82944 Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Rules and Regulations 

TABLE 1 TO PARAGRAPH (a)— 

Continued 

Commodity Parts per 

million 

Wheatgrass, intermediate, 

straw .................................. 50 

* * * * * 

[FR Doc. 2020–28128 Filed 12–17–20; 11:15 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 201214–0337] 

RIN 0648–BJ98 

Fisheries of the Northeastern United 

States; Golden Tilefish Fishery; Final 

2021 and Projected 2022 Specifications 

and Emergency Action 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS announces final 

specifications for the 2021 commercial 

golden tilefish fishery and projected 

specifications for 2022. This action also 

implements temporary emergency 

measures for the golden tilefish fishery 

at the request of the Mid-Atlantic 

Fishery Management Council. This 

action establishes allowable harvest 

levels and other management measures 

to prevent overfishing while allowing 

optimum yield, consistent with the 

Magnuson-Stevens Fishery 

Conservation and Management Act and 

the Tilefish Fishery Management Plan. 

The emergency measures allow a 

limited one-time carryover of up to 5 

percent of unharvested fishing quota 

from the 2020 fishing year into the 2021 

fishing year. 

DATES: This rule is effective December 

21, 2020. Emergency action measures 

expire June 19, 2021. The 2021 

specification measures expire November 

1, 2021. 

ADDRESSES: Copies of the Supplemental 

Information Report prepared for this 

action are available from Dr. 

Christopher M. Moore, Executive 

Director, Mid-Atlantic Fishery 

Management Council, 800 North State 

Street, Suite 201, Dover, DE 19901. 

These documents are also accessible via 

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

FOR FURTHER INFORMATION CONTACT: 

Douglas Potts, Fishery Policy Analyst, 

(978) 281–9341. 

SUPPLEMENTARY INFORMATION: 

Background 

The Mid-Atlantic Fishery 

Management Council manages the 

golden tilefish fishery under the Tilefish 

Fishery Management Plan (FMP), which 

outlines the Council’s process for 

establishing annual specifications. The 

FMP requires the Council to recommend 

acceptable biological catch (ABC), 

annual catch limit (ACL), annual catch 

target (ACT), total allowable landings 

(TAL), and other management measures, 

for up to 3 years at a time. The directed 

fishery is managed under an individual 

fishing quota (IFQ) program, with small 

amounts of non-IFQ catch allowed 

under an incidental permit. Detailed 

background information regarding the 

development of the 2021–2022 

specifications for this fishery was 

provided in the specifications proposed 

rule (85 FR 72616; November 13, 2020). 

That information is not repeated here. 

Specifications 

The table below shows the 2021 and 

projected 2022 specifications including 

the ABC, ACL, ACT, and TAL for the 

commercial Mid-Atlantic golden tilefish 

fishery. NMFS will publish a notice in 

the Federal Register before the 2022 

fishing year notifying the public of the 

final specifications. 

TABLE 1—2021 AND PROJECTED 2022 GOLDEN TILEFISH SPECIFICATIONS

2021 Projected 2022 

million lb mt million lb mt 

ABC ................................................................................................................................. 1.636 742 1.636 742 

ACL ................................................................................................................................. 1.636 742 1.636 742 

IFQ ACT .......................................................................................................................... 1.554 705 1.554 705 

Incidental ACT ................................................................................................................. 0.082 37 0.082 37 

IFQ TAL ........................................................................................................................... 1.554 705 1.554 705 

Incidental TAL ................................................................................................................. 0.070 32 0.070 32 

Under the FMP, 95 percent of the ACL 

is allocated for the IFQ fishery, and the 

remaining 5 percent is allocated for the 

incidental fishery. This results in the 

ACT for each. The TAL for each of these 

sectors of the fishery is derived by 

deducting anticipated discards of 

tilefish from the ACT. 

This action makes no changes to 

possession limits in the golden tilefish 

fishery. The incidental trip limit 

remains 500 lb (226.8 kg) (live weight), 

or 50 percent of the weight of all fish 

being landed, whichever is less, and the 

recreational catch limit remains eight 

fish per angler per trip. 

