Fisheries of the Northeastern United States; Scup Fishery; Adjustment to the 2021 Winter II Quota, 53011-53012 [2021-20902]

Download as PDF Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Rules and Regulations Adjustment of Daily Retention Limit for Selected Dates quota monitoring and inseason adjustments. On August 9, 2021 (86 FR 43421), NMFS published a final rule implementing RFDs every Tuesday, Friday, and Saturday through November 30, 2021. Because the fishery will be closed for the remainder of September, NMFS has decided to waive the previously-scheduled RFDs for the rest of September. RFDs will resume on October 1, 2021. With the RFDs waived during the closure, consistent with § 635.23(a)(4), fishermen aboard General category permitted vessels and HMS Charter/ Headboat permitted vessels may tag and release BFT of all sizes, subject to the requirements of the catch-and-release and tag-and-release programs at § 635.26. All BFT that are released must be handled in a manner that will maximize their 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/. Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is taken pursuant to 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 pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive 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 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. This fishery is currently underway and delaying this action would be contrary to the public interest as it could result in BFT landings exceeding the adjusted September 2021 General category quota. For all of the above reasons, there is good cause under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness. Monitoring and Reporting Authority: 16 U.S.C. 971 et seq. and 1801 et seq. NMFS will continue to monitor the BFT fisheries closely. Dealers are required to submit landing reports within 24 hours of a dealer receiving BFT. Late reporting by dealers compromises NMFS’ ability to timely implement actions such as quota and retention limit adjustment, as well as closures, and may result in enforcement actions. Additionally, and separate from the dealer reporting requirement, General and HMS Charter/Headboat category 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.). After the fishery re-opens on October 1, depending on the level of fishing effort and catch rates of BFT, NMFS may determine that additional adjustments are necessary to ensure available subquotas are not exceeded or to enhance scientific data collection from, and fishing opportunities in, all geographic areas. If needed, subsequent adjustments will be published in the Federal Register. In addition, fishermen may call the Atlantic Tunas Information Line at (978) 281–9260, or access hmspermits.noaa.gov, for updates on VerDate Sep<11>2014 16:01 Sep 23, 2021 Jkt 253001 Dated: September 21, 2021. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–20799 Filed 9–21–21; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 200420–0118; RTID 0648– XB432] Fisheries of the Northeastern United States; Scup Fishery; Adjustment to the 2021 Winter II Quota National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; in-season adjustment. AGENCY: NMFS adjusts the 2021 Winter II commercial scup quota and per-trip Federal landing limit. This action is necessary to comply with Framework Adjustment 3 to the Summer Flounder, Scup, and Black Sea SUMMARY: PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 53011 Bass Fishery Management Plan that established the rollover of unused commercial scup quota from the Winter I to Winter II period. This notification is intended to inform the public of this quota and trip limit change. DATES: Effective October 1, 2021, through December 31, 2021. FOR FURTHER INFORMATION CONTACT: Laura Hansen, Fishery Management Specialist, (978) 281–9225; or Laura.Hansen@noaa.gov. SUPPLEMENTARY INFORMATION: NMFS published a final rule for Framework Adjustment 3 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan in the Federal Register on November 3, 2003 (68 FR 62250), implementing a process to roll over unused Winter I commercial scup quota (January 1 through April 30) to be added to the Winter II period quota (October 1 through December 31) (50 CFR 648.122(d)). The framework also allows adjustment of the commercial possession limit for the Winter II period dependent on the amount of quota rolled over from the Winter I period. The Winter II period start date was changed from November 1 to October 1 as part of Framework Adjustment 12 (83 FR 17314; April 19, 2018). For 2021, the initial Winter II quota is 3,267,825 lb (1,482,260 kg). The best available landings information indicates that 3,415,629 lb (1,549,303 kg) remain of the 9,247,904 lb (4,194,779 kg) Winter I quota. Consistent with Framework 3, the full amount of unused 2021 Winter I quota is being transferred to Winter II, resulting in a revised 2021 Winter II quota of 6,683,454 lb (3,031,563 kg). Because the amount transferred is between 3.0 and 3.5 million lb (1,587,573 and 1,814,369 kg), the Federal per trip possession limit will increase from 12,000 lb (5,443 kg) to 21,000 lb (9,525 kg), as outlined in the final rule that established the possession limit and quota rollover procedures for this year, published on December 21, 2020 (85 FR 82946). The new possession limit would be effective October 1 through December 31, 2021. The possession limit will revert back to 12,000 lb (5,443 kg) at the start of the next fishing year that begins January 1, 2022. Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR 648.122(d), which was issued pursuant to section 304(b), and is exempted from review under Executive Order 12866. Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and E:\FR\FM\24SER1.SGM 24SER1 53012 Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Rules and Regulations an opportunity for public comment on this action, as notice and comment would be contrary to the public interest. This action transfers unused quota from the Winter I Period to the Winter II Period to make it accessible to the commercial scup fishery and increase fishing opportunities. If implementation of this in-season action is delayed to solicit prior public comment, the objective of the fishery management plan to achieve the optimum yield from the fishery could be compromised. Deteriorating weather conditions during the latter part of the fishing year may reduce fishing effort, and could also prevent the annual quota from being fully harvested. If this action is delayed, it would reduce the amount of time vessels have to realize the benefits of this quota increase, which would result in negative economic impacts on vessels permitted to fish in this fishery. Moreover, the rollover process being applied here is routine and formulaic and was the subject of notice and comment rulemaking, and the range of potential trip limit changes were outlined in the final 2018 scup specifications that were published December 22, 2017; which were developed through public notice and comment. The benefit of soliciting additional public comment on this formulaic adjustment would not outweigh the benefits of making this additional quota available to the fishery as quickly as possible. Based on these considerations, there is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delayed effectiveness period for the reasons stated above. Authority: 16 U.S.C. 1801 et seq. Dated: September 22, 2021. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–20902 Filed 9–23–21; 8:45 am] BILLING CODE 3510–22–P VerDate Sep<11>2014 16:01 Sep 23, 2021 Jkt 253001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 201209–0332] RTID 0648–XB433 Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; Quota Transfers From VA to NY and NJ to NC National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notification; quota transfers. AGENCY: NMFS announces that the Commonwealth of Virginia and the State of New Jersey are transferring a portion of their 2021 commercial bluefish quota to the states of New York and North Carolina, respectively. These quota adjustments are necessary to comply with the Atlantic Bluefish Fishery Management Plan quota transfer provisions. This announcement informs the public of the revised commercial bluefish quotas for Virginia, New York, New Jersey, and New York. DATES: Effective September 23, 2021, through December 31, 2021. FOR FURTHER INFORMATION CONTACT: Laura Hansen, Fishery Management Specialist, (978) 281–9225. SUPPLEMENTARY INFORMATION: Regulations governing the Atlantic bluefish fishery are found in 50 CFR 648.160 through 648.167. These regulations require annual specification of a commercial quota that is apportioned among the coastal states from Maine through Florida. The process to set the annual commercial quota and the percent allocated to each state is described in § 648.162, and the final 2021 allocations were published on December 16, 2020 (85 FR 81421). The final rule implementing Amendment 1 to the Bluefish Fishery SUMMARY: PO 00000 Frm 00062 Fmt 4700 Sfmt 9990 Management Plan (FMP) published in the Federal Register on July 26, 2000 (65 FR 45844), and provided a mechanism for transferring bluefish quota from one state to another. Two or more states, under mutual agreement and with the concurrence of the NMFS Greater Atlantic Regional Administrator, can request approval to transfer or combine bluefish commercial quota under § 648.162(e)(1)(i) through (iii). The Regional Administrator must approve any such transfer based on the criteria in § 648.162(e). In evaluating requests to transfer a quota or combine quotas, the Regional Administrator shall consider whether: The transfer or combinations would preclude the overall annual quota from being fully harvested; the transfer addresses an unforeseen variation or contingency in the fishery; and the transfer is consistent with the objectives of the FMP and the Magnuson-Stevens Act. Virginia is transferring 20,000 lb (9,072 kg) to New York, and New Jersey is transferring 40,000 lb (18,144 kg) to North Carolina through mutual agreement of the states. These transfers were requested to ensure that New York and North Carolina would not exceed their 2021 state quota. The revised bluefish quotas for 2021 are: Virginia, 258,800 lb (117,390 kg); New York, 357,438 lb (162,131 kg); New Jersey, 370,082 lb (167,866 kg); and, North Carolina, 927,377 lb (420,651 kg). Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR 648.162(e)(1)(i) through (iii), which was issued pursuant to section 304(b), and is exempted from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: September 21, 2021. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–20763 Filed 9–23–21; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\24SER1.SGM 24SER1

Agencies

[Federal Register Volume 86, Number 183 (Friday, September 24, 2021)]
[Rules and Regulations]
[Pages 53011-53012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20902]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 200420-0118; RTID 0648-XB432]


Fisheries of the Northeastern United States; Scup Fishery; 
Adjustment to the 2021 Winter II Quota

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

ACTION: Temporary rule; in-season adjustment.

