Fisheries of the Northeastern United States; 2022 and Projected 2023 Summer Flounder, Scup, and Black Sea Bass Specifications, 72859-72863 [2021-27773]
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Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Rules and Regulations
Monitoring and Reporting
NMFS will continue to monitor the
BFT fishery 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 adjustments, as well as closures,
and may result in enforcement actions.
Additionally, and separate from the
dealer reporting requirement, General
category and HMS Charter/Headboat
vessel owners are required to report the
catch of all BFT retained or discarded
dead within 24 hours of the landing(s)
or the end of each trip, by accessing
hmspermits.noaa.gov or by using the
HMS Catch Reporting app or calling
(888) 872–8862 (Monday through Friday
from 8 a.m. until 4:30 p.m.).
Under § 635.23(a)(4), NMFS may
increase or decrease the daily retention
limit of large medium and giant BFT
over a range of zero to a maximum of
five per vessel based on consideration of
the relevant criteria provided under
§ 635.27(a)(8). However, at this time,
NMFS is maintaining the default daily
retention limit of one large medium or
giant BFT per vessel per day/trip
(§ 635.23(a)(2)) for the January through
March 2022 General category fishery.
Regardless of the duration of a fishing
trip, no more than a single day’s
retention limit may be possessed,
retained, or landed. For example (and
specific to the limit that will apply
beginning January 1, 2022), whether a
vessel fishing under the General
category limit takes a 2-day trip or
makes two trips in 1 day, the daily limit
of one fish may not be exceeded upon
landing. This General category retention
limit is effective in all areas, except for
the Gulf of Mexico, where NMFS
prohibits targeted fishing for BFT, and
applies to those vessels permitted in the
General category, as well as to those
HMS Charter/Headboat permitted
vessels with a commercial sale
endorsement when fishing
commercially for BFT.
Depending on the level of fishing
effort and catch rates of BFT, NMFS
may determine that additional
adjustments (e.g., quota adjustment,
daily retention limit adjustment, or
closure) are necessary to ensure
available quota is 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
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quota monitoring and inseason
adjustments.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act and regulations at 50 CFR part 635
and is exempt from review under
Executive Order 12866.
The Assistant Administrator for
NMFS 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 its
amendments provide for inseason
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. Affording
prior notice, an opportunity for public
comment, and a delay in effective date
regarding this quota transfer for the
January through March 2022 subquota
period is impracticable and contrary to
the public interest. NMFS could not
have proposed this action earlier, as it
needed to consider and respond to
updated landings data, including the
recently available December 2021 data,
in deciding to transfer a portion of the
December 2022 subquota to the January
through March 2022 subquota. If NMFS
was to offer a public comment period or
delay in effective date now, after having
appropriately considered that data, it
could preclude fishermen from
harvesting BFT that are legally available
consistent with all of the regulatory
criteria. This action does not raise
conservation and management concerns.
Transferring quota within the General
category does not affect the overall U.S.
BFT quota, and the adjustment would
have a minimal risk of exceeding the
ICCAT-allocated quota. NMFS notes
that the public had an opportunity to
comment on the underlying
rulemakings that established the U.S.
BFT quota and the inseason adjustment
criteria. 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 these reasons,
there also is good cause under 5 U.S.C.
553(d) to waive the 30-day delay in
effective date.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: December 20, 2021.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–27898 Filed 12–20–21; 4:15 pm]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 211217–0262; RTID 0648–
XX072]
Fisheries of the Northeastern United
States; 2022 and Projected 2023
Summer Flounder, Scup, and Black
Sea Bass Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS announces 2022 and
projected 2023 specifications for the
summer flounder, scup, and black sea
fisheries. The implementing regulations
for the Summer Flounder, Scup, and
Black Sea Bass Fishery Management
Plan require us to publish specifications
for the upcoming fishing year for each
of these species. This action is intended
to inform the public of the
specifications for the start of the 2022
fishing year for summer flounder, scup,
and black sea bass.
DATES: This rule is effective January 1,
2022.
ADDRESSES: A Supplemental
Information Report (SIR) was prepared
for the 2022–2023 summer flounder,
scup, and black sea bass specifications.
Copies of the SIR are available on
request from Dr. Christopher M. Moore,
Executive Director, Mid-Atlantic
Fishery Management Council, Suite 201,
800 North State Street, Dover, DE 19901.
The SIR is also accessible via the
internet at https://www.mafmc.org/s/
SFSBSB_2022-2023_specs_SIR_
final.pdf.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Emily Keiley, Fishery Policy Analyst,
(978) 281–9116.
SUPPLEMENTARY INFORMATION:
General Background
The Mid-Atlantic Fishery
Management Council (Council) and the
Atlantic States Marine Fisheries
Commission (Commission)
cooperatively manage the summer
flounder, scup, and black sea bass
fisheries. The Summer Flounder, Scup,
and Black Sea Bass Fishery Management
Plan (FMP) outlines the Council’s
process for establishing specifications.
