Fisheries of the Northeastern United States; Blueline Tilefish Fishery; 2021 Specifications, 28292-28293 [2021-11061]
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Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Rules and Regulations
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Eric J. Letvin,
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Mitigation, Federal Insurance and Mitigation
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Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. 2021–10899 Filed 5–25–21; 8:45 am]
BILLING CODE 9110–12–P
Magnuson-Stevens Fishery
Conservation and Management Act and
the Tilefish Fishery Management Plan.
DATES: Effective May 26, 2021, through
December 31, 2021.
FOR FURTHER INFORMATION CONTACT:
Douglas Potts, Fishery Policy Analyst,
978–281–9341.
SUPPLEMENTARY INFORMATION:
Background
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 210520–0112]
RTID 0648–XX071
Fisheries of the Northeastern United
States; Blueline Tilefish Fishery; 2021
Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
We are implementing 2021
specifications for the Mid-Atlantic
blueline tilefish fishery, including the
annual catch and total allowable
landings limits. This action establishes
allowable harvest levels and other
management measures to prevent
overfishing, consistent with the
SUMMARY:
The Mid-Atlantic Fishery
Management Council manages the
blueline tilefish fishery north of the
Virginia/North Carolina border under
the Tilefish Fishery Management Plan
(FMP), which outlines the Council’s
process for setting annual specifications.
Regulations implementing the Tilefish
FMP appear at 50 CFR part 648,
subparts A and N, which require 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. On November 19, 2018,
we proposed 2019 specifications for the
blueline tilefish fishery and announced
projected specifications for 2020 and
2021 based on Council
recommendations (83 FR 58219). Public
comment was accepted through
December 4, 2018. We published a final
rule implementing the 2019
specifications on February 12, 2019 (84
FR 3341). On February 18, 2020, we
published a rule finalizing the 2020
specifications (85 FR 8765) and restating
the projected 2021 specifications.
At the end of each fishing year, we
evaluate available catch information and
determine if the ACL for either
commercial or recreational sector of the
fishery has been exceeded. If the
commercial ACL is exceeded, the
regulations at 50 CFR 648.293 require a
pound-for-pound reduction in a
subsequent fishing year. On November
21, 2020, we closed the commercial
blueline tilefish fishery because we
projected it reached 100 percent of the
TAL (85 FR 74919; November 24, 2020).
Final 2020 data only recently became
available because of the time needed to
allow any late reports from fishing
vessels and dealers to be submitted and
to ensure all reports go through a
thorough quality control process. When
final 2020 catch data were analyzed, we
determined the commercial sector had
landed 108 percent of the commercial
TAL. There is no new biological
information that would require altering
the projected 2021 specifications
beyond adjusting the commercial ACL
for the overage that occurred in 2020. As
a result, we are announcing the final
specifications for fishing year 2021, as
projected in the final rules
implementing 2019 and 2020
specifications and adjusted for the
commercial overage in fishing year 2020
(See Table 1).
TABLE 1—2021 BLUELINE TILEFISH SPECIFICATIONS
2021
ABC—North of NC/VA line .......................................................................
Recreational ACL/ACT .............................................................................
Assumed Recreational Discards ..............................................................
Recreational TAL ......................................................................................
Commercial ACL/ACT ..............................................................................
Assumed Commercial Discards ...............................................................
Commercial Overage Adjustment ............................................................
Commercial TAL .......................................................................................
All other management measures in
the blueline tilefish fishery, including
commercial and recreational possession
limits, will remain unchanged for the
2021 fishing year.
VerDate Sep<11>2014
18:33 May 25, 2021
Jkt 253001
100,520 lb (45.6 mt)
73,380 lb (33.3 mt)
1,468 lb (0.7 mt)
71,912 lb (32.6 mt)
27,140 lb (12.3 mt)
271 lb (0.1 mt)
1,965 lb (0.9 mt)
24,924 lb (11.3 mt)
The FMP allows for the previous
year’s specifications to remain in place
until replaced by a subsequent
specifications action (rollover
provision).
