[Federal Register Volume 85, Number 95 (Friday, May 15, 2020)]
[Rules and Regulations]
[Pages 29345-29347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08829]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 200420-0118]
RIN 0648-XH043
Fisheries of the Northeastern United States; Summer Flounder,
Scup, and Black Sea Bass Fisheries; Revised 2020 and Projected 2021
Black Sea Bass and Scup Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This action approves revised 2020 and projected 2021
specifications for the scup and black sea bass fisheries. Changes to
the specifications are necessary to better achieve optimum yield within
the fishery while controlling overfishing, consistent with recent stock
assessment updates and the Magnuson-Stevens Fishery Conservation and
Management Act. This rule informs the public of the changes to the
specifications for the remainder of the 2020 fishing year and announces
projected 2021 specifications.
DATES: Effective May 15, 2020, through December 31, 2020.
ADDRESSES: Copies of the revised specifications, including the
Environment Assessment, and other supporting documents for the action,
are available upon request from Dr. Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery Management Council, Suite 201, 800 N
State Street, Dover, DE 19901. These documents are also accessible via
the internet at http://www.mafmc.org.
FOR FURTHER INFORMATION CONTACT: Emily Keiley, Fishery Policy Analyst,
(978) 281-9116.
SUPPLEMENTARY INFORMATION:
Background
The Mid-Atlantic Fishery Management Council and the Atlantic States
Marine Fisheries Commission jointly manage the scup and black sea bass
fisheries as part of the Summer Flounder, Scup, and Black Sea Bass
Fishery Management Plan (FMP). Scup and black sea bass annual catch and
landings limits do not roll over from one year to the next. To meet the
FMP objectives and requirements of the Magnuson-Stevens Act, commercial
quotas and recreational harvest limits (RHL) must be in place by
January 1 of each year. At a joint meeting in October 2019, the Council
and the Commission's Summer Flounder, Scup, and Black Sea Bass Board
adopted interim 2020 catch and landings limits for scup and black sea
bass in late 2019 (84 FR 54041, October 9, 2019). The interim limits
were identical to 2019 limits and intended to be replaced as soon as
possible following operational stock assessments for both species
conducted in the fall of 2019. Interim 2020 specifications were
necessary because there was not sufficient time to complete the
specification development and rulemaking between the stock assessment
peer review and January 1, 2020. This action implements the updated
2020 specifications replacing the interim measures and announces
projected 2021 specifications for scup and black sea bass.
The Council's Scientific and Statistical Committee (SSC) and the
Summer Flounder, Scup, and Black Sea Bass Monitoring Committee (MC) met
in October 2019 to review the operational stock assessment results and
make recommendations to the Council for revised catch and landings
limits. The SSC applied the Council's risk policy and acceptable
biological catch (ABC) control rule to derive recommended overfishing
limits (OFL) and ABC values for fishing years 2020 and 2021.
The Council and Board reviewed the new operational stock assessment
information and the SSC and MC-recommended specifications at their
joint meeting in October 2019, and took final action on revised 2020
and projected 2021 specifications. This action implements the Council
and Board's preferred alternatives.
This action is being published without prior notice and a formal
public comment period. The revised 2020 scup and black sea bass
specifications included in this action were anticipated during
development of the interim specifications, which were the subject of a
notice and comment rulemaking process. Prior to our rulemaking, the
Council and Board discussed that the interim measures would be replaced
as quickly as possible once the operational stock assessment process
was complete. The public was also notified of our intent to publish
revised specifications in the proposed and final rules of the interim
scup and black sea bass specifications action (84 FR 54041, October 9,
2019).
Revised Specifications
Black Sea Bass Specifications
The Council and Board recommended 2020-2021 black sea bass catch
and landings limits are shown in Table 1. The recommendations are based
on the averaged 2020-2021 ABCs recommended by the SSC. This approach
allows for constant catch and landings limits across both years. The
ABCs are based on an SSC-modified OFL and the Council's risk policy for
a species with a typical life history and biomass level above
BMSY, resulting in a 40-percent probability of overfishing.
The final 2020 commercial quota and RHL are 59 percent higher than the
interim 2020 limits.
Table 1--2020-2021 Black Sea Bass Catch and Landings Limits *
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Measure Mil lb. Metric ton
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OFL..................................... 2020: 19.39 2020: 8,795
2021: 17.68 2021: 8,021
ABC..................................... 15.07 6,835
ABC Landings Portion.................... 11.39 5,164
ABC Discards Portion.................... 3.68 1,671
Expected Commercial Discards............ 1.4 637
Expected Recreational Discards.......... 2.28 1,034
Commercial ACL = ACT.................... 6.98 3,167
Commercial Quota........................ 5.58 2,530
[[Page 29346]]
Recreational ACL = ACT.................. 8.09 3,668
RHL..................................... 5.81 2,634
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* All values except OFL are the same for both years.
Scup Specifications
The Council and Board recommended 2020-2021 scup catch and landings
limits are shown in Table 2. The recommendations are based on the 2020-
2021 ABCs recommended by the SSC. The ABCs are based on an SSC-modified
OFL and the Council's risk policy for a species with a typical life
history and biomass level above BMSY, resulting in a 40-
percent probability of overfishing. The final 2020 commercial quota and
RHL are 7 percent lower than the interim 2020 limits.