Emergency Action 

At its April 2020 meeting, the Council 

requested that NMFS take emergency 

action to allow a 5 percent carryover of 

unharvested IFQ quota from fishing year 

2020 to 2021. The tilefish IFQ program 

does not normally allow any carryover 

of unharvested allocation from one 

fishing year into the next. Unforeseen 

changes in the market for seafood 

resulting from the COVID–19 pandemic, 

particularly the loss of restaurant sales 

due to local closure orders, have 

substantially reduced demand for 

golden tilefish. A review of golden 

tilefish IFQ landings from November 1, 

2019, through June 30, 2020, shows that 

landings were approximately 18.5- 

percent below the same date in 2018 

and 2019. Because of this 

unprecedented impact on the fishery, 

we are implementing this one-time carry 

over under our emergency rulemaking 

authority specified in section 305(c) of 

the Magnuson-Stevens Act. 

Each IFQ quota shareholder will be 

able to carry over 2020 IFQ quota 

pounds that are not used to land tilefish 

before the end of the fishing year, up to 

a maximum amount of 5 percent of their 

initial 2020 IFQ quota pounds. Final 

IFQ accounting is normally completed 

in December or January, after all 

landings data has been submitted and 

undergone normal reviews for quality 

control and quality assurance. 

Following that accounting, IFQ quota 

Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Rules and Regulations 82945 

shareholders that land less than 95 

percent of their initial 2020 quota 

pounds will receive the full 5-percent 

carryover. Those that land between 95 

and 100 percent of their initial 2020 

quota pounds will receive the amount 

they were under. Revised 2020 

allocation permits indicating the 

amount of any carryover will be issued 

to each IFQ quota shareholder. Any 

increase in the 2021 IFQ TAL reflects 

2020 IFQ TAL that was not harvested. 

Thus, total landings for 2020 and 2021 

will remain at or below the combined 

IFQ TAL for the 2 years. 

NMFS’s policy guidelines for the use 

of emergency rules (62 FR 44421; 

August 21, 1997) specify the following 

three criteria that define what an 

emergency situation is, and justification 

for final rulemaking: (1) The emergency 

results from recent, unforeseen events or 

recently discovered circumstances; (2) 

the emergency presents serious 

conservation or management problems 

in the fishery; and (3) the emergency 

can be addressed through emergency 

regulations for which the immediate 

benefits outweigh the value of advance 

notice, public comment, and 

deliberative consideration of the 

impacts on participants to the same 

extent as would be expected under the 

normal rulemaking process. NMFS’s 

policy guidelines further provide that 

emergency action is justified for certain 

situations where emergency action 

would prevent significant direct 

economic loss, or to preserve a 

significant economic opportunity that 

otherwise might be foregone. NMFS has 

determined that allowing the carryover 

of unharvested tilefish IFQ quota 

pounds as described above meets the 

three criteria for emergency action for 

the reasons outlined below. 

The emergency results from recent, 

unforeseen events or recently 

discovered circumstances. On March 13, 

2020, a national emergency was 

declared in response to the global 

spread of a novel coronavirus (SARSCoV–2), and the outbreaks of the disease 

caused by this virus, COVID–19. State 

governors across the Greater Atlantic 

region declared states of emergency and 

implemented health and travel 

restrictions in recognition of the 

growing impacts and risks of COVID–19. 

The tilefish industry began to 

experience impacts from the COVID–19 

pandemic in March 2020. These impacts 

were unforeseen during the 

development of management measures 

for the 2020 fishing year that began on 

November 1, 2019. 

The emergency presents serious 

conservation or management problems 

in the fishery. When state governors 

across the Greater Atlantic region 

declared states of emergency, it became 

exceedingly difficult for members of the 

tilefish industry to complete fishing 

trips and sell their catch to federally 

permitted tilefish dealers. Even after 

some tilefish dealer activity resumed, 

the ability of tilefish IFQ quota holders 

to harvest their quota remained very 

limited, and a number of fishermen 

were unable to harvest their full quota 

for the 2020 fishing year. This 

emergency action would help prevent 

additional economic losses to industry 

participants, shoreside businesses, and 

fishing communities, and help offset 

lost fishing opportunities during the 

2020 fishing year. 

