81154 Federal Register / Vol. 85, No. 241 / Tuesday, December 15, 2020 / Rules and Regulations 

continuously conducts biomass surveys 

and stock assessments to gauge the 

health of managed fisheries. These 

biomass surveys also collect other 

environmental data, such as ocean 

temperature, which help NMFS evaluate 

any changes within the stock, for 

example biomass increases/decreases 

and changes in stock structure such as 

shifting locations. The changes to the 

risk policy implemented in this action 

are administrative in nature and merely 

allow fishery managers and scientists to 

consider taking increased risks when 

setting ABC allocations. It is also 

important to note that, while this action 

allows for increased risk from the 

current policy, the revised policy still 

ensures that there would be less than a 

50 percent chance of overfishing. Any 

ABC recommendations will be made 

through future rulemakings, which will 

include a comprehensive analysis of any 

proposed measures. 

Changes From the Proposed Rule 

There are no changes to the measures 

from the proposed rule. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this final rule is consistent with the 

FMP, other provisions of the MagnusonStevens Act and other applicable law. 

This final rule has been determined to 

be not significant for purposes of E.O. 

12866. 

This final rule is considered to be an 

E.O. 13771 deregulatory action. 

This final rule does not contain 

policies with federalism or ‘‘takings’’ 

implications, as those terms are defined 

in E.O. 13132 and E.O. 12630, 

respectively. 

This action does not contain any 

collection-of-information requirements 

subject to the Paperwork Reduction Act. 

The Assistant Administrator for 

Fisheries has determined that, because 

this rule relieves a restriction by 

allowing the Council to increase ABC 

allocations for the healthy fisheries it 

manages, it is not subject to the 30-day 

delayed effectiveness provision of the 

Administrative Procedure Act pursuant 

to 5 U.S.C. 553(d)(1). In addition, 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 waive the 30-day delay in 

effective date. The Council and its SSC 

used this modified risk policy in 

recommending ABCs for scup and black 

sea bass for the 2021 fishing year 

specifications package for summer 

flounder, scup, and black sea bass. The 

scup, black sea bass, and summer 

flounder fisheries operate on the 

calendar year. Annual publication of the 

summer flounder quotas prior to the 

start of the fishing year, by December 

31, is required by Court Order in North 

Carolina Fisheries Association v. Daley. 

If this risk policy rule were not effective 

prior to the start of the fishing year, this 

could delay the 2021 summer flounder, 

scup, and black sea bass specifications, 

requiring interim specifications for 

these species to go into effect on January 

1. This scenario would create 

unnecessary challenges for individual 

states when setting commercial 

possession and/or trip limits, which 

apportion the catch over the entire 

calendar year. This would cause 

unnecessary harm to the fisheries and is 

contrary to the public interest. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

No comments were received regarding 

this certification. As a result, a 

regulatory flexibility analysis was not 

required and none was prepared. 

List of Subjects 50 CFR Part 648 

Fisheries, Fishing, Recordkeeping and 

reporting requirements. 

Dated: December 10, 2020. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 648 is amended 

as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 1. The authority citation for part 648 

continues to read as follows: 

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

■ 2. In § 648.21, revise paragraphs (b)(1) 

and (2), and (c)(1) to read as follows: 

§ 648.21 Mid-Atlantic Fishery Management 

Council risk policy. 

* * * * * 

(b) * * * (1) For stocks with a ratio 

of biomass (B) to biomass at MSY (BMSY)

of 1.0 or lower, the maximum 

probability of overfishing as informed 

by the OFL distribution shall decrease 

linearly from a maximum value of 45 

percent until the probability of 

overfishing becomes zero at a B/BMSY

ratio of 0.10. 

(2) For stocks with biomass that 

exceeds BMSY and the B/BMSY ratio is 

greater than 1.0, the probability of 

overfishing shall increase linearly from 

a probability of overfishing of 45 

percent to a maximum probability of 

overfishing of 49 percent when the B/ 

BMSY ratio is equal to 1.5 or greater. 

* * * * * 

(c) * * * (1) Unless otherwise 

allowed in paragraph (c)(2) of this 

section, for instances in which the 

application of the risk policy 

approaches in paragraph (b) of this 

section using OFL distribution results in 

a more restrictive ABC recommendation 

than the calculation of ABC derived 

from the use of FREBUILD at the MAFMCspecified overfishing risk level as 

outlined in paragraph (a) of this section, 

the SSC shall recommend to the 

MAFMC the lower of the ABC values. 

* * * * * 

[FR Doc. 2020–27562 Filed 12–14–20; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[RTID 0648–XA707] 

Fisheries of the Northeastern United 

States; Summer Flounder Fishery; 

Quota Transfer From NC to CT 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; quota transfer. 

SUMMARY: NMFS announces that the 

State of North Carolina is transferring a 

portion of its 2020 commercial summer 

flounder quota to the State of 

Connecticut. This quota adjustment is 

necessary to comply with the Summer 

Flounder, Scup, and Black Sea Bass 

Fishery Management Plan quota transfer 

provisions. This announcement informs 

the public of the revised commercial 

quotas for North Carolina and 

Connecticut. 

