Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Closed Area I Scallop Access Area to General Category Individual Fishing Quota Scallop Vessels, 52104-52105 [2021-20288]
Download as PDF
<![CDATA[
52104
Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Rules and Regulations
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
622.41(i), which was issued pursuant to
section 304(b) of the Magnuson-Stevens
Act, and is exempt from review under
Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action, as notice and comment are
unnecessary and contrary to the public
interest. Such procedures are
unnecessary because the rule
implementing the stock complex ACL
and the associated AM has already been
subject to notice and public comment,
and all that remains is to notify the
public of the closure. Such procedures
are also contrary to the public interest
because of the need to immediately
implement the closure to protect the
mid-water snapper stock complex. The
capacity of the fishing fleet allows for
rapid harvest of the ACL and the ACL
has already been met. Prior notice and
opportunity for public comment would
require time and could result in
additional harvest.
For the aforementioned reasons, there
is good cause to waive the 30-day delay
in the effectiveness of this action under
5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: September 15, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–20285 Filed 9–15–21; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 180720681–8999–02; RTID
0648–XB426]
Snapper-Grouper Fishery of the South
Atlantic; 2021 Recreational
Accountability Measure and Closure
for South Atlantic Golden Tilefish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements
accountability measures (AMs)
applicable to recreational harvest of
golden tilefish in the exclusive
economic zone (EEZ) of the South
SUMMARY:
VerDate Sep<11>2014
15:36 Sep 17, 2021
Jkt 253001
Atlantic for the 2021 fishing year
through this temporary rule. NMFS
estimates that recreational landings of
golden tilefish in 2021 have exceeded
the recreational annual catch limit
(ACL). Therefore, NMFS closes the
golden tilefish recreational sector in the
South Atlantic EEZ on September 20,
2021. This closure is necessary to
protect the golden tilefish resource.
DATES: This rule is effective 12:01 a.m.,
local time, September 20, 2021, until
12:01 a.m., local time, January 1, 2022.
FOR FURTHER INFORMATION CONTACT:
Mary Vara, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic includes golden tilefish and is
managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP). The FMP was prepared
by the South Atlantic Fishery
Management Council and is
implemented by NMFS under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
On January 4, 2019, NMFS
implemented management measures for
golden tilefish through a final rule for
Amendment 28 to the Snapper-Grouper
FMP (83 FR 233; December 4, 2018).
That final rule set a recreational ACL of
2,316 fish (50 CFR 622.193(a)(2)(i)) and
revised the recreational AM. The
inseason recreational AM states that if
recreational landings reach or are
projected to reach the recreational ACL,
then the recreational sector will be
closed for the remainder of the fishing
year (50 CFR 622.193(a)(2)(i)).
Landings data from the NMFS
Southeast Fisheries Science Center
indicate that the golden tilefish
recreational ACL of 2,316 fish has been
reached. Therefore, this temporary rule
implements an AM to close the golden
tilefish recreational sector of the
snapper-grouper fishery for the
remainder of the 2021 fishing year. As
a result, the recreational sector for
golden tilefish in the South Atlantic
EEZ will be closed effective 12:01 a.m.,
local time September 20, 2021. The
recreational sector for golden tilefish
will open on January 1, 2022, the
beginning of the 2022 fishing year and
the recreational fishing season. During
the closure, the bag and possession
limits for golden tilefish in or from the
South Atlantic EEZ are zero.
NMFS also closed the commercial
sector for golden tilefish for the
remainder of the 2021 fishing year (86
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
FR 29209; June 1, 2021). Therefore, as
of the date of this recreational closure,
all harvest and possession of golden
tilefish in the South Atlantic EEZ is
prohibited.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
622.193(a)(2)(i), which was issued
pursuant to section 304(b) of the
Magnuson-Stevens Act, and is exempt
from review under Executive Order
12866.
Pursuant to 5 U.S.C. 553(b)(B), the
NMFS Assistant Administrator (AA)
finds good cause to waive prior notice
and an opportunity for public comment
on this action, as notice and comment
are unnecessary and contrary to the
public interest. Such procedures are
unnecessary because the rule that
established the recreational ACL and
AM for golden tilefish has already been
subject to notice and comment, and all
that remains is to notify the public of
the closure. Such procedures are
contrary to the public interest because
of the need to immediately implement
this action to protect the golden tilefish
stock. The recreational ACL has been
reached and prior notice and
opportunity for public comment would
require time, potentially resulting in a
harvest well in excess of the established
ACL.
