Fisheries of the Northeastern United States; Golden Tilefish Fishery; Extension of Emergency Action, 33552-33553 [2021-13619]
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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Joyce Bernstein, Media Bureau, at (202)
418–1647 or Joyce.Bernstein@fcc.gov.
Dated: June 17, 2021.
Thomas Horan,
Chief of Staff, Media Bureau.
[FR Doc. 2021–13561 Filed 6–24–21; 8:45 am]
BILLING CODE 6712–01–P
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;
Extension of Emergency Action
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; emergency
action extension.
AGENCY:
This temporary rule extends
emergency measures that 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. This action is necessary to
allow the golden tilefish individual
fishing quota shareholders that were
eligible for carryover under the
emergency measures, but have not yet
fully harvested that carryover, an
opportunity to use it. This action is
intended to provide additional time for
quota shareholders to fully harvest their
allocations.
DATES: The expiration date of the
emergency rule published December 21,
2020 (85 FR 82944) is extended to
November 1, 2021.
ADDRESSES: Copies of the Supplemental
Information Report prepared for the
2021–2022 Golden Tilefish
Specifications and emergency action are
available from Dr. Christopher M.
Moore, Executive Director, Mid-Atlantic
Fishery Management Council, 800 North
State Street, Dover, Suite 201, 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:
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SUMMARY:
Background
At the request of the Mid-Atlantic
Fishery Management Council, NMFS
VerDate Sep<11>2014
16:27 Jun 24, 2021
Jkt 253001
published a final rule on December 21,
2020 (85 FR 82944) that implemented
emergency action for the Tilefish
Fishery Management Plan (FMP) to
allow a one-time carryover of
unharvested Individual Fishing Quota
(IFQ) from fishing year 2020 to 2021, up
to 5 percent of the original 2020
allocation. A proposed rule for this
action was published on November 13,
2020 (85 FR 72616) with a comment
period through November 30, 2020. No
comments were received on the
emergency action.
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, substantially reduced
demand for golden tilefish during the
2020 fishing year. Because of this
unprecedented impact on the fishery,
we implemented this one-time carry
over under our emergency rulemaking
authority specified in section 305(c) of
the Magnuson-Stevens Fishery
Conservation and Management Act.
This action extends this emergency
action past the current expiration date
of June 19, 2021, until the start of the
next golden tilefish fishing year on
November 1, 2021. This will allow
tilefish IFQ quota shareholders who
have not yet had an opportunity to
harvest the IFQ pounds they carried
over additional time to take full
advantage of this opportunity.
Each IFQ quota shareholder was
eligible to carry over 2020 golden
tilefish quota pounds that were not
harvested before the end of the 2020
fishing year, up to a maximum amount
of 5 percent of their initial 2020 quota
pounds. Of the 10 entities that hold
quota share in the golden tilefish IFQ
program, 5 had unharvested quota
pounds at the end of the 2020 fishing
year and were able to carry over some
of those quota pounds into the 2021
fishing year. Some quota shareholders
have already harvested their carryover
while others have not yet taken full
advantage of this opportunity.
Extending this emergency action
ensures that all those who received
carryover are able to fully benefit from
these measures.
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
PO 00000
Frm 00074
Fmt 4700
Sfmt 4700
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. As noted
in the December 21, 2020, final rule,
NMFS has determined that allowing the
carryover of unharvested tilefish IFQ
quota pounds as described above meets
the three criteria for emergency action.
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. Extending this action until the
start of the next fishing year on
November 1, 2021, would only be 135
days.
Classification
NMFS is issuing this temporary rule
pursuant to section 305(c) of the
Magnuson Stevens Act, which
authorizes NMFS to implement
regulations at the request of the Council
to address an emergency in the fishery.
The Acting Assistant Administrator
Fisheries, NOAA has determined that
this rule is consistent with the Tilefish
FMP, other provisions of the MagnusonStevens Act, and other applicable law.
Pursuant to 5 U.S.C. 553(d)(3), the
Acting Assistant Administrator
Fisheries, NOAA finds good cause to
waive the 30-day delay in effectiveness
for this rule. This rule extends some
measures of the rule currently in place
through the end of the current fishing
year. The need for this extension was
fully anticipated and announced to the
public in the initial emergency rule
which published on December 21, 2020.
Accordingly, the entities affected by this
rule and the public have no need to be
made aware of or adjust to this rule by
delaying its effectiveness for 30 days.
The primary reason for delaying the
effectiveness of Federal regulations is
not present, and, therefore, such a delay
would serve no public purpose. It
would be contrary to the public interest
if the emergency measures are allowed
to expire on June 19, 2021, because
tilefish IFQ quota shareholders could
lose any remaining carryover granted by
E:\FR\FM\25JNR1.SGM
25JNR1
Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations
this emergency action. Moreover,
allowing the emergency measures to
lapse between June 19, 2021, and a later
effective date of this extension may lead
to confusion in the fishing community.