Although the Council has the 

authority to develop a management 

action to authorize carryover, an 

emergency action can be developed and 

implemented by NMFS more swiftly 

than a Council action that is subject to 

requirements not applicable to the 

Secretary. If the normal Council process 

is used to implement carryover 

provisions, it would take substantially 

longer for those provisions to be 

implemented and could prevent vessels 

from harvesting carryover at an 

opportune time in the upcoming fishing 

year. It was not possible to implement 

these changes for the start of the 2021 

fishing year through rulemaking 

following the normal Council process 

because of time required for the Council 

to develop a FMP amendment or 

framework adjustment. If implemented 

through emergency action, carryover 

allocation will be available to fishermen 

early in the tilefish fishing year, which 

allows maximum flexibility and ensures 

the intended benefits of this action are 

realized. Making carryover quota 

available for as much of the fishing year 

as possible is important to allow tilefish 

permit holders to plan to use additional 

quota when it is most beneficial to 

them. Section 305(c) of the MagnusonStevens Act specifies that emergency 

regulations may only remain in effect 

for 180 days from the date of 

publication and may be extended for 

one additional period of not more than 

186 days. 

Comments 

The public comment period for the 

proposed rule ended on November 30, 

2020. We received no relevant 

comments on the proposed rule. 

Changes from Proposed to Final Rule 

There are no changes from the 

proposed rule. 

Classification 

NMFS is issuing this rule pursuant to 

sections and 304(b) and 305(c) of the 

Magnuson Stevens Act, which provide 

specific authority and procedure for 

implementing this action. Section 

304(b) authorizes NMFS to implement 

regulations implementing a fishery 

management plan or plan amendment. 

Section 305(c) authorizes NMFS to 

implement regulations at the request of 

the Council to address an emergency in 

the fishery. The NMFS Assistant 

Administrator has determined that this 

rule is consistent with the Tilefish FMP, 

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

subject to further consideration after 

public comment. 

The Assistant Administrator 

Fisheries, NOAA (AA) finds the need to 

implement these measures in a timely 

manner to implement the final harvest 

limits for the 2021 fishing year that 

started on November 1, 2020, and to 

implement emergency measures to 

allow the carryover of up to 5 percent 

of unharvested IFQ quota, constitutes 

good cause under authority contained in 

5 U.S.C. 553(d)(3), to waive the 30-day 

delay in effective date and make the rule 

effective immediately upon publication 

in the Federal Register. The 2021 

tilefish fishing year is already underway 

and delaying the effective date for this 

rule would undermine the intent of this 

rule. A full assessment of the potential 

impacts of the emergency measures in 

this action was not available until late 

October, delaying the publication of the 

proposed rule for this action. 

The 30-day delay in implementation 

for this rule is also unnecessary because 

this rule contains no new measures (e.g., 

requiring new nets or equipment) for 

which regulated entities need time to 

prepare or revise their current practices. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

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. 

This final rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

82946 Federal Register / Vol. 85, No. 245 / Monday, December 21, 2020 / Rules and Regulations 

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

Dated: December 14, 2020. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs,National Marine 

Fisheries Service. 

[FR Doc. 2020–27852 Filed 12–18–20; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 201214–0338; RTID 0648– 

XX006] 

Fisheries of the Northeastern United 

States; Summer Flounder, Scup, and 

Black Sea Bass 2021 Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS announces 2021 

specifications for the summer flounder, 

scup, and black sea fisheries. The 

implementing regulations for the 

Summer Flounder, Scup, and Black Sea 

Bass Fishery Management Plan require 

us to publish specifications for the 

upcoming fishing year for each of these 

species. This action is intended to 

inform the public of the specifications 

for the start of the 2021 fishing year for 

summer flounder, scup, and black sea 

bass. 

DATES: This rule is effective January 1, 

2021. 

ADDRESSES: A Supplemental 

Information Report (SIR) was prepared 

for the 2021 summer flounder, scup, 

and black sea bass specifciations. Copies 

of the SIR are available on request from 

Dr. Christopher M. Moore, Executive 

Director, Mid-Atlantic Fishery 

Management Council, Suite 201, 800 

North State Street, Dover, DE 19901. 