The FMP requires NMFS to set an
acceptable biological catch (ABC),
annual catch limit (ACL), annual catch
targets (ACT), commercial quotas,
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Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Rules and Regulations
recreational harvest limit (RHL), and
other management measures, for each
species for 1 to 3 years at a time. This
action implments 2022 and projects
2023 ABCs, as well as the recreational
and commercial ACLs, ACTs,
commercial quotas, and RHLs for all
three species, consistent with the
recommendations made by the
Commission’s Summer Flounder, Scup,
and Black Sea Bass Board (Board) and
the Council at their joint August 2021
meeting.
The Scientific and Statistical
Committee (SSC) met on July 22, 2021,
to review the results of the 2021
management track stock assessments
and recommend 2022 and 2023 ABCs
for all three species; specific
recommendations are discussed below.
Final 2022–2023 Specifications
Summer Flounder Specifications
This action approves the Council and
Board recommended 2022–2023
summer flounder catch and landings
limits as shown in Table 1. The
recommendations are based on the most
recent (2021) stock assessment and the
application of the Council’s risk policy.
For summer flounder, this results in a
22-percent increase in the
recommended 2022 and 2023 ABC over
the 2021 ABC. The proposed rule
(November 24, 2021; 86 FR 67014) and
Section 5.2 of the Council’s SIR
provides information on how the
specifications were calculated.
TABLE 1—SUMMARY OF 2022 AND PROJECTED 2023 SUMMER FLOUNDER FISHERY SPECIFICATIONS
Specifications
Mil lb.
Overfishing Limit (OFL) ...........................................................................................................................................
ABC ..........................................................................................................................................................................
Commercial ACL = ACT ..........................................................................................................................................
Commercial Quota ...................................................................................................................................................
Recreational ACL = ACT .........................................................................................................................................
RHL ..........................................................................................................................................................................
The final state summer flounder
commercial quotas take into account
any overages that occurred during the
2020 or current fishing year, through
October 31, as described at 50 CFR
648.103(b)(2). The final 2022 state-by-
Metric ton
2022: 36.28
2023: 34.98
33.12
18.48
15.53
14.64
10.36
2022: 16,458
2023: 15,865
15,021
8,382
7,046
6,639
4,697
state summer flounder commercial
quotas are provided in Table 2.
TABLE 2—FINAL 2022 SUMMER FLOUNDER STATE-BY-STATE COMMERCIAL QUOTAS
Final 2022
quotas
(lb)
State
Final 2022
quotas
(mt)
ME ............................................................................................................................................................................
NH ............................................................................................................................................................................
MA ............................................................................................................................................................................
RI .............................................................................................................................................................................
CT ............................................................................................................................................................................
NY ............................................................................................................................................................................
NJ .............................................................................................................................................................................
DE ............................................................................................................................................................................
MD ...........................................................................................................................................................................
VA ............................................................................................................................................................................
NC ............................................................................................................................................................................
24,488
19,990
1,391,846
2,238,216
956,043
1,470,779
2,337,728
¥19,173
935,226
2,776,242
3,361,569
11.11
9.07
631.33
1,015.24
433.65
667.13
1,060.38
¥8.70
424.21
1,259.28
1,524.78
Total ..................................................................................................................................................................
15,512,127
7,036.18
Note: Summed not including Delaware.
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This action makes no changes to the
current commercial management
measures, including the minimum fish
size (14-inch (36-cm) total length), gear
requirements, and possession limits.
Changes to 2022 recreational
management measures (bag limits, size
limits, and seasons) are not considered
in this action but will be considered by
the Board and Council later this year
when additional data are available for
2021.
Black Sea Bass Specifications
This action approves the Council and
Board recommended 2022–2023 black
sea bass catch and landings limits as
shown in Table 3. The
recommendations are based on the most
recent (2021) stock assessment and the
application of the Council’s risk policy.
This results in a 2022 black sea bass
ABC that is an 8-percent increase
compared to 2021 and a projected 2023
ABC that is a 5-percent decrease
compared to 2021. The proposed rule
and Section 5.2 of the Council’s SIR
provides information on how the
specifications were calculated.
TABLE 3—2022 AND PROJECTED 2023 BLACK SEA BASS CATCH AND LANDINGS LIMITS
2022
2023
Specifications
Mil lb.
OFL ..................................................................................................................
ABC ..................................................................................................................
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Metric ton
19.26
18.86
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8,735
8,555
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Mil lb.
17.01
16.66
Metric ton
7,716
7,557
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TABLE 3—2022 AND PROJECTED 2023 BLACK SEA BASS CATCH AND LANDINGS LIMITS—Continued
2022
2023
Specifications
Mil lb.
