[Federal Register Volume 66, Number 19 (Monday, January 29, 2001)]
[Rules and Regulations]
[Pages 8091-8092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2638]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 000727220-0220-01; I.D. 072400A]
RIN 0648-AO32


Fisheries of the Northeastern United States; Summer Flounder, 
Scup, and Black Sea Bass Fisheries; Emergency for the Summer Flounder 
Fishery; Extension of an Expiration Date

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

ACTION: Emergency interim rule; extension of an expiration date.

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SUMMARY: NMFS issues an extension of 180 days to an emergency interim 
rule that amended the Summer Flounder, Scup, and Black Sea Bass Fishery 
Management Plan and its implementing regulations. The emergency interim 
rule revised the objective to be achieved by the annual specifications 
for the 2001 summer flounder fishery from obtaining a fishing mortality 
rate (F) target to obtaining a biomass (B) target and to require that, 
if a 2000 state summer flounder commercial quota allocation is not 
fully harvested, the underage be added to that state's 2001 allocation. 
The intent of this action is to comply with a decision issued on April 
25, 2000, by the United States Court of Appeals for the District of 
Columbia Circuit (Court) and to protect the summer flounder stock from 
overfishing.

DATES: This emergency interim rule is extended without change for an 
additional 180 days, from January 30, 2001, through July 28, 2001.

FOR FURTHER INFORMATION CONTACT:  Regina Spallone, Fishery Policy 
Analyst, phone (978)281-9221; fax (978)281-9135; email: 
[email protected].

SUPPLEMENTARY INFORMATION: On April 25, 2000, the Court issued an 
opinion on a challenge to the 1999 summer flounder specification 
brought by a number of environmental groups. The Court remanded the 
1999 summer flounder total quota (as specified by commercial and 
recreational harvest limits) to NMFS ``for further proceedings 
consistent with [the] opinion.'' On August 2, 2000, NMFS published an 
emergency interim rule, with the effective dates of August 2,

[[Page 8092]]

2000, through January 29, 2001, to implement measures to establish a 
clearer standard to be met in setting the 2001 summer flounder 
specifications (65 FR 47648). Specifically, NMFS established a 
requirement that the 2001 total quota be set at a level that will 
achieve, with at least a 50-percent probability, the B level that would 
have been achieved at the end of 2001 if the F target had been met in 
1999 and 2000, provided that the resultant F does not exceed the F that 
results in the maximum yield per recruit. A full discussion of the need 
for the emergency action is found in the preamble to the emergency 
interim rule and is not repeated here.
    On November 28, 2000, NMFS published a proposed rule to implement 
specifications for the 2001 summer flounder fishery consistent with the 
emergency interim rule (65 FR 71042). That rule specified a comment 
period through December 19, 2000. It may not be possible to publish the 
final rule to implement the final specifications prior to the end of 
the effective period of the emergency interim rule, leaving a gap 
between the end date of the emergency interim rule and the final rule 
implementing the 2001 specifications for summer flounder. Therefore, an 
extension to the emergency interim rule is required to maintain the 
revised plan target in effect. The extension would be in effect for an 
additional 180 days from January 30, through July 28, 2001.

Comments and Responses

    The emergency interim rule requested public comments through 
September 1, 2000. One comment in favor of the emergency interim rule 
was received during the comment period.
    Comment: Several environmental groups submitted a joint comment 
supporting the action, with caveats. The commenters felt that the rule 
should be revised to clarify that management measures for the 
recreational fishery must assure that, with at least 50-percent 
probability of success, the B target in 2001 is achieved.
    Response: The regulations at Sec.  648.100(f), (g), and (h) 
identify the steps to be taken consistent with the order. Specifically 
outlined are the requirements to: (1) Determine the allowable levels of 
fishing consistent with the emergency interim rule, and (2) present 
``measures to assure that the B2001 is achieved with at least a 50-
percent probability of success.'' Those measures include recreational 
management measures. The regulations also state that NMFS will 
``publish a proposed rule in the Federal Register by February 15 to 
implement additional management measures for the recreational 
fishery...with at least a 50-percent probability of success, that the 
B2001 will be achieved.'' NMFS feels that there is no need to revise 
the codified language.

Classification

    This emergency interim rule has been determined to be not 
significant for purposes of Executive Order 12866.
    Extension of the emergency interim rule is intended to allow 
implementation of specifications for the 2001 summer flounder fishery 
to prevent overfishing and rebuild the resource. Providing prior notice 
and opportunity for comment would be contrary to the public interest 
because it would delay implementation of the specifications. Therefore, 
the Assistant Administrator for Fisheries, NOAA (AA), finds good cause 
under 5 U.S.C. 553(b)(B) to waive the waive the requirement for prior 
notice and opportunity for comment on the extension of the emergency 
interim rule. Also, providing a 30-day delay in the effective date of 
this emergency interim rule is unnecessary, because this rule merely 
continues the framework established in the initial emergency interim 
rule designed to guide the Committee and Council in the specification 
process for the 2001 fishery and does not impose requirements on 
members of the public with which they have to comply. Therefore, the AA 
finds good cause under 5 U.S.C. 553(d)(3) not to delay for 30 days the 
effective date of this emergency interim rule.
    This emergency interim rule is exempt from the analytical 
requirements of the Regulatory Flexibility Act because prior notice and 
comment is not required by 5 U.S.C. 553 or any other law.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: January 24, 2001.
Clarence G. Pautzke,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 01-2638 Filed 1-26-01; 11:54 am]
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