[Federal Register Volume 85, Number 178 (Monday, September 14, 2020)]
[Rules and Regulations]
[Pages 56534-56535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20202]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 200420-0118]
[RTID 0648-XA453]


Fisheries of the Northeastern United States; Scup Fishery; 
Adjustment to the 2020 Winter II Quota

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

ACTION: Temporary rule; in-season adjustment.

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SUMMARY: NMFS adjusts the 2020 Winter II commercial scup quota and per-
trip Federal landing limit. This action is necessary 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 
notice is intended to inform the public of this quota and trip limit 
change.

DATES: Effective October 1, 2020, through December 31, 2020.

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 2020, the initial Winter II quota is 3,543,336 pounds (lb) 
(1,607 metric tons (mt)). The best available landings information 
indicates that 4,850,963 lb (2,200 mt) remain of the 10,027,597 lb 
(4,548 mt) Winter I quota. Consistent with Framework 3, the full amount 
of unused 2020 Winter I quota is being transferred to Winter II, 
resulting in a revised 2020 Winter II quota of

[[Page 56535]]

8,394,299 lb (3,808 mt). Because the amount transferred is between 4.5 
and 5.0 million lb (2,041 mt and 2,268 mt), the Federal per trip 
possession limit will increase from 12,000 lb (5.4 mt) to 24,000 lb 
(10.9 mt), as outlined in the final rule that established the 
possession limit and quota rollover procedures for this year, published 
on May 15, 2020 (85 FR 29345).

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 648.122(d), which was 
issued pursuant to section 304(b), and is exempted from review under 
Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment would be contrary to the public interest. This action 
transfers unused quota from the Winter I Period to the Winter II Period 
to make it accessible to the commercial scup fishery. If implementation 
of this inseason 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 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, there is good cause under 5 
U.S.C. 553(d)(3) to waive the 30-day delayed effectiveness period for 
the reasons stated above.

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

    Dated: September 9, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-20202 Filed 9-11-20; 8:45 am]
BILLING CODE 3510-22-P