Expected Commercial Discards .......................................................................
Expected Recreational Discards ......................................................................
Commercial ACL = ACT ..................................................................................
Commercial Quota ...........................................................................................
Recreational ACL = ACT .................................................................................
RHL ..................................................................................................................
This action does not change the 2022
commercial management measures for
black sea bass, including the
commercial minimum fish size (11-inch
(27.94-cm) total length) and gear
requirements.
Metric ton
3.63
2.02
10.10
6.47
8.76
6.74
Mil lb.
1,649
917
4,583
2,934
3,972
3,055
Scup Specifications
This action approves the Council and
Board recommended 2022–2023 scup
catch and landings limits as shown in
Table 4. The recommendations are
based on the most recent (2021) stock
assessment and the application of the
Metric ton
3.21
1.79
8.93
5.71
7.74
5.95
1,456
810
4,048
2,592
3,509
2,699
Council’s risk policy. This results in a
2022 ABC that is 8 percent less than the
2021 ABC; the projected 2023 ABC is 15
percent less than the 2021 ABC. The
proposed rule and Section 5.2 of the
Council’s SIR provides information on
how the specifications were calculated.
TABLE 4—2022 AND PROJECTED 2023 SCUP CATCH AND LANDINGS LIMITS
2022
2023
Specifications
Mil lb.
OFL ..................................................................................................................
ABC ..................................................................................................................
Expected Commercial Discards .......................................................................
Expected Recreational Discards ......................................................................
Commercial ACL = ACT ..................................................................................
Commercial Quota ...........................................................................................
Recreational ACL = ACT .................................................................................
RHL ..................................................................................................................
32.56
32.11
4.67
0.99
25.05
20.38
7.06
6.08
Metric ton
Mil lb.
14,770
14,566
2,117
447
11,361
9,245
3,205
2,757
Metric ton
30.09
29.67
5.28
1.12
23.15
17.87
6.53
5.41
13,648
13,460
2,394
506
10,499
8,105
2,961
2,455
The commercial scup quota is divided
into three commercial fishery quota
periods, as outlined in Table 5.
TABLE 5—COMMERCIAL SCUP QUOTA ALLOCATIONS FOR 2022 BY QUOTA PERIOD
Quota Period
Percent share
lb
mt
Winter I ........................................................................................................................................
Summer .......................................................................................................................................
Winter II .......................................................................................................................................
45.11
38.95
15.94
9,194,201
7,938,686
3,248,849
4,170
3,601
1,474
Total ......................................................................................................................................
100.0
20,381,736
9,245
The current quota period possession
limits are not changed by this action
and are outlined in Table 6.
TABLE 6—COMMERCIAL SCUP POSSESSION LIMITS BY QUOTA PERIOD
Quota period
Percent share
Federal possession limits
(per trip)
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lb
kg
Winter I ........................................................................................................................................
Summer .......................................................................................................................................
Winter II .......................................................................................................................................
45.11
38.95
15.94
50,000
N/A
12,000
22,680
N/A
5,443
Total ......................................................................................................................................
100.0
N/A
N/A
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Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Rules and Regulations
The Winter I possession limit will
drop to 1,000 lb (454 kg) when 80
percent of that period’s allocation is
landed. If the Winter I quota is not fully
harvested, the remaining quota is
transferred to Winter II. The Winter II
possession limit may be adjusted (in
association with a transfer of unused
Winter I quota to the Winter II period)
via notification in the Federal Register.
The regulations specify that the Winter
II possession limit increases consistent
with the increase in the quota, as
described in Table 7.
TABLE 7—POTENTIAL INCREASE IN WINTER II POSSESSION LIMITS BASED ON THE AMOUNT OF UNUSED SCUP ROLLED
OVER FROM WINTER I TO WINTER II
Initial Winter II possession
limit
Rollover from Winter I to Winter II
lb
kg
lb
12,000
12,000
12,000
12,000
12,000
5,443
5,443
5,443
5,443
5,443
0–499,999
500,000–999,999
1,000,000–1,499,999
1,500,000–1,999,999
* 2,000,000–2,500,000
Increase in initial Winter II
possession limit
kg
0–226,796
226,796–453,592
453,592–680,388
680,389–907,184
907,185–1,133,981
Final Winter II possession limit after rollover
from Winter I to Winter II
lb
kg
lb
kg
0
1,500
3,000
4,500
6,000
0
680
1,361
2,041
2,722
12,000
13,500
15,000
16,500
18,000
5,443
6,123
6,804
7,484
8,165
* This process of increasing the possession limit in 1,500-lb (680-kg) increments would continue past 2,500,000 lb (1,122,981 kg), but we end
here for the purpose of this example.
This action does not change the 2022
commercial management measures for
scup, including the minimum fish size
(9-inch (22.9-cm) total length), gear
requirements, and quota period
possession limits. As with summer
flounder and black sea bass, potential
changes to the recreational measures
(bag limits, size limits, and seasons) for
2022 will be considered later this year
when additional data are available for
2021.