PO 00000
Frm 00056
Fmt 4700
Sfmt 4700
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
E:\FR\FM\26MYR1.SGM
26MYR1
Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Rules and Regulations
that this rule is consistent with the
Tilefish FMP, other provisions of the
Magnuson-Stevens Act, and other
applicable laws.
The Assistant Administrator for
Fisheries, NOAA finds it is contrary to
the public interest to provide for prior
notice and an opportunity for public
comment, under to authority at 5 U.S.C.
553(b)(B). The proposed rule for 2019–
2021 specifications (83 FR 58219;
November 19, 2018) provided the public
with the opportunity to comment on the
specifications for 2019, and projected
2020 and 2021 specifications. All
comments received were addressed in
the final rule (84 FR 3341; February 12,
2019). A final rule on February 18, 2020
(85 FR 8765), finalized the 2020
specifications and restated the projected
2021 specifications. The only change to
the specifications for fishing year 2021
is a small adjustment to the commercial
ACL for an overage in 2020 that is
required by the regulations. The public
has been aware of the overage in the
commercial sector of the fishery through
information on a public quota
monitoring web page and through an
announcement at the Council meeting
in April. Implementing this adjustment
to the 2021 fishing year is a necessary
accountability measure that the FMP
designed to prevent overfishing, and
doing so in a timely manner is necessary
to reduce the likelihood of additional
overages this year.
Similarly, 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
establish an effective date less than 30
days after date of publication. The
public and fishing industry participants
expect this action because we
previously alerted the public in the
proposed and final rules that we would
conduct this review in interim years of
the status quo multi-year specifications
and announce the final quota. Final
analysis of 2020 data only recently
became available because of the time
needed to allow any late reports from
fishing vessels and dealers to be
submitted and to ensure all reports go
through a thorough quality control
process. Implementing the new
commercial TAL as soon as possible
will allow the public to monitor
landings against this new limit through
our weekly quota monitoring updates
available on our website for the
remaining six months in the 2021
fishing year. This could allow the
industry to anticipate or even avoid a
closure by slowing the pace of as
landings as they approach the TAL.
This final rule is exempt from review
under Executive Order 12866.
VerDate Sep<11>2014
18:33 May 25, 2021
Jkt 253001
This final rule does not duplicate,
conflict, or overlap with any existing
Federal rules.
This final rule does not contain a
collection of information requirement
for the purposes of the Paperwork
Reduction Act.
The Chief Counsel for Regulation for
the Department of Commerce certified
to the Small Business Administration
that the 2019–2021 blueline tilefish
specifications rulemaking would not
have a significant economic impact on
a substantial number of small entities
under the Regulatory Flexibility Act. No
comments were received that would
change the initial certification. 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.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 20, 2021.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021–11061 Filed 5–25–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 210521–0115]
RIN 0648–BK61
Fisheries Off West Coast States; West
Coast Salmon Fisheries; 2021
Management Measures; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correction.
AGENCY:
NMFS established fishery
management measures for the 2021
ocean salmon fisheries off Washington,
Oregon, and California, and the 2022
salmon seasons opening earlier than
May 16, 2022. The final rule, published
in the Federal Register on May 14,
2021, included a transcription error in
the management measures for the
recreational salmon fishery in the area
from Pigeon Point, CA, to the U.S./
Mexico border (Monterey management
SUMMARY:
PO 00000
Frm 00057
Fmt 4700
Sfmt 4700
28293
area). This action corrects that error by
adding the language that was omitted
from the May 14, 2021, rule.
DATES: Effective May 24, 2021.
FOR FURTHER INFORMATION CONTACT:
Peggy Mundy at 206–526–4323.