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SUMMARY: NMFS adjusts the 2021 Winter II commercial scup quota and per-
trip Federal landing limit. This action is necessary to comply with 
Framework Adjustment 3 to the Summer Flounder, Scup, and Black Sea Bass 
Fishery Management Plan that established the rollover of unused 
commercial scup quota from the Winter I to Winter II period. This 
notification is intended to inform the public of this quota and trip 
limit change.

DATES: Effective October 1, 2021, through December 31, 2021.

FOR FURTHER INFORMATION CONTACT: Laura Hansen, Fishery Management 
Specialist, (978) 281-9225; or [email protected].

SUPPLEMENTARY INFORMATION: NMFS published a final rule for Framework 
Adjustment 3 to the Summer Flounder, Scup, and Black Sea Bass Fishery 
Management Plan in the Federal Register on November 3, 2003 (68 FR 
62250), implementing a process to roll over unused Winter I commercial 
scup quota (January 1 through April 30) to be added to the Winter II 
period quota (October 1 through December 31) (50 CFR 648.122(d)). The 
framework also allows adjustment of the commercial possession limit for 
the Winter II period dependent on the amount of quota rolled over from 
the Winter I period. The Winter II period start date was changed from 
November 1 to October 1 as part of Framework Adjustment 12 (83 FR 
17314; April 19, 2018).
    For 2021, the initial Winter II quota is 3,267,825 lb (1,482,260 
kg). The best available landings information indicates that 3,415,629 
lb (1,549,303 kg) remain of the 9,247,904 lb (4,194,779 kg) Winter I 
quota. Consistent with Framework 3, the full amount of unused 2021 
Winter I quota is being transferred to Winter II, resulting in a 
revised 2021 Winter II quota of 6,683,454 lb (3,031,563 kg). Because 
the amount transferred is between 3.0 and 3.5 million lb (1,587,573 and 
1,814,369 kg), the Federal per trip possession limit will increase from 
12,000 lb (5,443 kg) to 21,000 lb (9,525 kg), as outlined in the final 
rule that established the possession limit and quota rollover 
procedures for this year, published on December 21, 2020 (85 FR 82946). 
The new possession limit would be effective October 1 through December 
31, 2021. The possession limit will revert back to 12,000 lb (5,443 kg) 
at the start of the next fishing year that begins January 1, 2022.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 648.122(d), which was 
issued pursuant to section 304(b), and is exempted from review under 
Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and

[[Page 53012]]

an opportunity for public comment on this action, as notice and comment 
would be contrary to the public interest. This action transfers unused 
quota from the Winter I Period to the Winter II Period to make it 
accessible to the commercial scup fishery and increase fishing 
opportunities. If implementation of this in-season action is delayed to 
solicit prior public comment, the objective of the fishery management 
plan to achieve the optimum yield from the fishery could be 
compromised. Deteriorating weather conditions during the latter part of 
the fishing year may reduce fishing effort, and could also prevent the 
annual quota from being fully harvested. If this action is delayed, it 
would reduce the amount of time vessels have to realize the benefits of 
this quota increase, which would result in negative economic impacts on 
vessels permitted to fish in this fishery. Moreover, the rollover 
process being applied here is routine and formulaic and was the subject 
of notice and comment rulemaking, and the range of potential trip limit 
changes were outlined in the final 2018 scup specifications that were 
published December 22, 2017; which were developed through public notice 
and comment. The benefit of soliciting additional public comment on 
this formulaic adjustment would not outweigh the benefits of making 
this additional quota available to the fishery as quickly as possible. 
Based on these considerations, there is good cause under 5 U.S.C. 
553(d)(3) to waive the 30-day delayed effectiveness period for the 
reasons stated above.

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

    Dated: September 22, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-20902 Filed 9-23-21; 8:45 am]
BILLING CODE 3510-22-P
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