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Comments and Responses
We received one comment on the
proposed rule (November 24, 2021; 86
FR 67014). The comment was from the
State of New York and the New York
State Department of Environmental
Conservation (hereinafter referenced as
‘‘New York’’). New York’s comment
comprises a cover letter and seven
attachments. The attachments were the
comment letters and supporting
documents that New York previously
submitted in response to the proposed
rule for the 2020–2021 Summer
Flounder, Scup, Black Sea Bass, and
Bluefish Specifications (84 FR 36046;
July 26, 2019) and the proposed rule for
Amendment 21 to the FMP (85 FR
48660; August 12, 2020). Similar to
arguments made in ongoing litigation,
New York contends that the revised
allocations and resulting quotas are not
in accordance with Magnuson-Stevens
Act’s National Standards 2, 4, 5, and 7.
NMFS’ responses to New York’s
previously submitted comments can be
found in the final rules for those two
actions (84 FR 54041; October 9, 2019,
and 85 FR 80661; December 14, 2020)
and are not repeated here. The state
commercial summer flounder allocation
formula is established in the regulations
at 50 CFR 648.102(c), and as such must
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be followed in setting the quotas in this
specifications action. Deviating from
this formula would require a rulemaking
to modify the current regulations, which
is beyond the scope of this action.
Changes From the Proposed Rule
As described in the proposed rule, the
summer flounder specifications in this
final rule incorporate overage
information to calculate the final state
quotas that was not available
previously.
Classification
Pursuant to section 304(b)(3) of the
Magnuson-Stevens Act, the NMFS
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.
The Assistant Administrator for
Fisheries finds that the need to
implement these measures in a timely
manner constitutes good cause, under
the authority contained in 5 U.S.C.
553(d)(3), to waive the 30-day delay in
effective date of this action. This action
implements 2022 specifications for the
summer flounder, scup, and black sea
bass fisheries. These specifications
should be effective by the start of the
fishing year on January 1, 2022, and
must be published on or before
December 31, 2021.
This rule is being issued at the earliest
possible date. Preparation of the
proposed rule was dependent on the
Council’s submission of the SIR. NMFS
received the final version of the SIR on
November 5, 2021. Preparation of the
final rule is also dependent on the
analysis of commercial summer
flounder landings for the prior fishing
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year (2020) and the current fishing year
through October 31, 2021, to determine
whether any overages have occurred
and adjustments are needed to the final
state quotas. This process is codified in
the summer flounder regulations and,
therefore, cannot be performed earlier.
Annual publication of the summer
flounder quotas prior to the start of the
fishing year, by December 31, is
required by Court Order in North
Carolina Fisheries Association v. Daley.
The 30-day delay in implementation
for this rule is also unnecessary because
this rule contains no new measures (e.g.,
requiring new nets or equipment) for
which regulated entities need time to
prepare or revise their current
practices.This final rule is exempt from
review under Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to theChief Counsel for Advocacy of the
Small Business Administration during
the proposedrule stage that this action
would not have a significant economic
impact on a substantialnumber of small
entities. The factual basis for the
certification was published in
theproposed rule and is not repeated
here. No comments were received
regarding thiscertification. As a result, a
regulatory flexibility analysis was not
required and none wasprepared.
This final rule contains no
information collection requirements
under thePaperwork Reduction Act of
1995.
Authority: 16 U.S.C. 1801 et seq.
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Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Rules and Regulations
Dated: December 17, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs,National Marine
Fisheries Service.
[FR Doc. 2021–27773 Filed 12–22–21; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 201204–0325]
RIN 0648–BL10
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
2021–2022 Biennial Specifications and
Management Measures; Inseason
Adjustments
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; inseason adjustments
to biennial groundfish management
measures.
AGENCY:
This final rule announces
routine inseason adjustments to
management measures in commercial
and recreational groundfish fisheries.
This action is intended to allow
commercial and recreational fishery
participants to access more abundant
groundfish stocks while protecting
rebuilding stocks.
DATES: This final rule is effective
January 1, 2022.
FOR FURTHER INFORMATION CONTACT:
Sean E. Matson, (206) 526–6140, email:
sean.matson@noaa.gov.
ADDRESSES:
SUMMARY:
Electronic Access
This rule is accessible via the internet
at the Office of the Federal Register
website at https://
www.federalregister.gov. Background
information and documents are
available at the Pacific Fishery
Management Council’s website at https://
www.pcouncil.org/.
