[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Rules and Regulations]
[Page 61477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19309]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 2021-27773; RTID 0648-XD333]


Fisheries of the Northeastern United States; Scup Fishery; 
Adjustment to the 2023 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 2023 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, 2023, through December 31, 2023.

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 increase the Winter II (October 1 
through December 31) commercial scup quota by the amount of the Winter 
I (January 1 through April 30) under-harvest and to adjust the Winter 
II possession limits consistent with the amount of the quota increase, 
based on the possession limits established through the annual 
specifications-setting process.
    For 2023, the initial Winter II quota is 2,233,194 lb (1,012,960 
kg). The best available landings information through June 28, 2023, 
indicates that 804,630 lb (364,974 kg) remain of the 6,319,911 lb 
(2,866,663 kg) Winter I quota. Consistent with Framework 3, the full 
amount of unused 2023 Winter I quota is being transferred to Winter II, 
resulting in a revised 2023 Winter II quota of 3,037,824 lb (1,377,934 
kg). Because the amount transferred is between 0.5 and 1 million lb 
(226,796 and 453,592 kg), the Federal per-trip possession limit will 
increase from 12,000 lb (5,443 kg) to 13,500 lb (6,123 kg), as outlined 
in the final rule that established the possession limit and quota 
rollover procedures for this year, published on January 3, 2023 (88 FR 
11). The new possession limit will be effective October 1 through 
December 31, 2023. The possession limit will revert back to 12,000 lb 
(5,443 kg) at the start of the next fishing year, which begins January 
1, 2024.

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 the 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 2023 
scup specifications that were published on January 3, 2023, 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 1, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-19309 Filed 9-6-23; 8:45 am]
BILLING CODE 3510-22-P