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in the effectiveness of this
action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–20287 Filed 9–15–21; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 210513–0105; RTID 0648–
XB421]
Fisheries of the Northeastern United
States; Atlantic Sea Scallop Fishery;
Closure of the Closed Area I Scallop
Access Area to General Category
Individual Fishing Quota Scallop
Vessels
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
E:\FR\FM\20SER1.SGM
20SER1
Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Rules and Regulations
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
NMFS announces that the
Closed Area I Scallop Access Area is
closed to Limited Access General
Category Individual Fishing Quota
scallop vessels for the remainder of the
2021 fishing year. Regulations require
this action once it is projected that 100
percent of trips allocated to the Limited
Access General Category Individual
Fishing Quota scallop vessels for the
Closed Area I Scallop Access Area will
be taken. This action is intended to
prevent the number of trips in the
Closed Area I Scallop Access Area from
exceeding what is allowed under the
Atlantic Sea Scallop Fishery
Management Plan.
DATES: Effective 0001 hr local time,
September 17, 2021, through March 31,
2022.
FOR FURTHER INFORMATION CONTACT:
Louis Forristall, Fishery Management
Specialist, (978) 281–9321.
SUPPLEMENTARY INFORMATION:
Regulations governing fishing activity in
the Sea Scallop Access Areas can be
found in 50 CFR 648.59 and 648.60.
These regulations authorize vessels
issued a valid Limited Access General
Category (LAGC) Individual Fishing
Quota (IFQ) scallop permit to fish in the
Closed Area I Scallop Access Area
under specific conditions, including a
total of 856 trips that may be taken
during the 2021 fishing year. Section
648.59(g)(3)(iii) requires NMFS to close
the Closed Area I Scallop Access Area
to LAGC IFQ permitted vessels for the
remainder of the fishing year once it
determines that the allocated number of
trips for the fishing year are projected to
be taken.
SUMMARY:
VerDate Sep<11>2014
15:36 Sep 17, 2021
Jkt 253001
Based on trip declarations by LAGC
IFQ scallop vessels fishing in the Closed
Area I Scallop Access Area, analysis of
fishing effort, and other information,
NMFS projects that 856 trips will be
taken as of September 15, 2021.
Therefore, in accordance with
§ 648.59(g)(3)(iii), NMFS is closing the
Closed Area I Scallop Access Area to all
LAGC IFQ scallop vessels as of
September 17, 2021. No vessel issued an
LAGC IFQ permit may fish for, possess,
or land scallops in or from the Closed
Area I Scallop Access Area after 0001
local time, September 17, 2021. Any
LAGC IFQ vessel that has declared into
the Closed Area I Access Area scallop
fishery, complied with all trip
notification and observer requirements,
and crossed the Vessel Monitoring
System demarcation line on the way to
the area before 0001, September 17,
2021, may complete its trip without
being subject to this closure. This
closure is in effect for the remainder of
the 2021 scallop fishing year, through
March 31, 2022.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Fishery Conservation and Management
Act. This action is required by 50 CFR
part 648, which was issued pursuant to
section 304(b), and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action, as notice and comment
would be impracticable and contrary to
the public interest. The Closed Area I
Scallop Access Area opened for the
2021 fishing year on April 1, 2021. The
regulations at § 648.59(g)(3)(iii) require
this closure to ensure that LAGC IFQ
PO 00000
Frm 00035
Fmt 4700
Sfmt 9990
52105
scallop vessels do not take more than
their allocated number of trips in the
area. The projected date on which the
LAGC IFQ fleet will have taken all of its
allocated trips in an Access Area
becomes apparent only as trips into the
area occur on a real-time basis and as
activity trends begin to appear. As a
result, NMFS can only make an accurate
projection very close in time to when
the fleet has taken all of its trips. To
allow LAGC IFQ scallop vessels to
continue to take trips in the Closed Area
I Scallop Access Area during the period
necessary to publish and receive
comments on a proposed rule would
likely result in the vessels taking much
more than the allowed number of trips
in the Closed Area I Scallop Access
Area. Excessive trips and harvest from
the Closed Area I Scallop Access Area
would result in excessive fishing effort
in the area, where effort controls are
critical, thereby undermining
conservation objectives of the Atlantic
Sea Scallop Fishery Management Plan
and requiring more restrictive future
management measures. Also, the public
had prior notice and full opportunity to
comment on this closure process when
it was enacted, as well as during the
public comment period on the action to
set specifications for the 2021 fishing
year. For these same reasons, NMFS
further finds, under 5 U.S.C 553(d)(3),
good cause to waive the 30-day delayed
effectiveness period.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 15, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–20288 Filed 9–15–21; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\20SER1.SGM
20SER1
]]>Agencies
[Federal Register Volume 86, Number 179 (Monday, September 20, 2021)]
[Rules and Regulations]
[Pages 52104-52105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20288]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 210513-0105; RTID 0648-XB421]
Fisheries of the Northeastern United States; Atlantic Sea Scallop
Fishery; Closure of the Closed Area I Scallop Access Area to General
Category Individual Fishing Quota Scallop Vessels
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 52105]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the Closed Area I Scallop Access Area is
closed to Limited Access General Category Individual Fishing Quota
scallop vessels for the remainder of the 2021 fishing year. Regulations
require this action once it is projected that 100 percent of trips
allocated to the Limited Access General Category Individual Fishing
Quota scallop vessels for the Closed Area I Scallop Access Area will be
taken. This action is intended to prevent the number of trips in the
Closed Area I Scallop Access Area from exceeding what is allowed under
the Atlantic Sea Scallop Fishery Management Plan.