SUPPLEMENTARY INFORMATION:
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Background
The Pacific Coast Groundfish Fishery
Management Plan (PCGFMP) and its
implementing regulations at title 50 in
the Code of Federal Regulations (CFR),
part 660, subparts C through G, regulate
fishing for over 90 species of groundfish
off the coasts of Washington, Oregon,
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and California. The Pacific Fishery
Management Council (Council)
develops groundfish harvest
specifications and management
measures for two year periods (i.e., a
biennium). NMFS published the final
rule to implement harvest specifications
and management measures for the
2021–2022 biennium for most species
managed under the PCGFMP on
December 11, 2020 (85 FR 79880). In
general, the management measures set at
the start of the biennial harvest
specifications cycle help the various
sectors of the fishery attain, but not
exceed, the catch limits for each stock.
The Council, in coordination with
Pacific Coast Treaty Indian Tribes and
the States of Washington, Oregon, and
California, recommends adjustments to
the management measures during the
fishing year to achieve this goal.
At its meeting on November 15–22,
2021, the Council made
recommendations for the 2022 fishing
year, which included decreasing trip
limits for the Limited Entry (LE) and
Open Access (OA) fixed gear (FG)
sablefish, Daily Trip Limit (DTL)
fisheries north of 36° N latitude. The
Council also recommended increasing
trip limits for the fixed gear lingcod
fishery, north of 42° N latitude (LE and
OA), beginning January 1, 2022, and for
the remainder of the 2022 fishing year
unless superseded by a subsequent
action. Additionally, the Council
recommended new sub-bag limits and
sub-trip limits, in recreational and nontrawl commercial fisheries respectively,
for two nearshore species, quillback
rockfish and copper rockfish, as well as
the shelf species vermillion rockfish.
Pacific Coast groundfish fisheries are
managed using harvest specifications or
limits (e.g., overfishing limits [OFL],
acceptable biological catch [ABC],
annual catch limits [ACL] and harvest
guidelines [HG]) recommended
biennially by the Council and based on
the best scientific information available
at that time (50 CFR 660.60(b)). During
development of the harvest
specifications, the Council also
recommends management measures
(e.g., trip limits, area closures, and bag
limits) that are meant to manage catch
so as not to exceed the harvest
specifications. The harvest
specifications and management
measures developed for the 2021–2022
biennium used data through the 2020
fishing year. Each of the adjustments to
management measures discussed below
are based on updated fisheries
information that was unavailable when
the analysis for the current harvest
specifications was completed. As new
fisheries data become available,
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projected impacts of management
measures are updated, and the
management measures themselves may
need to be adjusted so as to help
harvesters achieve but not exceed the
harvest limits.
Sablefish (Anoplopoma fimbria) is an
important commercial species on the
West Coast, targeted by vessels using
both bottom trawl and fixed gear
(longlines and pots/traps). The sablefish
stock is managed with a coast-wide OFL
and ABC, but with separate ACLs north
and south of 36° N latitude. In 2022, the
ACL for sablefish north of 36° N latitude
is 6,566 metric tons (mt) with a fishery
HG of 5,872 mt. The fishery HG north
of 36° N latitude is further divided
between the LE FG and OA sectors with
90.6 percent, or 5,320 mt, allocated to
the LE sector and 9.4 percent, or 552 mt,
allocated to the OA sector. The LE share
is divided so that 58 percent is allocated
to trawl and 42 percent is allocated to
FG. The LE FG share is further divided
between the sablefish primary (tier)
fishery (85% or 1,899 mt) and the daily
trip limit (DTL) fisheries (15% or 335
mt), as shown in Table 2c to title 50,
part 660, subpart C. The sablefish DTL
fisheries are individually managed
using landing targets (Table 1), which
have accounted for discard mortality a
priori, by subtracting 4.5 percent from
the DTL catch share. This same method
of accounting for discard mortality to
calculate the landing target is also used
in managing the OA sablefish DTL
fishery, north of 36° N latitude (Table 1).
Lingcod (Ophiodon elongates) is
another important commercial species
on the West Coast, and like sablefish,
caught by vessels with both trawl and
fixed gear (longlines and pots/traps).
The lingcod stock is managed separately
north and south of 40°10′ N latitude,
with a northern ACL of 4,958 mt in
2022, a fishery HG of 4,679.6 mt, and a
northern trawl fixed gear allocation of
2,105.8, or 45 percent of the HG, and a
northern non-trawl allocation of 2,573.8,
or 55 percent. Lingcod north of 40°10′
N latitude are additionally managed
north and south of 42° N latitude,
typically with different trip limits set
north and south of that management
line.