The SIR is also accessible via the 

internet at http://www.mafmc.org/s/SF_

2020-2021_specs_EA.pdf. 

FOR FURTHER INFORMATION CONTACT: 

Emily Keiley, Fishery Policy Analyst, 

(978) 281–9116. 

SUPPLEMENTARY INFORMATION: 

General Background 

The Mid-Atlantic Fishery 

Management Council and the Atlantic 

States Marine Fisheries Commission 

cooperatively manage the summer 

flounder, scup, and black sea bass 

fisheries. The Summer Flounder, Scup, 

and Black Sea Bass Fishery Management 

Plan (FMP) outlines the Council’s 

process for establishing specifications. 

The FMP requires NMFS to set an 

acceptable biological catch (ABC), 

annual catch limit (ACL), annual catch 

targets (ACT), commercial quotas, 

recreational harvest limits (RHL), and 

other management measures, for 1 to 3 

years at a time. Projected 2021 

specifications for summer flounder (84 

FR 54041; October 9, 2019) and scup 

and black sea bass (85 FR 29345; May 

15, 2020) were previously announced. 

This action revises the 2021 ABC limits, 

as well as the recreational and 

commercial ACLs, ACTs, commercial 

quotas, and RHLs for all three species, 

consistent with the recommendations 

made by the Commission’s Summer 

Flounder, Scup, and Black Sea Bass 

Board and the Council at their joint 

August 2020 meeting. These revisions 

are primarily based on recent changes to 

the Council’s risk policy that we 

approved on December 15, 2020. The 

risk policy defines the acceptable risk of 

overfishing associated with an ABC. The 

revised risk policy allows for increased 

risk of overfishing under high stock 

biomass conditions compared to the 

previous risk policy. The change is 

greatest for stocks with biomass above 

the target level (BMSY). 

Final 2021 Specifications 

Summer Flounder Specifications 

For summer flounder, applying the 

revised risk policy, keeping all other 

relevant factors the same as previously 

adopted, results in an increase in the 

2021 ABC from 25.03 million lb (11,354 

mt) to 27.11 million lb (12,297 mt). This 

represents an 8-percent increase in the 

ABC and an increase in the probability 

of overfishing from 34 to 39 percent. 

Given the high biomass (healthy stock 

status) of summer flounder, the revised 

risk policy allows for a slightly 

increased risk of overfishing, which 

balances fishery access with the 

prevention of overfishing. Section 5.1 of 

the Council’s SIR provides information 

on how the revised ABC was calculated 

using the new risk policy. The resulting 

catch and landings limits are shown in 

Table 1. 

TABLE 1—SUMMARY OF THE FINAL 2021 SUMMER FLOUNDER FISHERY SPECIFICATIONS

2021 Specifications million lb mt 

OFL .......................................................................................................................................................................... 31.67 14,367 

ABC .......................................................................................................................................................................... 27.11 12,297 

Commercial ACL ...................................................................................................................................................... 14.63 6,635 

Commercial ACT ..................................................................................................................................................... 14.63 6,635 

Commercial Quota ................................................................................................................................................... 12.49 5,663 

Recreational ACL ..................................................................................................................................................... 12.48 5,662 

Recreational ACT .................................................................................................................................................... 12.48 5,662 

Recreational Harvest Limit ...................................................................................................................................... 8.32 3,776 

We also recently approved (October 

19, 2020) and implemented (December 

14 2020, 85 FR 80661) Amendment 21 

to the FMP. Amendment 21 implements 

a new state-by-state allocation formula 

for the commercial summer flounder 

fishery. The revised allocation formula 

was used to set the final 2021 summer 

flounder commercial state quotas. In 

addition to the revised allocation 

formula, the final state summer flounder 

quotas take into account any overages 

that occurred during the 2019 or current 

fishing year, through October 31, as 

described at 50 CFR 648.103(b)(2). The 

final 2021 state-by-state summer 

flounder quotas are provided in Table 2.