81152 Federal Register / Vol. 85, No. 241 / Tuesday, December 15, 2020 / Rules and Regulations 

TABLE 3—COMPLETED DOMESTIC RECOVERY ACTIONS (PROPOSED AND FINAL DOWNLISTINGS AND DELISTINGS) IN FY 

2019 AND FY 2020—Continued 

[As of September 30, 2020] 

Publication 

date Title Action(s) Federal Register citation 

9/30/2020 ........ Reclassficiation of beach layia (Layia carnosa) From Endangered 

To Threatened With a Section 4(d) Rule.

Proposed Rule—Downlisting ......... 85 FR 61684–61700 

9/30/2020 ........ Reclassification of Virgin Islands Tree Boa From Endangered to 

Threatened With a Section 4(d) Rule.

Proposed Rule—Downlisting ......... 85 FR 61700–61717 

When a petitioned action is found to 

be warranted but precluded, the Service 

is required by the Act to treat the 

petition as resubmitted on an annual 

basis until a proposal or withdrawal is 

published. If the petitioned species is 

not already listed under the Act, the 

species becomes a ‘‘candidate’’ and is 

reviewed annually in the ‘‘candidate 

notice of review’’ (CNOR). The number 

of candidate species remaining in FY 

2020 is the lowest it has been since 

1975. For these species, we are working 

on developing a species status 

assessment, preparing proposed listing 

determinations, or preparing notwarranted 12-month findings. 

Another way that we have been 

expeditious in making progress in 

adding and removing qualified species 

to and from the Lists is that we have 

made our actions as efficient and timely 

as possible, given the requirements of 

the Act and regulations and constraints 

relating to workload and personnel. We 

are continually seeking ways to 

streamline processes or achieve 

economies of scale, such as batching 

related actions together for publication. 

Given our limited budget for 

implementing section 4 of the Act, these 

efforts also contribute toward our 

expeditious progress in adding and 

removing qualified species to and from 

the Lists. 

The northern spotted owl will remain 

listed as a threatened species, and we 

will continue to evaluate this subspecies 

as new information becomes available. 

Continuing review will determine if a 

change in status is warranted, including 

the need to make prompt use of 

emergency listing procedures. 

Under 50 CFR 17.31(a), threatened 

wildlife added to the List of Endangered 

and Threatened Wildlife on or prior to 

September 26, 2019, are provided all 

provisions of 50 CFR 17.21 for 

endangered wildlife, except 50 CFR 

17.21(c)(5). The northern spotted owl 

was granted the protections of an 

endangered species at the time it was 

listed as a threatened species in 1990 

(55 FR 26114–26194). Therefore, we 

conclude that reclassification will not 

provide any additional protections for 

the species as it already receives the 

protections of the provisions of 50 CFR 

17.21 for endangered wildlife. 

A detailed discussion of the basis for 

this finding can be found in the 

northern spotted owl species status 

report and other supporting documents 

(see ADDRESSES, above). A detailed 

discussion of the basis for this finding 

can be found in the northern spotted 

owl species assessment and other 

supporting documents (see ADDRESSES, 

above). 

New Information 

We intend that any proposed 

reclassification for the northern spotted 

owl will be as accurate as possible. 

Therefore, we will continue to accept 

additional information and comments 

from all concerned governmental 

agencies, the scientific community, 

industry, or any other interested party 

concerning this finding. We request that 

you submit any new information 

concerning the taxonomy of, biology of, 

ecology of, status of, or threats to the 

northern spotted owl to the person 

specified under FOR FURTHER

INFORMATION CONTACT, whenever it 

becomes available. New information 

will help us monitor this subspecies and 

make appropriate decisions about its 

conservation and status. We encourage 

local agencies and stakeholders to 

continue cooperative monitoring and 

conservation efforts. 

Authors 

The primary authors of this document 

are the staff members of the Fish and 

Wildlife Service’s Species Assessment 

Team. 

Authority 

The authority for this action is section 

4 of the Endangered Species Act of 

1973, as amended (16 U.S.C. 1531 et 

seq.). 

Aurelia Skipwith, 

Director, U.S. Fish and Wildlife Service. 