Quillback rockfish (Sebastes maliger)
off California (CA), are currently
managed as part of the Minor Nearshore
Rockfish complex, which is split north
and south of 40°10′ N latitude. A stock
assessment conducted in 2021 indicated
the stock is not healthy, and interim
measures to reduce mortality are
warranted while broader measures are
being developed as part of the 2023–
2024 groundfish biennial harvest
specifications and management
E:\FR\FM\23DER1.SGM
23DER1
]]>Agencies
[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Rules and Regulations]
[Pages 72859-72863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27773]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 211217-0262; RTID 0648-XX072]
Fisheries of the Northeastern United States; 2022 and Projected
2023 Summer Flounder, Scup, and Black Sea Bass Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS announces 2022 and projected 2023 specifications for the
summer flounder, scup, and black sea fisheries. The implementing
regulations for the Summer Flounder, Scup, and Black Sea Bass Fishery
Management Plan require us to publish specifications for the upcoming
fishing year for each of these species. This action is intended to
inform the public of the specifications for the start of the 2022
fishing year for summer flounder, scup, and black sea bass.
DATES: This rule is effective January 1, 2022.
ADDRESSES: A Supplemental Information Report (SIR) was prepared for the
2022-2023 summer flounder, scup, and black sea bass specifications.
Copies of the SIR are available on request from Dr. Christopher M.
Moore, Executive Director, Mid-Atlantic Fishery Management Council,
Suite 201, 800 North State Street, Dover, DE 19901. The SIR is also
accessible via the internet at https://www.mafmc.org/s/SFSBSB_2022-2023_specs_SIR_final.pdf.
FOR FURTHER INFORMATION CONTACT: Emily Keiley, Fishery Policy Analyst,
(978) 281-9116.
SUPPLEMENTARY INFORMATION:
General Background
The Mid-Atlantic Fishery Management Council (Council) and the
Atlantic States Marine Fisheries Commission (Commission) cooperatively
manage the summer flounder, scup, and black sea bass fisheries. The
Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP)
outlines the Council's process for establishing specifications. The FMP
requires NMFS to set an acceptable biological catch (ABC), annual catch
limit (ACL), annual catch targets (ACT), commercial quotas,
[[Page 72860]]
recreational harvest limit (RHL), and other management measures, for
each species for 1 to 3 years at a time. This action implments 2022 and
projects 2023 ABCs, as well as the recreational and commercial ACLs,
ACTs, commercial quotas, and RHLs for all three species, consistent
with the recommendations made by the Commission's Summer Flounder,
Scup, and Black Sea Bass Board (Board) and the Council at their joint
August 2021 meeting.
The Scientific and Statistical Committee (SSC) met on July 22,
2021, to review the results of the 2021 management track stock
assessments and recommend 2022 and 2023 ABCs for all three species;
specific recommendations are discussed below.
Final 2022-2023 Specifications
Summer Flounder Specifications
This action approves the Council and Board recommended 2022-2023
summer flounder catch and landings limits as shown in Table 1. The
recommendations are based on the most recent (2021) stock assessment
and the application of the Council's risk policy. For summer flounder,
this results in a 22-percent increase in the recommended 2022 and 2023
ABC over the 2021 ABC. The proposed rule (November 24, 2021; 86 FR
67014) and Section 5.2 of the Council's SIR provides information on how
the specifications were calculated.
Table 1--Summary of 2022 and Projected 2023 Summer Flounder Fishery
Specifications
------------------------------------------------------------------------
Specifications Mil lb. Metric ton
------------------------------------------------------------------------
Overfishing Limit (OFL)................. 2022: 36.28 2022: 16,458
2023: 34.98 2023: 15,865
ABC..................................... 33.12 15,021
Commercial ACL = ACT.................... 18.48 8,382
Commercial Quota........................ 15.53 7,046
Recreational ACL = ACT.................. 14.64 6,639
RHL..................................... 10.36 4,697
------------------------------------------------------------------------
The final state summer flounder commercial quotas take into account
any overages that occurred during the 2020 or current fishing year,
through October 31, as described at 50 CFR 648.103(b)(2). The final
2022 state-by-state summer flounder commercial quotas are provided in
Table 2.
Table 2--Final 2022 Summer Flounder State-by-State Commercial Quotas
------------------------------------------------------------------------
Final 2022 Final 2022
State quotas (lb) quotas (mt)
------------------------------------------------------------------------
ME...................................... 24,488 11.11
NH...................................... 19,990 9.07
MA...................................... 1,391,846 631.33
RI...................................... 2,238,216 1,015.24
CT...................................... 956,043 433.65
NY...................................... 1,470,779 667.13
NJ...................................... 2,337,728 1,060.38
DE...................................... -19,173 -8.70
MD...................................... 935,226 424.21
VA...................................... 2,776,242 1,259.28
NC...................................... 3,361,569 1,524.78
-------------------------------
Total............................... 15,512,127 7,036.18
------------------------------------------------------------------------
Note: Summed not including Delaware.
This action makes no changes to the current commercial management
measures, including the minimum fish size (14-inch (36-cm) total
length), gear requirements, and possession limits. Changes to 2022
recreational management measures (bag limits, size limits, and seasons)
are not considered in this action but will be considered by the Board
and Council later this year when additional data are available for
2021.