SUPPLEMENTARY INFORMATION: The final
rule published May 14, 2021, (86 FR
26425), describes annual management
measures for managing the harvest of
salmon in the ocean waters under the
jurisdiction of the Pacific Fishery
Management Council (Council). This
document corrects an error in the May
14, 2021 rule by adding management
measures for the recreational salmon
fishery in the Monterey management
area to make the 2021 salmon fisheries
consistent with the Council’s
recommendations.
Need for Correction
The 2021 salmon management
measures (86 FR 26425, May 14, 2021),
Section 2, part A describes the
recreational salmon fisheries in the
Monterey management area. There is a
transcription error in this part of the
rule, rendering it inconsistent with the
Council’s recommendations for the 2021
salmon management measures, as
adopted at their April 2021 meeting.
The May 14, 2021 rule omitted the May
16-September 30, 2021 fishery in the
Monterey management area, which was
recommended by the Council.
Correction
In FR Doc. 2021–10035, appearing on
page 26425, in the Federal Register of
Friday, May 14, 2021, the following
correction is made:
On page 26435, in the third column,
the description of the recreational
salmon fishery from Pigeon Point to
U.S./Mexico border (Monterey)
management area is corrected to read as
follows:
—Pigeon Point to U.S./Mexico border
(Monterey)
April 3–May 15 (C.6). Open seven
days per week. All salmon except coho
salmon, two salmon per day (C.1).
Chinook salmon minimum size limit of
24 inches total length (B). See gear
restrictions and definitions (C.2, C.3).
May 16–September 30 (C.6). Open
seven days per week. All salmon except
coho salmon, two salmon per day (C.1).
Chinook salmon minimum size limit of
20 inches total length (B). See gear
restrictions and definitions (C.2, C.3).
In 2022, season opens April 2 for all
salmon except coho salmon, two salmon
per day (C.1). Chinook salmon
minimum size limit of 24 inches total
length (B); and the same gear
restrictions as in 2021 (C.2, C.3). This
E:\FR\FM\26MYR1.SGM
26MYR1
]]>Agencies
[Federal Register Volume 86, Number 100 (Wednesday, May 26, 2021)]
[Rules and Regulations]
[Pages 28292-28293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11061]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 210520-0112]
RTID 0648-XX071
Fisheries of the Northeastern United States; Blueline Tilefish
Fishery; 2021 Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are implementing 2021 specifications for the Mid-Atlantic
blueline tilefish fishery, including the annual catch and total
allowable landings limits. This action establishes allowable harvest
levels and other management measures to prevent overfishing, consistent
with the Magnuson-Stevens Fishery Conservation and Management Act and
the Tilefish Fishery Management Plan.
DATES: Effective May 26, 2021, through December 31, 2021.
FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst,
978-281-9341.
SUPPLEMENTARY INFORMATION:
Background
The Mid-Atlantic Fishery Management Council manages the blueline
tilefish fishery north of the Virginia/North Carolina border under the
Tilefish Fishery Management Plan (FMP), which outlines the Council's
process for setting annual specifications. Regulations implementing the
Tilefish FMP appear at 50 CFR part 648, subparts A and N, which require
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. On
November 19, 2018, we proposed 2019 specifications for the blueline
tilefish fishery and announced projected specifications for 2020 and
2021 based on Council recommendations (83 FR 58219). Public comment was
accepted through December 4, 2018. We published a final rule
implementing the 2019 specifications on February 12, 2019 (84 FR 3341).
On February 18, 2020, we published a rule finalizing the 2020
specifications (85 FR 8765) and restating the projected 2021
specifications.
At the end of each fishing year, we evaluate available catch
information and determine if the ACL for either commercial or
recreational sector of the fishery has been exceeded. If the commercial
ACL is exceeded, the regulations at 50 CFR 648.293 require a pound-for-
pound reduction in a subsequent fishing year. On November 21, 2020, we
closed the commercial blueline tilefish fishery because we projected it
reached 100 percent of the TAL (85 FR 74919; November 24, 2020). Final
2020 data only recently became available because of the time needed to
allow any late reports from fishing vessels and dealers to be submitted
and to ensure all reports go through a thorough quality control
process. When final 2020 catch data were analyzed, we determined the
commercial sector had landed 108 percent of the commercial TAL. There
is no new biological information that would require altering the
projected 2021 specifications beyond adjusting the commercial ACL for
the overage that occurred in 2020. As a result, we are announcing the
final specifications for fishing year 2021, as projected in the final
rules implementing 2019 and 2020 specifications and adjusted for the
commercial overage in fishing year 2020 (See Table 1).