DATES: Effective 0001 hr local time, September 17, 2021, through March
31, 2022.
FOR FURTHER INFORMATION CONTACT: Louis Forristall, Fishery Management
Specialist, (978) 281-9321.
SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in
the Sea Scallop Access Areas can be found in 50 CFR 648.59 and 648.60.
These regulations authorize vessels issued a valid Limited Access
General Category (LAGC) Individual Fishing Quota (IFQ) scallop permit
to fish in the Closed Area I Scallop Access Area under specific
conditions, including a total of 856 trips that may be taken during the
2021 fishing year. Section 648.59(g)(3)(iii) requires NMFS to close the
Closed Area I Scallop Access Area to LAGC IFQ permitted vessels for the
remainder of the fishing year once it determines that the allocated
number of trips for the fishing year are projected to be taken.
Based on trip declarations by LAGC IFQ scallop vessels fishing in
the Closed Area I Scallop Access Area, analysis of fishing effort, and
other information, NMFS projects that 856 trips will be taken as of
September 15, 2021. Therefore, in accordance with Sec.
648.59(g)(3)(iii), NMFS is closing the Closed Area I Scallop Access
Area to all LAGC IFQ scallop vessels as of September 17, 2021. No
vessel issued an LAGC IFQ permit may fish for, possess, or land
scallops in or from the Closed Area I Scallop Access Area after 0001
local time, September 17, 2021. Any LAGC IFQ vessel that has declared
into the Closed Area I Access Area scallop fishery, complied with all
trip notification and observer requirements, and crossed the Vessel
Monitoring System demarcation line on the way to the area before 0001,
September 17, 2021, may complete its trip without being subject to this
closure. This closure is in effect for the remainder of the 2021
scallop fishing year, through March 31, 2022.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Fishery Conservation and Management Act. This action is
required by 50 CFR part 648, which was issued pursuant to section
304(b), and is exempt from review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on this action, as notice
and comment would be impracticable and contrary to the public interest.
The Closed Area I Scallop Access Area opened for the 2021 fishing year
on April 1, 2021. The regulations at Sec. 648.59(g)(3)(iii) require
this closure to ensure that LAGC IFQ scallop vessels do not take more
than their allocated number of trips in the area. The projected date on
which the LAGC IFQ fleet will have taken all of its allocated trips in
an Access Area becomes apparent only as trips into the area occur on a
real-time basis and as activity trends begin to appear. As a result,
NMFS can only make an accurate projection very close in time to when
the fleet has taken all of its trips. To allow LAGC IFQ scallop vessels
to continue to take trips in the Closed Area I Scallop Access Area
during the period necessary to publish and receive comments on a
proposed rule would likely result in the vessels taking much more than
the allowed number of trips in the Closed Area I Scallop Access Area.
Excessive trips and harvest from the Closed Area I Scallop Access Area
would result in excessive fishing effort in the area, where effort
controls are critical, thereby undermining conservation objectives of
the Atlantic Sea Scallop Fishery Management Plan and requiring more
restrictive future management measures. Also, the public had prior
notice and full opportunity to comment on this closure process when it
was enacted, as well as during the public comment period on the action
to set specifications for the 2021 fishing year. For these same
reasons, NMFS further finds, under 5 U.S.C 553(d)(3), good cause to
waive the 30-day delayed effectiveness period.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 15, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-20288 Filed 9-15-21; 4:15 pm]
BILLING CODE 3510-22-P