Black Sea Bass Specifications
This action approves the Council and Board recommended 2022-2023
black sea bass catch and landings limits as shown in Table 3. The
recommendations are based on the most recent (2021) stock assessment
and the application of the Council's risk policy. This results in a
2022 black sea bass ABC that is an 8-percent increase compared to 2021
and a projected 2023 ABC that is a 5-percent decrease compared to 2021.
The proposed rule and Section 5.2 of the Council's SIR provides
information on how the specifications were calculated.
Table 3--2022 and Projected 2023 Black Sea Bass Catch and Landings Limits
----------------------------------------------------------------------------------------------------------------
2022 2023
Specifications ---------------------------------------------------------------
Mil lb. Metric ton Mil lb. Metric ton
----------------------------------------------------------------------------------------------------------------
OFL............................................. 19.26 8,735 17.01 7,716
ABC............................................. 18.86 8,555 16.66 7,557
[[Page 72861]]
Expected Commercial Discards.................... 3.63 1,649 3.21 1,456
Expected Recreational Discards.................. 2.02 917 1.79 810
Commercial ACL = ACT............................ 10.10 4,583 8.93 4,048
Commercial Quota................................ 6.47 2,934 5.71 2,592
Recreational ACL = ACT.......................... 8.76 3,972 7.74 3,509
RHL............................................. 6.74 3,055 5.95 2,699
----------------------------------------------------------------------------------------------------------------
This action does not change the 2022 commercial management measures
for black sea bass, including the commercial minimum fish size (11-inch
(27.94-cm) total length) and gear requirements.
Scup Specifications
This action approves the Council and Board recommended 2022-2023
scup catch and landings limits as shown in Table 4. The recommendations
are based on the most recent (2021) stock assessment and the
application of the Council's risk policy. This results in a 2022 ABC
that is 8 percent less than the 2021 ABC; the projected 2023 ABC is 15
percent less than the 2021 ABC. The proposed rule and Section 5.2 of
the Council's SIR provides information on how the specifications were
calculated.[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT][/
PREAMB][SUPLINF][HED]*[/HED]
Table 4--2022 and Projected 2023 Scup Catch and Landings Limits
----------------------------------------------------------------------------------------------------------------
2022 2023
Specifications ---------------------------------------------------------------
Mil lb. Metric ton Mil lb. Metric ton
----------------------------------------------------------------------------------------------------------------
OFL............................................. 32.56 14,770 30.09 13,648
ABC............................................. 32.11 14,566 29.67 13,460
Expected Commercial Discards.................... 4.67 2,117 5.28 2,394
Expected Recreational Discards.................. 0.99 447 1.12 506
Commercial ACL = ACT............................ 25.05 11,361 23.15 10,499
Commercial Quota................................ 20.38 9,245 17.87 8,105
Recreational ACL = ACT.......................... 7.06 3,205 6.53 2,961
RHL............................................. 6.08 2,757 5.41 2,455
----------------------------------------------------------------------------------------------------------------
The commercial scup quota is divided into three commercial fishery
quota periods, as outlined in Table 5.
Table 5--Commercial Scup Quota Allocations for 2022 by Quota Period
----------------------------------------------------------------------------------------------------------------
Quota Period Percent share lb mt
----------------------------------------------------------------------------------------------------------------
Winter I........................................................ 45.11 9,194,201 4,170
Summer.......................................................... 38.95 7,938,686 3,601
Winter II....................................................... 15.94 3,248,849 1,474
-----------------------------------------------
Total....................................................... 100.0 20,381,736 9,245
----------------------------------------------------------------------------------------------------------------
The current quota period possession limits are not changed by this
action and are outlined in Table 6.
Table 6--Commercial Scup Possession Limits by Quota Period
----------------------------------------------------------------------------------------------------------------
Federal possession limits (per
trip)
Quota period Percent share -------------------------------
lb kg
----------------------------------------------------------------------------------------------------------------
Winter I........................................................ 45.11 50,000 22,680
Summer.......................................................... 38.95 N/A N/A
Winter II....................................................... 15.94 12,000 5,443
-----------------------------------------------
Total....................................................... 100.0 N/A N/A
----------------------------------------------------------------------------------------------------------------
[[Page 72862]]
The Winter I possession limit will drop to 1,000 lb (454 kg) when
80 percent of that period's allocation is landed. If the Winter I quota
is not fully harvested, the remaining quota is transferred to Winter
II. The Winter II possession limit may be adjusted (in association with
a transfer of unused Winter I quota to the Winter II period) via
notification in the Federal Register. The regulations specify that the
Winter II possession limit increases consistent with the increase in
the quota, as described in Table 7.