[FR Doc. 2020–27198 Filed 12–14–20; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No.: 201209–0334] 

RIN 0648–BK05 

Fisheries of the Northeastern United 

States; Omnibus Framework 

Adjustment To Modify the Mid-Atlantic 

Fishery Management Council’s Risk 

Policy 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS approves and 

implements changes to the Mid-Atlantic 

Fishery Management Council’s Risk 

Policy. This action is intended to adjust 

the Council’s risk policy by accepting a 

higher level of risk for stocks at or above 

biomass targets. These adjustments 

could lead to increases in catch limits 

for healthy fisheries managed by the 

Council. 

DATES: Effective December 15, 2020. 

ADDRESSES: The Mid-Atlantic Fishery 

Management Council developed an 

environmental assessment (EA) for this 

action that describes and analyzes these 

measures and other considered 

alternatives. Copies of the Risk Policy 

Omnibus Framework Adjustment, 

including the EA and information on 

the economic impacts of this 

rulemaking, are available upon request 

from Dr. Christopher M. Moore, 

Executive Director, Mid-Atlantic 

Fishery Management Council, Suite 201, 

800 North State Street, Dover, DE 19901. 

These documents are also accessible via 

the internet at http://www.mafmc.org. 

Copies of the small entity compliance 

guide are available from Michael 

Pentony, Regional Administrator, 

NMFS, Greater Atlantic Regional 

Fisheries Office, 55 Great Republic 

Drive, Gloucester, MA 01930–2298, or 

Federal Register / Vol. 85, No. 241 / Tuesday, December 15, 2020 / Rules and Regulations 81153 

available on the internet at: http://

www.greateratlantic.fisheries.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Shannah Jaburek, Fishery Management 

Specialist, 978–282–8456. 

SUPPLEMENTARY INFORMATION: 

Background 

The Council took final action on this 

Risk Policy Omnibus Framework 

Adjustment to modify its risk policy in 

December 2019 and submitted the 

action to NMFS in early August 2020. 

NMFS published a proposed rule for the 

Framework on November 12, 2020 (85 

FR 72312). In the interest of 

implementing a final rule before January 

1, 2021 to facilitate the development of 

2021 fishing year specifications, the 

proposed rule included a 15-day public 

comment period that closed on 

November 26, 2020. 

NMFS has approved all of the 

measures in the Framework 

recommended by the Council, as 

described below. This final rule 

implements changes to the Council’s 

risk policy and removes the typical/ 

atypical species designation. The 

Magnuson-Stevens Fishery 

Conservation and Management Act 

allows NMFS to approve, partially 

approve, or disapprove measures 

proposed by the Council based on 

whether the measures are consistent 

with the FMP, the Magnuson-Stevens 

Act and its National Standards, and 

other applicable law. Details concerning 

the development of these measures were 

contained in the preamble of the 

proposed rule and are not repeated here. 

This action adjusts the Council’s risk 

policy by accepting a higher level of risk 

(i.e., the probability of overfishing, 

known as P*) for stocks that are healthy 

and either at or above biomass targets. 

For stocks not subject to a rebuilding 

plan that have a ratio of biomass (B) to 

biomass at maximum sustainable yield 

(BMSY) of 1.0 or lower, the maximum P* 

as informed by the overfishing limit 

(OFL) distribution will decrease linearly 

from a maximum value of 45 percent 

until the P* becomes zero at a B/BMSY

ratio of 0.10. For stocks with biomass 

that exceeds BMSY and the B/BMSY ratio 

is greater than 1.0, the P* will increase 

linearly from 45 percent to a maximum 

of 49 percent when the B/BMSY ratio is 

equal to 1.5 or greater. Under the 

current risk policy, the maximum 

allowed P* is capped at 40 percent for 

stocks with a B/BMSY ratio of 1.0 or 

higher, with this probability decreasing 

linearly until P* becomes zero at the B/ 

BMSY ratio of 0.10. The Council made no 

adjustments for stocks under a 

rebuilding plan or stocks with no OFL 

or proxy OFL. The increased tolerance 

of risk could lead to increases in ABC 

allocations for healthy fisheries the 

Council manages. The Council and its 

Scientific and Statistical Committee 

used this modified risk policy in 

recommending ABCs for scup and black 

sea bass for the 2021 fishing year that 

begins on January 1, 2021. 

