18276 Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 

Fishery Management Plan for the 

Snapper-Grouper Fishery of the South 

Atlantic Region (FMP). The South 

Atlantic Fishery Management Council 

prepared the FMP and the FMP is 

implemented by NMFS under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. 

The recreational fishing year for black 

sea bass is April 1 through March 31. 

The recreational AM for black sea bass 

requires that before the April 1 start date 

of each recreational fishing year, NMFS 

projects the length of the recreational 

fishing season based on when NMFS 

projects the recreational ACL will be 

met, and announces the recreational 

season end date in the Federal Register 

(50 CFR 622.193(e)(2)). The purpose of 

this AM is to have a more predictable 

recreational season length while still 

constraining harvest at or below the 

recreational ACL to protect the stock 

from experiencing adverse biological 

consequences. 

The recreational ACL for the 2020– 

2021 black sea bass fishing year is 

310,602 lb (140,887 kg), gutted weight, 

366,510 lb (166,246 kg), round weight. 

The recreational ACL was set through 

the final rule for Abbreviated 

Framework Amendment 2 to the FMP 

(84 FR 14021, April 9, 2019). 

NMFS estimates that recreational 

landings for the 2022–2023 fishing year 

will be less than the 2020–2021 

recreational ACL. To make this 

determination, NMFS compared 

recreational landings in the last 3 

fishing years (2018/2019, 2019/2020, 

and 2020/2021) to the recreational ACL 

for the 2022–2023 black sea bass fishing 

year. Recreational landings in each of 

the past 3 fishing years have been 

substantially less than the 2022–2023 

recreational ACL; therefore, recreational 

landings are projected to be less than 

the 2022–2023 recreational ACL. 

Accordingly, the recreational sector for 

black sea bass is not expected to close 

during the fishing year as a result of 

reaching its ACL, and the season end 

date for recreational fishing for black sea 

bass in the South Atlantic EEZ south of 

35°15.9′ N latitude is March 31, 2021. 

Classification 

The Regional Administrator for the 

NMFS Southeast Region has determined 

this temporary rule is necessary for the 

conservation and management of South 

Atlantic black sea bass and is consistent 

with the FMP, the Magnuson-Stevens 

Act, and other applicable laws. 

This action is taken under 50 CFR 

622.193(e)(2) and is exempt from review 

under Executive Order 12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act because the temporary rule is issued 

without opportunity for prior notice and 

comment. 

This action responds to the best 

scientific information available. The 

Assistant Administrator for NOAA 

Fisheries (AA) finds that the need to 

immediately implement the notice of 

the recreational season length 

constitutes good cause to waive the 

requirements to provide prior notice 

and opportunity for public comment 

pursuant to the authority set forth in 5 

U.S.C. 553(b)(B), because prior notice 

and opportunity for public comment on 

this temporary rule is unnecessary. 

Such procedures are unnecessary, 

because the rule establishing the AM 

has already been subject to notice and 

comment and all that remains is to 

notify the public of the recreational 

season length. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in the effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

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

Dated: March 24, 2022. 

Ngagne Jafnar Gueye, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–06702 Filed 3–29–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 201209–0332; RTID 0648– 

XB687] 

Fisheries of the Northeastern United 

States; Atlantic Bluefish Fishery; 

Quota Transfer From MD to NC 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification; quota transfers. 

SUMMARY: NMFS announces that the 

State of Maryland is transferring a 

portion of its 2021 commercial bluefish 

quota to the State of North Carolina. 

This quota adjustment is 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 Maryland and North 

Carolina. 

DATES: Effective March 25, 2022 through 

December 31, 2021. 

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 2021 allocations were published 

on December 16, 2020 (85 FR 81421). 

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 Act. 

Maryland is transferring 10,000 lb 

(4,536 kg) to North Carolina through 

mutual agreement of the states. This 

transfer was requested to ensure that 

North Carolina would not exceed their 

2021 state quota. The revised bluefish 

quotas for 2021 are: Maryland 33,084 lb 

(15,007 kg) and North Carolina, 

1,082,377 lb (490,958 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 

exempted from review under Executive 

Order 12866. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Rules and Regulations 18277 

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

Ngagne Jafnar Gueye, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–06723 Filed 3–25–22; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No.: 220325–0078] 

RIN 0648–BL13 

Fisheries of the Northeastern United 

States; Framework Adjustment 34 to 

the Atlantic Sea Scallop Fishery 

Management Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS approves and 

implements the measures included in 

Framework Adjustment 34 to the 

Atlantic Sea Scallop Fishery 

Management Plan as adopted and 

submitted by the New England Fishery 

Management Council. Framework 34 

establishes scallop specifications and 

other measures for fishing years 2022 

and 2023. This action incorporates the 

new specifications-setting methodology 

and other changes developed in 

Amendment 21 to the Atlantic Sea 

Scallop Fishery Management Plan into 

the fishing year 2022 specifications. In 

addition, Framework 34 implements 

measures to protect small scallops, 

promote scallop recruitment in the midAtlantic, and reduce bycatch of flatfish. 