Table 7--Potential Increase in Winter II Possession Limits Based on the Amount of Unused Scup Rolled Over From Winter I to Winter II
--------------------------------------------------------------------------------------------------------------------------------------------------------
Initial Winter II possession Rollover from Winter I to Winter II Increase in initial Winter II Final Winter II possession
limit --------------------------------------------------------- possession limit limit after rollover from
-------------------------------- -------------------------------- Winter I to Winter II
lb kg -------------------------------
lb kg lb kg lb kg
--------------------------------------------------------------------------------------------------------------------------------------------------------
12,000 5,443 0-499,999 0-226,796 0 0 12,000 5,443
12,000 5,443 500,000-999,999 226,796-453,592 1,500 680 13,500 6,123
12,000 5,443 1,000,000-1,499,999 453,592-680,388 3,000 1,361 15,000 6,804
12,000 5,443 1,500,000-1,999,999 680,389-907,184 4,500 2,041 16,500 7,484
12,000 5,443 * 2,000,000-2,500,000 907,185-1,133,981 6,000 2,722 18,000 8,165
--------------------------------------------------------------------------------------------------------------------------------------------------------
* This process of increasing the possession limit in 1,500-lb (680-kg) increments would continue past 2,500,000 lb (1,122,981 kg), but we end here for
the purpose of this example.
This action does not change the 2022 commercial management measures
for scup, including the minimum fish size (9-inch (22.9-cm) total
length), gear requirements, and quota period possession limits. As with
summer flounder and black sea bass, potential changes to the
recreational measures (bag limits, size limits, and seasons) for 2022
will be considered later this year when additional data are available
for 2021.
Comments and Responses
We received one comment on the proposed rule (November 24, 2021; 86
FR 67014). The comment was from the State of New York and the New York
State Department of Environmental Conservation (hereinafter referenced
as ``New York''). New York's comment comprises a cover letter and seven
attachments. The attachments were the comment letters and supporting
documents that New York previously submitted in response to the
proposed rule for the 2020-2021 Summer Flounder, Scup, Black Sea Bass,
and Bluefish Specifications (84 FR 36046; July 26, 2019) and the
proposed rule for Amendment 21 to the FMP (85 FR 48660; August 12,
2020). Similar to arguments made in ongoing litigation, New York
contends that the revised allocations and resulting quotas are not in
accordance with Magnuson-Stevens Act's National Standards 2, 4, 5, and
7. NMFS' responses to New York's previously submitted comments can be
found in the final rules for those two actions (84 FR 54041; October 9,
2019, and 85 FR 80661; December 14, 2020) and are not repeated here.
The state commercial summer flounder allocation formula is established
in the regulations at 50 CFR 648.102(c), and as such must be followed
in setting the quotas in this specifications action. Deviating from
this formula would require a rulemaking to modify the current
regulations, which is beyond the scope of this action.
Changes From the Proposed Rule
As described in the proposed rule, the summer flounder
specifications in this final rule incorporate overage information to
calculate the final state quotas that was not available previously.
Classification
Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS
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.
The Assistant Administrator for Fisheries finds that the need to
implement these measures in a timely manner constitutes good cause,
under the authority contained in 5 U.S.C. 553(d)(3), to waive the 30-
day delay in effective date of this action. This action implements 2022
specifications for the summer flounder, scup, and black sea bass
fisheries. These specifications should be effective by the start of the
fishing year on January 1, 2022, and must be published on or before
December 31, 2021.
This rule is being issued at the earliest possible date.
Preparation of the proposed rule was dependent on the Council's
submission of the SIR. NMFS received the final version of the SIR on
November 5, 2021. Preparation of the final rule is also dependent on
the analysis of commercial summer flounder landings for the prior
fishing year (2020) and the current fishing year through October 31,
2021, to determine whether any overages have occurred and adjustments
are needed to the final state quotas. This process is codified in the
summer flounder regulations and, therefore, cannot be performed
earlier. Annual publication of the summer flounder quotas prior to the
start of the fishing year, by December 31, is required by Court Order
in North Carolina Fisheries Association v. Daley.
The 30-day delay in implementation for this rule is also
unnecessary because this rule contains no new measures (e.g., requiring
new nets or equipment) for which regulated entities need time to
prepare or revise their current practices.This final rule is exempt
from review under Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to theChief Counsel for Advocacy of the Small Business
Administration during the proposedrule stage that this action would not
have a significant economic impact on a substantialnumber of small
entities. The factual basis for the certification was published in
theproposed rule and is not repeated here. No comments were received
regarding thiscertification. As a result, a regulatory flexibility
analysis was not required and none wasprepared.
This final rule contains no information collection requirements
under thePaperwork Reduction Act of 1995.
Authority: 16 U.S.C. 1801 et seq.
[[Page 72863]]
Dated: December 17, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs,National Marine
Fisheries Service.
[FR Doc. 2021-27773 Filed 12-22-21; 8:45 am]
BILLING CODE 3510-22-P[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
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