[Federal Register Volume 86, Number 183 (Friday, September 24, 2021)]
[Rules and Regulations]
[Pages 53011-53012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20902]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 200420-0118; RTID 0648-XB432]


Fisheries of the Northeastern United States; Scup Fishery; 
Adjustment to the 2021 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 2021 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 
notification is intended to inform the public of this quota and trip 
limit change.

DATES: Effective October 1, 2021, through December 31, 2021.

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 part of Framework Adjustment 12 (83 FR 
17314; April 19, 2018).
    For 2021, the initial Winter II quota is 3,267,825 lb (1,482,260 
kg). The best available landings information indicates that 3,415,629 
lb (1,549,303 kg) remain of the 9,247,904 lb (4,194,779 kg) Winter I 
quota. Consistent with Framework 3, the full amount of unused 2021 
Winter I quota is being transferred to Winter II, resulting in a 
revised 2021 Winter II quota of 6,683,454 lb (3,031,563 kg). Because 
the amount transferred is between 3.0 and 3.5 million lb (1,587,573 and 
1,814,369 kg), the Federal per trip possession limit will increase from 
12,000 lb (5,443 kg) to 21,000 lb (9,525 kg), as outlined in the final 
rule that established the possession limit and quota rollover 
procedures for this year, published on December 21, 2020 (85 FR 82946). 
The new possession limit would be effective October 1 through December 
31, 2021. The possession limit will revert back to 12,000 lb (5,443 kg) 
at the start of the next fishing year that begins January 1, 2022.

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

[[Page 53012]]

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 and increase fishing 
opportunities. 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 fishing year may reduce fishing effort, and could also prevent the 
annual quota from being fully harvested. If this action is delayed, it 
would reduce the amount of time vessels have to realize the benefits of 
this quota increase, which would result in negative economic impacts on 
vessels permitted to fish in this fishery. Moreover, the rollover 
process being applied here is routine and formulaic and 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. The benefit of soliciting additional public comment on 
this formulaic adjustment would not outweigh the benefits of making 
this additional quota available to the fishery as quickly as possible. 
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 22, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-20902 Filed 9-23-21; 8:45 am]
BILLING CODE 3510-22-P