[Federal Register Volume 84, Number 189 (Monday, September 30, 2019)]
[Rules and Regulations]
[Pages 51438-51439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20674]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 170828822-70999-02]
RIN 0648-XX014


Fisheries of the Northeastern United States; Scup Fishery; 
Adjustment to the 2019 Winter II Quota

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

ACTION: Temporary rule; inseason adjustment.

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SUMMARY: NMFS adjusts the 2019 Winter II commercial scup quota and per-
trip Federal landing limit. This action is intended 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 
document is intended to inform the public of this quota and trip limit 
change.

DATES: Effective October 1, 2019, through December 31, 2019.

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 a part of Framework Adjustment 12 (83 FR 
17314; April 19, 2018).
    For 2019, the initial Winter II quota is 3,822,816 lb (1,734 mt). 
The best available landings information indicates that 5,267,671 lb 
(2,389 mt) remain of the 10,820,000 lb (4,908 mt) Winter I quota. 
Consistent with Framework 3, the full amount of unused 2019 Winter I 
quota is being transferred to Winter II, resulting in a revised 2019 
Winter II quota of 9,090,487 lb (4,123 mt). Because the amount 
transferred is between 5.0 and 5.5 million lb (2,268 mt and 2,495 mt), 
the Federal per trip possession limit will increase from 12,000 lb (5.4 
mt) to 27,000 lb (12.2 mt), as outlined in the final rule that 
established the possession limit and quota rollover procedures for this 
year, published on December 22, 2017 (82 FR 60682).

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    The Assistant Administrator for Fisheries, NOAA, finds good cause 
under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for 
public comment on this in-season adjustment because it would be 
contrary to the public interest. This action transfers unused quota 
from Winter I Period to the remaining Winter II Period to make it 
accessible to the commercial scup fishery. 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

[[Page 51439]]

fishing year may reduce fishing effort, and could also prevent the 
annual quota from being fully harvested. This would conflict with the 
agency's legal obligation under the Magnuson-Stevens Fishery 
Conservation and Management Act to achieve the optimum yield from a 
fishery on a continuing basis, resulting in a negative economic impact 
on vessels permitted to fish in this fishery. Moreover, the rollover 
process being applied here 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. Based on 
these considerations, NMFS further finds, pursuant to 5 U.S.C. 
553(d)(3), good cause to waive the 30-day delayed effectiveness period 
for the reasons stated above.

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

    Dated: September 19, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-20674 Filed 9-27-19; 8:45 am]
BILLING CODE 3510-22-P