Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; Quota Transfer From MD to NC, 18276-18277 [2022-06723]
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Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations
Fishery Management Plan for the
Snapper-Grouper Fishery of the South
Atlantic Region (FMP). The South
Atlantic Fishery Management Council
prepared the FMP and the FMP 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.
The recreational fishing year for black
sea bass is April 1 through March 31.
The recreational AM for black sea bass
requires that before the April 1 start date
of each recreational fishing year, NMFS
projects the length of the recreational
fishing season based on when NMFS
projects the recreational ACL will be
met, and announces the recreational
season end date in the Federal Register
(50 CFR 622.193(e)(2)). The purpose of
this AM is to have a more predictable
recreational season length while still
constraining harvest at or below the
recreational ACL to protect the stock
from experiencing adverse biological
consequences.
The recreational ACL for the 2020–
2021 black sea bass fishing year is
310,602 lb (140,887 kg), gutted weight,
366,510 lb (166,246 kg), round weight.
The recreational ACL was set through
the final rule for Abbreviated
Framework Amendment 2 to the FMP
(84 FR 14021, April 9, 2019).
NMFS estimates that recreational
landings for the 2022–2023 fishing year
will be less than the 2020–2021
recreational ACL. To make this
determination, NMFS compared
recreational landings in the last 3
fishing years (2018/2019, 2019/2020,
and 2020/2021) to the recreational ACL
for the 2022–2023 black sea bass fishing
year. Recreational landings in each of
the past 3 fishing years have been
substantially less than the 2022–2023
recreational ACL; therefore, recreational
landings are projected to be less than
the 2022–2023 recreational ACL.
Accordingly, the recreational sector for
black sea bass is not expected to close
during the fishing year as a result of
reaching its ACL, and the season end
date for recreational fishing for black sea
bass in the South Atlantic EEZ south of
35°15.9′ N latitude is March 31, 2021.
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Classification
16:36 Mar 29, 2022
Authority: 16 U.S.C. 1801 et seq.
Dated: March 24, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2022–06702 Filed 3–29–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 201209–0332; RTID 0648–
XB687]
Fisheries of the Northeastern United
States; Atlantic Bluefish Fishery;
Quota Transfer From MD to NC
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification; quota transfers.
AGENCY:
NMFS announces that the
State of Maryland is transferring a
portion of its 2021 commercial bluefish
quota to the State of North Carolina.
This quota adjustment is necessary to
comply with the Atlantic Bluefish
Fishery Management Plan quota transfer
provisions. This announcement informs
SUMMARY:
The Regional Administrator for the
NMFS Southeast Region has determined
this temporary rule is necessary for the
conservation and management of South
Atlantic black sea bass and is consistent
with the FMP, the Magnuson-Stevens
Act, and other applicable laws.
VerDate Sep<11>2014
This action is taken under 50 CFR
622.193(e)(2) and is exempt from review
under Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because the temporary rule is issued
without opportunity for prior notice and
comment.
This action responds to the best
scientific information available. The
Assistant Administrator for NOAA
Fisheries (AA) finds that the need to
immediately implement the notice of
the recreational season length
constitutes good cause to waive the
requirements to provide prior notice
and opportunity for public comment
pursuant to the authority set forth in 5
U.S.C. 553(b)(B), because prior notice
and opportunity for public comment on
this temporary rule is unnecessary.
Such procedures are unnecessary,
because the rule establishing the AM
has already been subject to notice and
comment and all that remains is to
notify the public of the recreational
season length.
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).
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the public of the revised commercial
bluefish quotas for Maryland and North
Carolina.
Effective March 25, 2022 through
December 31, 2021.
DATES:
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
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.
Maryland is transferring 10,000 lb
(4,536 kg) to North Carolina through
mutual agreement of the states. This
transfer was requested to ensure that
North Carolina would not exceed their
2021 state quota. The revised bluefish
quotas for 2021 are: Maryland 33,084 lb
(15,007 kg) and North Carolina,
1,082,377 lb (490,958 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.
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Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations
Authority: 16 U.S.C. 1801 et seq.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2022–06723 Filed 3–25–22; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No.: 220325–0078]
RIN 0648–BL13
Fisheries of the Northeastern United
States; Framework Adjustment 34 to
the Atlantic Sea Scallop Fishery
Management Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS approves and
implements the measures included in
Framework Adjustment 34 to the
Atlantic Sea Scallop Fishery
Management Plan as adopted and
submitted by the New England Fishery
Management Council. Framework 34
establishes scallop specifications and
other measures for fishing years 2022
and 2023. This action incorporates the
new specifications-setting methodology
and other changes developed in
Amendment 21 to the Atlantic Sea
Scallop Fishery Management Plan into
the fishing year 2022 specifications. In
addition, Framework 34 implements
measures to protect small scallops,
promote scallop recruitment in the midAtlantic, and reduce bycatch of flatfish.
This final rule addresses regulatory text
that is unnecessary, outdated, or
unclear. This action is necessary to
prevent overfishing and improve both
yield-per-recruit and the overall
management of the Atlantic sea scallop
resource.
DATES: Effective April 1, 2022, except
for amendatory instruction 7 (removing
and reserving § 648.60(a)), which is
effective May 31, 2022.
