Rule2022-21295
Fisheries of the Northeastern United States; Scup Fishery; Adjustment to the 2022 Winter II Quota
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 30, 2022
Effective
October 1, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS adjusts the 2022 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.
Full Text
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<title>Federal Register, Volume 87 Issue 189 (Friday, September 30, 2022)</title>
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[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Rules and Regulations]
[Pages 59340-59341]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21295]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 2021-27773; RTID 0648-XC417]
Fisheries of the Northeastern United States; Scup Fishery;
Adjustment to the 2022 Winter II Quota
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason adjustment.
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SUMMARY: NMFS adjusts the 2022 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, 2022, through December 31, 2022.
FOR FURTHER INFORMATION CONTACT: Laura Deighan, Fishery Management
Specialist, (978) 281-9184; or <a href="/cdn-cgi/l/email-protection#ade1ccd8dfcc83e9c8c4cac5ccc3edc3c2cccc83cac2db"><span class="__cf_email__" data-cfemail="b9f5d8cccbd897fddcd0ded1d8d7f9d7d6d8d897ded6cf">[email protected]</span></a>.
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 roll over unused Winter I commercial
scup quota (January 1 through April 30) to be added to the Winter II
period quota (October 1 through December 31) (50 CFR 648.122(d)). The
framework also allows adjustment of the commercial possession limit for
the Winter II period dependent on the amount of quota rolled over from
the Winter I period.
For 2022, the initial Winter II quota is 3,248,849 lb (1,473,653
kg). The best available landings information through September 8, 2022,
indicates that 4,219,494 lb (1,913,930 kg) remain of the 9,194,201 lb
(4,170,419 kg) Winter I quota. Consistent with Framework 3, the full
amount of unused 2022 Winter I quota is being transferred to Winter II,
resulting in a revised 2022 Winter II quota of 7,468,343 lb (3,387,583
kg). Because the amount transferred is between 4.0 and 4.5 million lb
(1,814,369 and 2,041,165 kg), the
[[Page 59341]]
Federal per trip possession limit will increase from 12,000 lb (5,443
kg) to 24,000 lb (10,886 kg), as outlined in the final rule that
established the possession limit and quota rollover procedures for this
year, published on December 23, 2021 (86 FR 72859). The new possession
limit would be effective October 1 through December 31, 2022. The
possession limit will revert back to 12,000 lb (5,443 kg) at the start
of the next fishing year that begins January 1, 2023.
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 implementation of this inseason 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 2022 scup specifications that were
published December 23, 2021, 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 27, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-21295 Filed 9-29-22; 8:45 am]
BILLING CODE 3510-22-P
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