[Federal Register Volume 86, Number 100 (Wednesday, May 26, 2021)]
[Rules and Regulations]
[Pages 28292-28293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11061]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 210520-0112]
RTID 0648-XX071


Fisheries of the Northeastern United States; Blueline Tilefish 
Fishery; 2021 Specifications

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are implementing 2021 specifications for the Mid-Atlantic 
blueline tilefish fishery, including the annual catch and total 
allowable landings limits. This action establishes allowable harvest 
levels and other management measures to prevent overfishing, consistent 
with the Magnuson-Stevens Fishery Conservation and Management Act and 
the Tilefish Fishery Management Plan.

DATES: Effective May 26, 2021, through December 31, 2021.

FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst, 
978-281-9341.

SUPPLEMENTARY INFORMATION:

Background

    The Mid-Atlantic Fishery Management Council manages the blueline 
tilefish fishery north of the Virginia/North Carolina border under the 
Tilefish Fishery Management Plan (FMP), which outlines the Council's 
process for setting annual specifications. Regulations implementing the 
Tilefish FMP appear at 50 CFR part 648, subparts A and N, which require 
the Council to recommend acceptable biological catch (ABC), annual 
catch limit (ACL), annual catch target (ACT), total allowable landings 
(TAL), and other management measures, for up to 3 years at a time. On 
November 19, 2018, we proposed 2019 specifications for the blueline 
tilefish fishery and announced projected specifications for 2020 and 
2021 based on Council recommendations (83 FR 58219). Public comment was 
accepted through December 4, 2018. We published a final rule 
implementing the 2019 specifications on February 12, 2019 (84 FR 3341). 
On February 18, 2020, we published a rule finalizing the 2020 
specifications (85 FR 8765) and restating the projected 2021 
specifications.
    At the end of each fishing year, we evaluate available catch 
information and determine if the ACL for either commercial or 
recreational sector of the fishery has been exceeded. If the commercial 
ACL is exceeded, the regulations at 50 CFR 648.293 require a pound-for-
pound reduction in a subsequent fishing year. On November 21, 2020, we 
closed the commercial blueline tilefish fishery because we projected it 
reached 100 percent of the TAL (85 FR 74919; November 24, 2020). Final 
2020 data only recently became available because of the time needed to 
allow any late reports from fishing vessels and dealers to be submitted 
and to ensure all reports go through a thorough quality control 
process. When final 2020 catch data were analyzed, we determined the 
commercial sector had landed 108 percent of the commercial TAL. There 
is no new biological information that would require altering the 
projected 2021 specifications beyond adjusting the commercial ACL for 
the overage that occurred in 2020. As a result, we are announcing the 
final specifications for fishing year 2021, as projected in the final 
rules implementing 2019 and 2020 specifications and adjusted for the 
commercial overage in fishing year 2020 (See Table 1).

             Table 1--2021 Blueline Tilefish Specifications
------------------------------------------------------------------------
                                                       2021
------------------------------------------------------------------------
ABC--North of NC/VA line...............  100,520 lb (45.6 mt)
Recreational ACL/ACT...................  73,380 lb (33.3 mt)
Assumed Recreational Discards..........  1,468 lb (0.7 mt)
Recreational TAL.......................  71,912 lb (32.6 mt)
Commercial ACL/ACT.....................  27,140 lb (12.3 mt)
Assumed Commercial Discards............  271 lb (0.1 mt)
Commercial Overage Adjustment..........  1,965 lb (0.9 mt)
Commercial TAL.........................  24,924 lb (11.3 mt)
------------------------------------------------------------------------

    All other management measures in the blueline tilefish fishery, 
including commercial and recreational possession limits, will remain 
unchanged for the 2021 fishing year.
    The FMP allows for the previous year's specifications to remain in 
place until replaced by a subsequent specifications action (rollover 
provision).

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined

[[Page 28293]]

that this rule is consistent with the Tilefish FMP, other provisions of 
the Magnuson-Stevens Act, and other applicable laws.
    The Assistant Administrator for Fisheries, NOAA finds it is 
contrary to the public interest to provide for prior notice and an 
opportunity for public comment, under to authority at 5 U.S.C. 
553(b)(B). The proposed rule for 2019-2021 specifications (83 FR 58219; 
November 19, 2018) provided the public with the opportunity to comment 
on the specifications for 2019, and projected 2020 and 2021 
specifications. All comments received were addressed in the final rule 
(84 FR 3341; February 12, 2019). A final rule on February 18, 2020 (85 
FR 8765), finalized the 2020 specifications and restated the projected 
2021 specifications. The only change to the specifications for fishing 
year 2021 is a small adjustment to the commercial ACL for an overage in 
2020 that is required by the regulations. The public has been aware of 
the overage in the commercial sector of the fishery through information 
on a public quota monitoring web page and through an announcement at 
the Council meeting in April. Implementing this adjustment to the 2021 
fishing year is a necessary accountability measure that the FMP 
designed to prevent overfishing, and doing so in a timely manner is 
necessary to reduce the likelihood of additional overages this year.
    Similarly, the need to implement these measures in a timely manner, 
constitutes good cause under authority contained in 5 U.S.C. 553(d)(3), 
to establish an effective date less than 30 days after date of 
publication. The public and fishing industry participants expect this 
action because we previously alerted the public in the proposed and 
final rules that we would conduct this review in interim years of the 
status quo multi-year specifications and announce the final quota. 
Final analysis of 2020 data only recently became available because of 
the time needed to allow any late reports from fishing vessels and 
dealers to be submitted and to ensure all reports go through a thorough 
quality control process. Implementing the new commercial TAL as soon as 
possible will allow the public to monitor landings against this new 
limit through our weekly quota monitoring updates available on our 
website for the remaining six months in the 2021 fishing year. This 
could allow the industry to anticipate or even avoid a closure by 
slowing the pace of as landings as they approach the TAL.
    This final rule is exempt from review under Executive Order 12866.
    This final rule does not duplicate, conflict, or overlap with any 
existing Federal rules.
    This final rule does not contain a collection of information 
requirement for the purposes of the Paperwork Reduction Act.
    The Chief Counsel for Regulation for the Department of Commerce 
certified to the Small Business Administration that the 2019-2021 
blueline tilefish specifications rulemaking would not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act. No comments were received that 
would change the initial certification. Because advance notice and the 
opportunity for public comment are not required for this action under 
the Administrative Procedure Act, or any other law, the analytical 
requirements of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
do not apply to this rule. Therefore, no new regulatory flexibility 
analysis is required and none has been prepared.

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

    Dated: May 20, 2021.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2021-11061 Filed 5-25-21; 8:45 am]
BILLING CODE 3510-22-P