Table 2--2020-2021 Scup Catch and Landings Limits
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2020-2021 varying ABC approach
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Measure 2020 2021
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mil lb mt mil lb mt
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OFL............................................. 41.17 18,674 35.30 16,012
ABC............................................. 35.77 16,227 30.67 13,913
ABC Discards.................................... 7.03 3,190 7.26 3,295
Commercial ACL = ACT............................ 27.90 12,657 23.92 10,852
Projected Commercial Discards................... 5.67 2,574 5.86 2,659
Commercial Quota................................ 22.23 10,083 18.06 8,194
Recreational ACL = ACT.......................... 7.87 3,570 6.75 3,061
Projected Recreational Discards................. 1.36 616 1.40 636
RHL............................................. 6.51 2,954 5.34 2,424
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The 2020 scup commercial quota is divided into three commercial
fishery quota periods, as outlined in Table 3.
Table 3--Commercial Scup Quota Allocations for 2020 by Quota Period
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Quota period Percent share lb mt
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Winter I........................................................ 45.11 10,027,597 4,548
Summer.......................................................... 38.95 8,658,277 3,927
Winter II....................................................... 15.94 3,543,336 1,607
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Total....................................................... 100.0 22,229,210 10,083
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The current quota period possession limits are not changed by this
action, and are outlined in Table 4.
Table 4--Commercial Scup Possession Limits by Quota Period
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Federal possession limits (per
trip)
Quota period Percent share -------------------------------
lb kg
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Winter I........................................................ 45.11 50,000 22,680
Summer.......................................................... 38.95 N/A N/A
Winter II....................................................... 15.94 12,000 5,443
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Total....................................................... 100.0 N/A N/A
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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 notice
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 5.
[[Page 29347]]
Table 5--Potential Increase in Winter II Possession Limits Based on the Amount of Unused Scup Rolled Over From Winter I to Winter II
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Initial Winter II possession limit Rollover from Winter I to Increase in Initial Winter II Final Winter II possession
--------------------------------------------------------- Winter II possession limit limit after rollover from
---------------------------------------------------------------- Winter I to Winter II
lb kg -------------------------------
lb kg lb kg lb kg
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12,000.................................. 5,443 0-499,999 0-226,796 0 0 12,000 5,443
12,000.................................. 5,443 500,000-999,99 226,796-453,59 1,500 680 13,500 6,123
9 2
12,000.................................. 5,443 1,000,000-1,49 453,592-680,38 3,000 1,361 15,000 6,804
9,999 8
12,000.................................. 5,443 1,500,000-1,99 680,389-907,18 4,500 2,041 16,500 7,484
9,999 4
12,000.................................. 5,443 * 2,000,000- 907,185-1,133, 6,000 2,722 18,000 8,165
2,500,000 981
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* 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.
Classification
Pursuant to section 304(b)(1)(A) 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, the
national standards and other provisions of the Magnuson-Stevens Act,
and other applicable law.
This final rule is exempt from review under Executive Order 12866
because this action contains no implementing regulations.
This final rule does not duplicate, conflict, or overlap with any
existing Federal rules.
This action does not contain a collection of information
requirement for purposes of the Paperwork Reduction Act.
This final rule is exempt from the procedures of the Regulatory
Flexibility Act because the rule is issued without opportunity for
prior notice and opportunity for public comment.
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for
Fisheries, NOAA, finds good cause to waive the otherwise applicable
requirement for notice and an opportunity and comment because it would
be contrary to the public interest. Additionally, the Assistant
Administrator finds good cause under 5 U.S.C. 553(d)(3) to waive the
30-day delay of effectiveness period for this rule. This action revises
the existing 2020 specifications (i.e., annual catch limits) for the
scup and black sea bass fisheries to account for new stock assessment
results. The black sea bass commercial and recreational harvest limits
increase by 59 percent based on the updated stock assessment. A delay
in effectiveness would unnecessarily disadvantage fishermen who wish to
take advantage of the increased quotas. A delay would be contrary to
the public interest for this loss of potential economic opportunity,
and it could create confusion in the black sea bass fishery. This rule
should be effective as soon as possible to fully realize the intended
benefits to the fishery. This action is necessary to adjust the scup
quotas based on the newest stock assessment. The commercial scup quota
is decreasing by 19 percent, and the recreational quota is being
reduced by 18 percent. A delay in its effectiveness would unnecessarily
increase the probability of overfishing the stock. This rule should be
effective as soon as possible to ensure that the catch limits are
consistent with the most recent assessment of the stock.
This action, revising 2020 scup and black sea bass specifications
to account for the stock assessment results, was anticipated during
development and implementation of the interim specifications put in
place to start the fishing year. Because of this, the public was
notified of our intent to publish revised specifications in the
proposed and final rules on that action (84 FR 54041, October 9, 2019).
The information for and development of this action was discussed and
subject to public comment following the assessment results at a public
monitoring committee meeting in October 2019, and at the joint Mid-
Atlantic Council and Board meeting in October 2019.
This rule is being issued at the earliest possible date. The
results of the assessment became available in October 2019, and while
the Council and Board also took final action on the revised
specifications in October, we did not receive the Council's
recommendations and supporting analysis until January 2020. A delay in
implementing the new catch limits would be contrary to the public
interest.
Furthermore, there exists good cause to waive the otherwise
applicable requirement of a 30-day delay before this rule becomes
effective. Unlike actions that require an adjustment period to comply
with new rules, fishery participants will not be required to purchase
new equipment or otherwise expend time or money to comply with these
management measures. Rather, complying with this rule simply means
adhering to the catch limits and management measures set for the
remainder of the fishing year. Fishery stakeholders have been involved
in the development of this action and are anticipating this rule. For
the reasons explained above any further delay would be contrary to the
public interest because it would undermine the intended effect of the
rule.
For these reasons, there is good cause to waive the 30-day delay in
effectiveness and these specifications shall be made effective on May
15, 2020.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 20, 2020.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020-08829 Filed 5-14-20; 8:45 am]
BILLING CODE 3510-22-P