ADDRESSES: The Council has prepared
an Environmental Assessment (EA) for
this action that describes the measures
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SUMMARY:
contained in Framework Adjustment 34
to the Atlantic Sea Scallop Fishery
Management Plan (FMP) and other
considered alternatives and analyzes the
impacts of these measures and
alternatives. The Council submitted
Framework 34 to NMFS that includes
the EA, a description of the Council’s
preferred alternatives, the Council’s
rationale for selecting each alternative,
and a Regulatory Impact Review (RIR).
Copies of supporting documents used
by the New England Fishery
Management Council, including the EA
and RIR, 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/framework-34-1.
FOR FURTHER INFORMATION CONTACT:
Travis Ford, Fishery Policy Analyst,
(978) 281–9233.
SUPPLEMENTARY INFORMATION:
Background
The New England Fishery
Management Council adopted
Framework 34 to the Atlantic Sea
Scallop FMP on December 9, 2021. The
Council submitted Framework 34,
including an EA, for NMFS approval on
March 10, 2022. NMFS published a
proposed rule for Framework 34 on
February 15, 2022 (87 FR 8543). To help
ensure that the final rule would be
implemented before the start of the
fishing year on April 1, 2022, the
proposed rule included a 15-day public
comment period that closed on March 2,
2022.
On January 12, 2022, NMFS
published Amendment 21 to the
Atlantic Sea Scallop FMP (87 FR 1688).
Amendment 21 makes several changes
to the management, including
specifications-setting methodology, of
the Northern Gulf of Maine (NGOM) and
limited access general category (LAGC)
individual fishing quota (IFQ)
components. Framework 34
incorporates these new specificationssetting methodology and other changes
developed in Amendment 21 into the
fishing year 2022 specifications.
NMFS has approved all of the
measures in Framework 34
recommended by the Council, as
described below. This final rule
implements Framework 34, which sets
scallop specifications and other
18277
measures for fishing years 2022 and
2023, including changes to the catch,
effort, and quota allocations and
adjustments to the rotational area
management program for fishing year
2022, measures to reduce bycatch of
flatfish, and default specifications for
fishing year 2023. The MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act) allows NMFS to approve, partially
approve, or disapprove measures
proposed by the Council based on
whether the measures are consistent
with the FMP, the Magnuson-Stevens
Act and its National Standards, and
other applicable law. NMFS generally
defers to the Council’s policy choices
unless there is a clear inconsistency
with the law or the FMP. Details
concerning the development of these
measures were contained in the
preamble of the proposed rule and are
not repeated here. This final rule also
addresses regulatory text that is
unnecessary, outdated, or unclear
consistent with section 305(d) of the
Magnuson-Stevens Act.
Specification of Scallop Overfishing
Limit (OFL), Acceptable Biological
Catch (ABC), Annual Catch Limits
(ACL), Annual Catch Targets (ACT),
Annual Projected Landings (APL) and
Set-Asides for the 2022 Fishing Year,
and Default Specifications for Fishing
Year 2023
The Council set the OFL based on a
fishing mortality (F) of 0.61, equivalent
to the F threshold updated through the
Northeast Fisheries Science Center’s
most recent scallop benchmark stock
assessment that was completed in
September 2020. The ABC and the
equivalent total ACL for each fishing
year are based on an F of 0.45, which
is the F associated with a 25-percent
probability of exceeding the OFL. The
Council’s Scientific and Statistical
Committee (SSC) recommended scallop
fishery ABCs of 56.7 million lb (25,724
mt) for 2022 and 51.1 million lb (23,200
mt) for the 2023 fishing year, after
accounting for discards and incidental
mortality. The SSC will reevaluate and
potentially adjust the ABC for 2023
when the Council develops the next
framework adjustment.
Table 1 outlines the scallop fishery
catch limits.
TABLE 1—SCALLOP CATCH LIMITS (mt) FOR FISHING YEARS 2022 AND 2023 FOR THE LIMITED ACCESS AND LAGC IFQ
FLEETS
Catch limits
2022 (mt)
ABC/ACL (discards removed) .................................................................................................................................
VerDate Sep<11>2014
16:36 Mar 29, 2022
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25,724
2023 (mt) 1
23,200
]]>Agencies
[Federal Register Volume 87, Number 61 (Wednesday, March 30, 2022)]
[Rules and Regulations]
[Pages 18276-18277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06723]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 201209-0332; RTID 0648-XB687]
Fisheries of the Northeastern United States; Atlantic Bluefish
Fishery; Quota Transfer From MD to NC
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notification; quota transfers.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the State of Maryland is transferring a
portion of its 2021 commercial bluefish quota to the State of North
Carolina. This quota adjustment is 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 Maryland and North Carolina.
DATES: Effective March 25, 2022 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 Sec. 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
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 Sec. 648.162(e)(1)(i) through (iii).
The Regional Administrator must approve any such transfer based on the
criteria in Sec. 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.
Maryland is transferring 10,000 lb (4,536 kg) to North Carolina
through mutual agreement of the states. This transfer was requested to
ensure that North Carolina would not exceed their 2021 state quota. The
revised bluefish quotas for 2021 are: Maryland 33,084 lb (15,007 kg)
and North Carolina, 1,082,377 lb (490,958 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.
[[Page 18277]]
Authority: 16 U.S.C. 1801 et seq.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-06723 Filed 3-25-22; 4:15 pm]
BILLING CODE 3510-22-P