For these reasons, there is good cause to
waive the requirement for delayed
effectiveness.
The December 21, 2020, final rule that
implemented the emergency action was
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.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 14, 2021.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021–13619 Filed 6–24–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No.: 210616–0130]
RIN 0648–BH67
Fisheries of the Northeastern United
States; Omnibus Deep-Sea Coral
Amendment
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS implements the
measures of the New England Fishery
Management Council’s Omnibus DeepSea Coral Amendment. This action
protects deep-sea corals from the
impacts of commercial fishing gear on
Georges Bank and in the Gulf of Maine.
These management measures are
intended to reduce, to the extent
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SUMMARY:
VerDate Sep<11>2014
16:27 Jun 24, 2021
Jkt 253001
practicable, impacts of fishing gear on
deep-sea corals in New England while
balancing the continued operations of
commercial fisheries.
DATES: Effective July 26, 2021.
ADDRESSES: The New England Fishery
Management Council developed an
Environmental Assessment (EA) for this
action that describes the measures in the
Omnibus Deep-Sea Coral Amendment
and other considered alternatives and
analyzes the impacts of the measures
and alternatives. Copies of supporting
documents used by the New England
Fishery Management Council, including
the EA and Regulatory Impact Review
(RIR)/Initial Regulatory Flexibility
Analysis (IRFA), are available from:
Thomas A. Nies, Executive Director,
New England Fishery Management
Council, 50 Water Street, Newburyport,
MA 01950 and accessible via the
internet in documents available at:
https://www.nefmc.org/library/omnibusdeep-sea-coral-amendment.
Copies of the Final Regulatory
Flexibility Analysis (FRFA) and the
small entity compliance guide are
available from Michael Pentony,
Regional Administrator, NMFS, Greater
Atlantic Regional Fisheries Office, 55
Great Republic Drive, Gloucester, MA
01930–2298, or available on the internet
at: https://
www.greateratlantic.fisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Travis Ford, Fishery Policy Analyst,
(978) 281–9233.
SUPPLEMENTARY INFORMATION:
Background
On November 20, 2019, pursuant to
section 304(a)(3) of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act), NMFS approved the Omnibus
Deep-Sea Coral Amendment in its
entirety as recommended by the New
England Fishery Management Council.
The Council developed this action, and
the measures described in this rule,
under the discretionary provisions for
deep-sea coral protection in section
303(b) of the Magnuson-Stevens Act.
This provision gives the Regional
Fishery Management Councils the
authority to:
(A) Designate zones where, and
periods when, fishing shall be limited,
or shall not be permitted, or shall be
permitted only by specified types of
fishing vessels or with specified types
and quantities of fishing gear; and
(B) Designate such zones in areas
where deep-sea corals are identified
under section 408 (this section describes
the deep-sea coral research and
technology program), to protect deep-
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Fmt 4700
Sfmt 4700
33553
sea corals from physical damage from
fishing gear or to prevent loss or damage
to such fishing gear from interactions
with deep-sea corals, after considering
long-term sustainable uses of fishery
resources in such areas.
This final rule implements the
Amendment, which prohibits the use of
all bottom-tending gear (with an
exception for red crab pots) along the
outer continental shelf in waters no
shallower than 600 m to the Exclusive
Economic Zone (EEZ) and prohibits the
use of bottom-tending mobile gear in
two areas in the Gulf of Maine (Mount
Desert Rock and Outer Schoodic Ridge).
In addition, this action creates a
dedicated habitat research area in
Jordan Basin but does not impose any
additional restrictions on fishing in this
area. This action also establishes
provisions for vessels transiting through
these areas and adds framework
provisions for future modifications to
the New England Deep-Sea Coral
Protection Area measures. The
Magnuson-Stevens Act requires NMFS
to approve, partially approve, or
disapprove measures proposed by the
Council based on whether the measures
are consistent with fishery management
plans (FMP), the Magnuson-Stevens Act
and its National Standards, and other
applicable law.
NMFS published a Notice of
Availability (NOA) announcing its
review of the Amendment on August 26,
2019 (84 FR 44596). The public
comment period on the NOA ended on
October 25, 2019. Following the
Amendment’s approval in November
2019, NMFS published a proposed rule
for this action on January 3, 2020,
including implementing regulations (85
FR 285). The public comment period on
the proposed rule ended on February
18, 2020.
Georges Bank Deep-Sea Coral Protection
Area
The Omnibus Deep-Sea Coral
Amendment establishes a deep-sea coral
protection area on the outer continental
shelf in New England waters. It
complements the Frank R. Lautenberg
Deep-Sea Coral Protection Area
established by the Mid-Atlantic Fishery
Management Council in Amendment 16
to the Atlantic Mackerel, Squid, and
Butterfish FMP (81 FR 90246; December
14, 2016) as described in § 648.372. The
Georges Bank Deep-Sea Coral Protection
Area runs along the outer continental
shelf in waters no shallower than 600
meters (m) and extends to the outer
limit of the EEZ boundary to the east
and north, and south to the intercouncil boundary as described in
§ 600.105(a).