DATES: Effective December 10, 2020, 

through December 31, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Laura Hansen, Fishery Management 

Specialist, (978) 281–9225. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the summer 

flounder fishery are found in 50 CFR 

648.100 through 648.110. These 

regulations require annual specification 

of a commercial quota that is 

Federal Register / Vol. 85, No. 241 / Tuesday, December 15, 2020 / Rules and Regulations 81155 

apportioned among the coastal states 

from Maine through North Carolina. The 

process to set the annual commercial 

quota and the percent allocated to each 

state is described in § 648.102 and final 

2020 allocations were published on 

October 9, 2019 (84 FR 54041). 

The final rule implementing 

Amendment 5 to the Summer Flounder 

Fishery Management Plan, as published 

in the Federal Register on December 17, 

1993 (58 FR 65936), provided a 

mechanism for transferring summer 

flounder commercial quota from one 

state to another. Two or more states, 

under mutual agreement and with the 

concurrence of the NMFS Greater 

Atlantic Regional Administrator, can 

transfer or combine summer flounder 

commercial quota under § 648.102(c)(2). 

The Regional Administrator must 

approve any such transfer based on the 

criteria in § 648.102(c)(2)(i). In 

evaluating requests to transfer a quota or 

combine quotas, the Regional 

Administrator shall consider whether: 

The transfer or combinations would 

preclude the overall annual quota from 

being fully harvested; the transfer 

addresses an unforeseen variation or 

contingency in the fishery; and the 

transfer is consistent with the objectives 

of the FMP and the Magnuson-Stevens 

Act. 

North Carolina is transferring 50,000 

lb (22,680 kg) to Connecticut. This 

transfer is occurring through mutual 

agreement of the states. This transfer 

was requested to ensure Connecticut 

would not exceed its 2020 quota. The 

revised summer flounder quotas for 

fishing year 2020 are now: North 

Carolina, 3,035,501 lb (1,376,880 kg); 

and Connecticut, 350,241 lb (158,867 

kg). 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

648.102(c)(2)(i)(A) through (C), which 

was issued pursuant to section 304(b), 

and is exempted from review under 

Executive Order 12866. 

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

Dated: December 10, 2020. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2020–27561 Filed 12–10–20; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 200623–0167; RTID 0648– 

XA706] 

Fisheries of the Northeastern United 

States; Atlantic Bluefish Fishery; 

Quota Transfers From MA to NC, DE to 

RI, and VA to NY 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification; quota transfers. 

SUMMARY: NMFS announces that the 

Commonwealth of Massachusetts, the 

State of Delaware, and the 

Commonwealth of Virginia are 

transferring a portion of their 2020 

commercial bluefish quota to the State 

of North Carolina, the State of Rhode 

Island, and the State of New York, 

respectively. These quota adjustments 

are necessary to comply with the 

Atlantic Bluefish Fishery Management 

Plan quota transfer provisions. This 

announcement informs the public of the 

revised commercial bluefish quotas for 

Massachusetts, North Carolina, 

Delaware, Rhode Island, Virginia, and 

New York. 

DATES: Effective December 14, 2020 

through December 31, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Laura Hansen, Fishery Management 

Specialist, (978) 281–9225. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the Atlantic 

bluefish fishery are found in 50 CFR 

648.160 through 648.167. These 

regulations require annual specification 

of a commercial quota that is 

apportioned among the coastal states 

from Maine through Florida. The 

process to set the annual commercial 

quota and the percent allocated to each 

state is described in § 648.162, and the 

final 2020 allocations were published 

on June 29, 2020 (85 FR 38794). 

The final rule implementing 

Amendment 1 to the Bluefish Fishery 

Management Plan (FMP) published in 

the Federal Register on July 26, 2000 

(65 FR 45844), and provided a 

mechanism for transferring bluefish 

quota from one state to another. Two or 

more states, under mutual agreement 

and with the concurrence of the NMFS 

Greater Atlantic Regional Administrator, 

can request approval to transfer or 

combine bluefish commercial quota 

under § 648.162(e)(1)(i) through (iii). 

The Regional Administrator must 

approve any such transfer based on the 

criteria in § 648.162(e). In evaluating 

requests to transfer a quota or combine 

quotas, the Regional Administrator shall 

consider whether: The transfer or 

combinations would preclude the 

overall annual quota from being fully 

harvested; the transfer addresses an 

unforeseen variation or contingency in 

the fishery; and the transfer is consistent 

with the objectives of the FMP and the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Massachusetts is transferring 55,000 

lb (24,948 kg) of bluefish commercial 

quota to North Carolina; Delaware is 

transferring 30,000 lb (13,608 kg) to 

Rhode Island; and Virginia is 

transferring 50,000 lb (22,679 kg) to 

New York, through mutual agreement of 

the states. These transfers were 

requested to ensure that North Carolina, 

Rhode Island, and New York would not 

exceed their 2020 state quotas. The 

revised bluefish quotas for 2020 are: 

Massachusetts, 115,838 lb (52,543 kg); 

North Carolina, 1,056,058 lb (479,020 

kg); Delaware, 21,966 lb (9,964 kg); 

Rhode Island, 343,366 lb (155,748 kg); 

Virginia, 203,682 lb (92,389 kg); and 

New York, 387,335 lb (175,692 kg). 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

648.162(e)(1)(i) through (iii), which was 

issued pursuant to section 304(b), and is 

exempt from review under Executive 

Order 12866. 

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

Dated: December 10, 2020. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2020–27538 Filed 12–14–20; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 200227–0066; RTID 0648– 

XA701] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.