each state within a region must implement identical or
equivalent measures (fish size, bag limit, and fishing season length),
and the combination of those measures must be sufficient to achieve,
but not exceed, the recreational harvest limit.
Based on the Commission's recommendation, we find that the 2021
recreational fishing measures required to be implemented in state
waters are, collectively, the conservation equivalent of the season,
fish size, and possession limit prescribed in 50 CFR 648.104(b),
648.105, and 648.106(a). According to Sec. 648.107(a)(1), vessels
subject to the recreational fishing measures are not subject to Federal
measures, and instead are subject to the recreational fishing measures
implemented by the state in
[[Page 24361]]
which they land. Section 648.107(a) is amended through this final rule
to recognize state-implemented measures as the conservation equivalent
of the Federal coastwide recreational management measures for 2021.
In addition, this action reaffirms the default coastwide measures
(a 19-inch (48.3-cm) minimum size, four-fish possession limit, and May
15 through September 15 open fishing season), that becomes effective
January 1, 2022, upon the expiration of the 2021 conservation
equivalency program.
Changes From the Proposed Rule
There are no changes from the proposed rule.
Comments and Responses
NMFS received seven comments on the proposed rule, none of which
were directly related to the proposed measures. Four comments were
related to state-specific measures and offered concerns over the
minimum fish sizes and a perceived lack of recognition of changing fish
distribution. Two comments relayed concerns about commercial fishing
regulations and general complaints over the management of summer
flounder. One commenter discussed a number of ongoing management
actions that may impact the future management of the recreational
summer flounder fishery. Although there may be future changes to
recreational summer flounder management, at this time we are required
to either approve conservation equivalency, as this final rule does, or
implement coastwide measures. None of these commenters suggested the
adoption of coastwide measures or the imposition of the precautionary
default measures, which would be alternatives to the conservational
equivalent approach of the proposed rule. All comments received were
outside the scope of this action. No changes to the final rule are made
based on the submitted comments.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
Assistant Administrator has determined that this final rule is
consistent with the Summer Flounder, Scup, and Black Sea Bass FMP,
other provisions of the Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Assistant Administrator for Fisheries, NOAA, finds good cause
under 5 U.S.C. 553(d)(3) to waive the 30-day delay of effectiveness
period for this rule, to ensure that the final management measures are
in place as soon as possible.
The Federal coastwide regulatory measures for recreational summer
flounder fishing that were codified last year (85 FR 36802; June 18,
2020) remain in effect until the decision to waive Federal measures for
2021 is made effective by this final rule. Many states have already
implemented their conservationally equivalent 2021 measures; a delay in
implementing the measures of this rule will increase confusion on what
measures are in place in Federal waters. Inconsistencies between the
states' measures and the Federal measures could lead to potential
confusion and misunderstanding of the applicable regulations and could
increase the likelihood of noncompliant landings. Additionally, the
Federal measures currently in place are more restrictive than many of
the measures in state waters, unnecessarily disadvantaging federally-
permitted vessels, which are subject to these more restrictive measures
until this final rule is effective.
An adjustment period is not needed for regulated entities to comply
with this rule. Recreational and charter/party operators will not need
new equipment or otherwise need to expend time or money to comply with
these management measures. Rather, complying with this final rule
simply requires adhering to the published state management measures for
summer flounder while the recreational and charter/party operators are
engaged in fishing activities.
For these reasons, the Assistant Administrator finds good cause to
waive the 30-day delay of effectiveness period and to implement this
rule upon filing for public inspection in the Federal Register.
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. A final regulatory flexibility
analysis is not required and none has been prepared.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: May 3, 2021.
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
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.107, revise paragraph (a) introductory text to read as
follows:
Sec. 648.107 Conservation equivalent measures for the summer flounder
fishery.
(a) The Regional Administrator has determined that the recreational
fishing measures proposed to be implemented by the states of Maine
through North Carolina for 2021 are the conservation equivalent of the
season, size limits, and possession limit prescribed in Sec. Sec.
648.104(b), 648.105, and 648.106. This determination is based on a
recommendation from the Summer Flounder Board of the Atlantic States
Marine Fisheries Commission.
* * * * *
[FR Doc. 2021-09604 Filed 5-5-21; 8:45 am]
BILLING CODE 3510-22-P