E:\FR\FM\25JNR1.SGM
25JNR1
]]>Agencies
[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Rules and Regulations]
[Pages 33552-33553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13619]
=======================================================================
-----------------------------------------------------------------------
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; Extension of Emergency Action
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; emergency action extension.
-----------------------------------------------------------------------
SUMMARY: This temporary rule extends emergency measures that 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. This
action is necessary to allow the golden tilefish individual fishing
quota shareholders that were eligible for carryover under the emergency
measures, but have not yet fully harvested that carryover, an
opportunity to use it. This action is intended to provide additional
time for quota shareholders to fully harvest their allocations.
DATES: The expiration date of the emergency rule published December 21,
2020 (85 FR 82944) is extended to November 1, 2021.
ADDRESSES: Copies of the Supplemental Information Report prepared for
the 2021-2022 Golden Tilefish Specifications and emergency action are
available from Dr. Christopher M. Moore, Executive Director, Mid-
Atlantic Fishery Management Council, 800 North State Street, Dover,
Suite 201, 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
At the request of the Mid-Atlantic Fishery Management Council, NMFS
published a final rule on December 21, 2020 (85 FR 82944) that
implemented emergency action for the Tilefish Fishery Management Plan
(FMP) to allow a one-time carryover of unharvested Individual Fishing
Quota (IFQ) from fishing year 2020 to 2021, up to 5 percent of the
original 2020 allocation. A proposed rule for this action was published
on November 13, 2020 (85 FR 72616) with a comment period through
November 30, 2020. No comments were received on the emergency action.
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,
substantially reduced demand for golden tilefish during the 2020
fishing year. Because of this unprecedented impact on the fishery, we
implemented this one-time carry over under our emergency rulemaking
authority specified in section 305(c) of the Magnuson-Stevens Fishery
Conservation and Management Act.
This action extends this emergency action past the current
expiration date of June 19, 2021, until the start of the next golden
tilefish fishing year on November 1, 2021. This will allow tilefish IFQ
quota shareholders who have not yet had an opportunity to harvest the
IFQ pounds they carried over additional time to take full advantage of
this opportunity.
Each IFQ quota shareholder was eligible to carry over 2020 golden
tilefish quota pounds that were not harvested before the end of the
2020 fishing year, up to a maximum amount of 5 percent of their initial
2020 quota pounds. Of the 10 entities that hold quota share in the
golden tilefish IFQ program, 5 had unharvested quota pounds at the end
of the 2020 fishing year and were able to carry over some of those
quota pounds into the 2021 fishing year. Some quota shareholders have
already harvested their carryover while others have not yet taken full
advantage of this opportunity. Extending this emergency action ensures
that all those who received carryover are able to fully benefit from
these measures.
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. As noted in the
December 21, 2020, final rule, NMFS has determined that allowing the
carryover of unharvested tilefish IFQ quota pounds as described above
meets the three criteria for emergency action.
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. Extending this action until the start of the next
fishing year on November 1, 2021, would only be 135 days.
Classification
NMFS is issuing this temporary rule pursuant to section 305(c) of
the Magnuson Stevens Act, which authorizes NMFS to implement
regulations at the request of the Council to address an emergency in
the fishery. The Acting Assistant Administrator Fisheries, NOAA has
determined that this rule is consistent with the Tilefish FMP, other
provisions of the Magnuson-Stevens Act, and other applicable law.
Pursuant to 5 U.S.C. 553(d)(3), the Acting Assistant Administrator
Fisheries, NOAA finds good cause to waive the 30-day delay in
effectiveness for this rule. This rule extends some measures of the
rule currently in place through the end of the current fishing year.
The need for this extension was fully anticipated and announced to the
public in the initial emergency rule which published on December 21,
2020. Accordingly, the entities affected by this rule and the public
have no need to be made aware of or adjust to this rule by delaying its
effectiveness for 30 days. The primary reason for delaying the
effectiveness of Federal regulations is not present, and, therefore,
such a delay would serve no public purpose. It would be contrary to the
public interest if the emergency measures are allowed to expire on June
19, 2021, because tilefish IFQ quota shareholders could lose any
remaining carryover granted by
[[Page 33553]]
this emergency action. Moreover, allowing the emergency measures to
lapse between June 19, 2021, and a later effective date of this
extension may lead to confusion in the fishing community. For these
reasons, there is good cause to waive the requirement for delayed
effectiveness.
The December 21, 2020, final rule that implemented the emergency
action was 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.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 14, 2021.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021-13619 Filed 6-24-21; 8:45 am]
BILLING CODE 3510-22-P