This action also removes the typical/ 

atypical species designation when 

applied to the current risk policy. This 

designation was intended to provide for 

less risk to those species whose life 

histories make them more vulnerable to 

over-exploitation; however, it has rarely 

been used and is currently only applied 

to ocean quahog. This allows the 

Council to better use improvements in 

stock assessment and modeling 

approaches that can more appropriately 

account for and address such 

vulnerability. 

Proposed Rule Comments and 

Responses 

We received seven relevant and two 

non-relevant comments on the proposed 

rule during the public comment period. 

Below is a summary of the relevant 

comments and our responses. 

Comment 1: NMFS received two 

comments in agreement with the action. 

The Virginia Marine Resources 

Commission noted no objections to the 

changes in the Council’s risk policy. A 

member of the public commented in 

agreement with these adjustments, 

noting it was a welcomed change and 

enabled better management and 

sustainability. Specifically, it enables 

better utilization of species that are 

flourishing while still limiting the 

harvest of those fisheries that cannot 

sustain increases in allocations. 

Response: NMFS agrees. 

Comment 2: One commenter 

supported removing the typical/atypical 

species designation. The commenter 

also suggested that NMFS conduct an 

in-depth analysis of the regulatory 

changes to fully consider all impacts, 

including any increased risk to the 

environment and fish stocks as well as 

economic impacts. The commenter also 

noted that, under Executive Order (E.O.) 

12866, the net benefits of these 

regulatory changes must outweigh the 

net costs. 

Response: NMFS agrees with 

removing the species designation. The 

Council’s EA provides the analysis 

suggested by the commenter. In the EA, 

economic impacts are analyzed, along 

with a comprehensive analysis of 

impacts to the affected environment that 

includes managed and non-target 

species, physical environment, 

protected species, and effects on human 

communities. The alternatives 

considered in this action do not modify 

existing commercial quotas or 

recreational harvest limits for Councilmanaged fisheries and, therefore, will 

not have any direct socioeconomic 

impacts. However, increases in ABC 

allocations through future actions as a 

result of this action could result in 

positive socioeconomic impacts. When 

the proposed action is considered in 

conjunction with all other impacts from 

past, present, and reasonably 

foreseeable future actions, it is not 

expected to result in any significant 

impacts, positive or negative; therefore, 

no significant cumulative effects on the 

human environment are associated with 

the proposed action. Based on these 

findings, the outcome of the EA analysis 

was a Finding of No Significant Impact 

of implementing the regulatory changes 

as recommended by the Council. In 

addition, as suggested by the regulatory 

impact analysis in the EA, this rule was 

determined to be not significant under 

E.O. 12866. 

Comment 3: One member of the 

public asked NMFS to clarify what is 

meant by species whose life histories 

make them more vulnerable to overexploitation. 

Response: Over-exploitation occurs 

when a species is harvested in larger 

quantities than what is sustainable. 

Certain species characteristics, such as 

low reproduction rates and long 

timeframes to recruit to harvestable size 

for the fishery, could make it more 

difficult for the stock to recover to 

sustainable biomass levels), thus making 

the species more vulnerable to overexploitation. While this rule removes 

the atypical designation for these 

species, any future rulemakings would 

still consider these factors when putting 

measures in place. 

Comment 4: Three members of the 

public opposed the rule due to reasons 

that included overfishing concerns, lack 

of studies on long-term impacts to 

support increasing risk probabilities, 

concern with loosening or eliminating 

policies meant to protect and conserve 

natural resources, and ocean 

temperature shifts/changes. 

Response: NMFS appreciates the 

stated concerns that members of the 

public have with this rule. The changes 

to the Council’s risk policy only apply 

to fisheries that are healthy and are at 

or above sustainable levels (i.e., are not 

overfished and overfishing is not 

occurring). An example of a stock where 

increased risk may be applied is the 

black sea bass fishery, which in recent 

years has been at double or close to 

double the biomass at maximum 

sustainable yield. In addition, NMFS 

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