This final rule addresses regulatory text 

that is unnecessary, outdated, or 

unclear. This action is necessary to 

prevent overfishing and improve both 

yield-per-recruit and the overall 

management of the Atlantic sea scallop 

resource. 

DATES: Effective April 1, 2022, except 

for amendatory instruction 7 (removing 

and reserving § 648.60(a)), which is 

effective May 31, 2022. 

ADDRESSES: The Council has prepared 

an Environmental Assessment (EA) for 

this action that describes the measures 

contained in Framework Adjustment 34 

to the Atlantic Sea Scallop Fishery 

Management Plan (FMP) and other 

considered alternatives and analyzes the 

impacts of these measures and 

alternatives. The Council submitted 

Framework 34 to NMFS that includes 

the EA, a description of the Council’s 

preferred alternatives, the Council’s 

rationale for selecting each alternative, 

and a Regulatory Impact Review (RIR). 

Copies of supporting documents used 

by the New England Fishery 

Management Council, including the EA 

and RIR, are available from: Thomas A. 

Nies, Executive Director, New England 

Fishery Management Council, 50 Water 

Street, Newburyport, MA 01950 and 

accessible via the internet in documents 

available at: https://www.nefmc.org/ 

library/framework-34-1. 

FOR FURTHER INFORMATION CONTACT: 

Travis Ford, Fishery Policy Analyst, 

(978) 281–9233. 

SUPPLEMENTARY INFORMATION: 

Background 

The New England Fishery 

Management Council adopted 

Framework 34 to the Atlantic Sea 

Scallop FMP on December 9, 2021. The 

Council submitted Framework 34, 

including an EA, for NMFS approval on 

March 10, 2022. NMFS published a 

proposed rule for Framework 34 on 

February 15, 2022 (87 FR 8543). To help 

ensure that the final rule would be 

implemented before the start of the 

fishing year on April 1, 2022, the 

proposed rule included a 15-day public 

comment period that closed on March 2, 

2022. 

On January 12, 2022, NMFS 

published Amendment 21 to the 

Atlantic Sea Scallop FMP (87 FR 1688). 

Amendment 21 makes several changes 

to the management, including 

specifications-setting methodology, of 

the Northern Gulf of Maine (NGOM) and 

limited access general category (LAGC) 

individual fishing quota (IFQ) 

components. Framework 34 

incorporates these new specificationssetting methodology and other changes 

developed in Amendment 21 into the 

fishing year 2022 specifications. 

NMFS has approved all of the 

measures in Framework 34 

recommended by the Council, as 

described below. This final rule 

implements Framework 34, which sets 

scallop specifications and other 

measures for fishing years 2022 and 

2023, including changes to the catch, 

effort, and quota allocations and 

adjustments to the rotational area 

management program for fishing year 

2022, measures to reduce bycatch of 

flatfish, and default specifications for 

fishing year 2023. The MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

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. NMFS generally 

defers to the Council’s policy choices 

unless there is a clear inconsistency 

with the law or the FMP. Details 

concerning the development of these 

measures were contained in the 

preamble of the proposed rule and are 

not repeated here. This final rule also 

addresses regulatory text that is 

unnecessary, outdated, or unclear 

consistent with section 305(d) of the 

Magnuson-Stevens Act. 

Specification of Scallop Overfishing 

Limit (OFL), Acceptable Biological 

Catch (ABC), Annual Catch Limits 

(ACL), Annual Catch Targets (ACT), 

Annual Projected Landings (APL) and 

Set-Asides for the 2022 Fishing Year, 

and Default Specifications for Fishing 

Year 2023 

The Council set the OFL based on a 

fishing mortality (F) of 0.61, equivalent 

to the F threshold updated through the 

Northeast Fisheries Science Center’s 

most recent scallop benchmark stock 

assessment that was completed in 

September 2020. The ABC and the 

equivalent total ACL for each fishing 

year are based on an F of 0.45, which 

is the F associated with a 25-percent 

probability of exceeding the OFL. The 

Council’s Scientific and Statistical 

Committee (SSC) recommended scallop 

fishery ABCs of 56.7 million lb (25,724 

mt) for 2022 and 51.1 million lb (23,200 

mt) for the 2023 fishing year, after 

accounting for discards and incidental 

mortality. The SSC will reevaluate and 

potentially adjust the ABC for 2023 

when the Council develops the next 

framework adjustment. 

Table 1 outlines the scallop fishery 

catch limits. 

TABLE 1—SCALLOP CATCH LIMITS (mt) FOR FISHING YEARS 2022 AND 2023 FOR THE LIMITED ACCESS AND LAGC IFQ 

FLEETS

Catch limits 2022 (mt) 2023 (mt) 1

ABC/ACL (discards removed) ................................................................................................................................. 25,724 23,200 


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