Table 1--2021 Blueline Tilefish Specifications
------------------------------------------------------------------------
2021
------------------------------------------------------------------------
ABC--North of NC/VA line............... 100,520 lb (45.6 mt)
Recreational ACL/ACT................... 73,380 lb (33.3 mt)
Assumed Recreational Discards.......... 1,468 lb (0.7 mt)
Recreational TAL....................... 71,912 lb (32.6 mt)
Commercial ACL/ACT..................... 27,140 lb (12.3 mt)
Assumed Commercial Discards............ 271 lb (0.1 mt)
Commercial Overage Adjustment.......... 1,965 lb (0.9 mt)
Commercial TAL......................... 24,924 lb (11.3 mt)
------------------------------------------------------------------------
All other management measures in the blueline tilefish fishery,
including commercial and recreational possession limits, will remain
unchanged for the 2021 fishing year.
The FMP allows for the previous year's specifications to remain in
place until replaced by a subsequent specifications action (rollover
provision).
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined
[[Page 28293]]
that this rule is consistent with the Tilefish FMP, other provisions of
the Magnuson-Stevens Act, and other applicable laws.
The Assistant Administrator for Fisheries, NOAA finds it is
contrary to the public interest to provide for prior notice and an
opportunity for public comment, under to authority at 5 U.S.C.
553(b)(B). The proposed rule for 2019-2021 specifications (83 FR 58219;
November 19, 2018) provided the public with the opportunity to comment
on the specifications for 2019, and projected 2020 and 2021
specifications. All comments received were addressed in the final rule
(84 FR 3341; February 12, 2019). A final rule on February 18, 2020 (85
FR 8765), finalized the 2020 specifications and restated the projected
2021 specifications. The only change to the specifications for fishing
year 2021 is a small adjustment to the commercial ACL for an overage in
2020 that is required by the regulations. The public has been aware of
the overage in the commercial sector of the fishery through information
on a public quota monitoring web page and through an announcement at
the Council meeting in April. Implementing this adjustment to the 2021
fishing year is a necessary accountability measure that the FMP
designed to prevent overfishing, and doing so in a timely manner is
necessary to reduce the likelihood of additional overages this year.
Similarly, 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 establish an effective date less than 30 days after date of
publication. The public and fishing industry participants expect this
action because we previously alerted the public in the proposed and
final rules that we would conduct this review in interim years of the
status quo multi-year specifications and announce the final quota.
Final analysis of 2020 data only recently became available because of
the time needed to allow any late reports from fishing vessels and
dealers to be submitted and to ensure all reports go through a thorough
quality control process. Implementing the new commercial TAL as soon as
possible will allow the public to monitor landings against this new
limit through our weekly quota monitoring updates available on our
website for the remaining six months in the 2021 fishing year. This
could allow the industry to anticipate or even avoid a closure by
slowing the pace of as landings as they approach the TAL.
This final rule is exempt from review under Executive Order 12866.
This final rule does not duplicate, conflict, or overlap with any
existing Federal rules.
This final rule does not contain a collection of information
requirement for the purposes of the Paperwork Reduction Act.
The Chief Counsel for Regulation for the Department of Commerce
certified to the Small Business Administration that the 2019-2021
blueline tilefish specifications rulemaking would not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act. No comments were received that
would change the initial certification. 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.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 20, 2021.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021-11061 Filed 5-25-21; 8:45 am]
BILLING CODE 3510-22-P
