[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Rules and Regulations]
[Pages 59340-59341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21295]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 2021-27773; RTID 0648-XC417]


Fisheries of the Northeastern United States; Scup Fishery; 
Adjustment to the 2022 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 2022 Winter II commercial scup quota and per-
trip Federal landing limit. This action is necessary to comply with 
regulations implementing 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, 2022, through December 31, 2022.

FOR FURTHER INFORMATION CONTACT: Laura Deighan, Fishery Management 
Specialist, (978) 281-9184; 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.
    For 2022, the initial Winter II quota is 3,248,849 lb (1,473,653 
kg). The best available landings information through September 8, 2022, 
indicates that 4,219,494 lb (1,913,930 kg) remain of the 9,194,201 lb 
(4,170,419 kg) Winter I quota. Consistent with Framework 3, the full 
amount of unused 2022 Winter I quota is being transferred to Winter II, 
resulting in a revised 2022 Winter II quota of 7,468,343 lb (3,387,583 
kg). Because the amount transferred is between 4.0 and 4.5 million lb 
(1,814,369 and 2,041,165 kg), the

[[Page 59341]]

Federal per trip possession limit will increase from 12,000 lb (5,443 
kg) to 24,000 lb (10,886 kg), as outlined in the final rule that 
established the possession limit and quota rollover procedures for this 
year, published on December 23, 2021 (86 FR 72859). The new possession 
limit would be effective October 1 through December 31, 2022. 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, 2023.

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 and increase 
fishing opportunities. 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. 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 2022 scup specifications that were 
published December 23, 2021, 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 27, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-21295 Filed 9-29-22; 8:45 am]
BILLING CODE 3510-22-P