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specified in 50 CFR 622.190(a)(1)(i) and whether the fish are harvested in state DEPARTMENT OF COMMERCE (ii). or Federal waters, as specified in 50 After the January through June 2020 CFR 622.190(c)(1)(ii). National Oceanic and Atmospheric fishing season, 3,048 lb (1,382 kg) of the Administration snowy grouper commercial quota Classification remained unharvested. As specified in 50 CFR Part 635 NMFS issues this action pursuant to 50 CFR 622.190(a)(1)(iii), NMFS added [Docket No. 120627194–3657–02] this unused portion of the snowy section 305(d) of the Magnuson-Stevens grouper commercial quota to the Act. This action is required by 50 CFR RTID 0648–XA629 commercial quota for the July through 622.193(b)(1), which was issued December 2020 fishing season. pursuant to section 304(b) of the Atlantic Highly Migratory Species; Therefore, the snowy grouper Magnuson-Stevens Act, and is exempt North Atlantic Swordfish Fishery from review under Executive Order commercial quota for the July through AGENCY: National Marine Fisheries December 2020 fishing season is 49,229 12866. Service (NMFS), National Oceanic and lb (22,329 kg). Any unused commercial These measures are exempt from the Atmospheric Administration (NOAA), quota for the July through December procedures of the Regulatory Flexibility Commerce. fishing season becomes void and will Act because the temporary rule is issued ACTION: Temporary rule; inseason not be added to any subsequent quota without opportunity for prior notice and Swordfish General Commercial permit (622.190(a)(1)(iii)). comment. retention limit adjustment. Under 50 CFR 622.193(b)(1), NMFS is required to close the commercial sector Pursuant to 5 U.S.C. 553(b)(B), there SUMMARY: NMFS is adjusting the for snowy grouper when the commercial is good cause to waive prior notice and Swordfish General Commercial permit quota specified in 50 CFR 622.190(a)(1) an opportunity for public comment as retention limits for the Northwest is reached or is projected to be reached, such procedures are unnecessary and Atlantic, Gulf of Mexico, and U.S. by filing a notification to that effect with contrary to the public interest. Such Caribbean regions for January through the Office of the Federal Register. NMFS procedures are unnecessary because the June of the 2021 fishing year, unless projects that commercial landings of regulations associated with the otherwise later noticed. The Swordfish South Atlantic snowy grouper, as commercial quota for South Atlantic General Commercial permit retention estimated by the Science and Research snowy grouper have already been limit in each of these regions is Director, will reach the adjusted July subject to notice and comment, and all increased from the regulatory default through December 2020 commercial that remains is to notify the public of limit (either two or three fish) to six quota by December 12, 2020. the commercial closure for the swordfish per vessel per trip. The Accordingly, the commercial sector for remainder of the July through December Swordfish General Commercial permit South Atlantic snowy grouper is closed 2020 fishing season. Prior notice and retention limit in the Florida Swordfish effective at 12:01 a.m., local time, on opportunity for public comment on this Management Area will remain December 12, 2020, and remains closed action is contrary to the public interest unchanged at the default limit of zero until the start of the next January swordfish per vessel per trip, as through June fishing season on January because of the need to immediately implement the commercial closure to discussed in more detail below. These 1, 2021. adjustments apply to Swordfish General The operator of a vessel with a valid protect South Atlantic snowy grouper, because the capacity of the fishing fleet Commercial permitted vessels and to commercial vessel permit for South Highly Migratory Species (HMS) Atlantic snapper-grouper having snowy allows for rapid harvest of the Charter/Headboat permitted vessels grouper on board must have landed and commercial quota. Prior notice and with a commercial endorsement when bartered, traded, or sold such snowy opportunity for public comment would on a non-for-hire trip. This action is grouper prior to 12:01 a.m., local time, require time and would potentially based upon consideration of the on December 12, 2020. During the result in a harvest that exceeds the applicable inseason regional retention commercial closure, harvest and commercial quota. limit adjustment criteria. possession of snowy grouper in or from For the aforementioned reasons, there the South Atlantic EEZ is limited to the DATES: The adjusted Swordfish General is good cause under 5 U.S.C. 553(d)(3) bag and possession limits, as specified Commercial permit retention limits in in § 622.187(b)(2)(ii) and (c)(1). Also to waive the 30-day delay in the the Northwest Atlantic, Gulf of Mexico, during the commercial closure, the sale effective date of this action. and U.S. Caribbean regions are effective or purchase of snowy grouper taken Authority: 16 U.S.C. 1801 et seq. from January 1, 2021, through June 30, 2021. from the EEZ is prohibited. The Dated: December 4, 2020. prohibition on sale or purchase does not FOR FURTHER INFORMATION CONTACT: apply to the sale or purchase of snowy Jennifer M. Wallace, Sarah McLaughlin, sarah.mclaughlin@ grouper that were harvested, landed Acting Director, Office of Sustainable noaa.gov 978–281–9260, Lauren ashore, and sold prior to 12:01 a.m., Fisheries, National Marine Fisheries Service. Latchford, [email protected] local time, on December 12, 2020, and [FR Doc. 2020–27064 Filed 12–7–20; 8:45 am] 301–427–8503, or Larry Redd, were held in cold storage by a dealer or BILLING CODE 3510–22–P [email protected] 301–427–8503. processor. SUPPLEMENTARY INFORMATION: For a person on board a vessel for Regulations implemented under the which a Federal commercial or charter authority of the Atlantic Tunas vessel/headboat permit for South Convention Act (ATCA; 16 U.S.C. 971 et Atlantic snapper-grouper has been seq.) and the Magnuson-Stevens Fishery issued, the bag and possession limits Conservation and Management Act and the sale and purchase provisions (Magnuson-Stevens Act; 16 U.S.C. 1801 during the commercial closure for et seq.) governing the harvest of North snowy grouper apply regardless of Atlantic swordfish by persons and

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vessels subject to U.S. jurisdiction are species (HMS) Commercial Caribbean adjustments to the retention limits must found at 50 CFR part 635. Section Small Boat (CCSB) permit holders, be based upon a consideration of the 635.27 subdivides the U.S. North Swordfish General Commercial permit relevant criteria provided in Atlantic swordfish quota recommended holders, and HMS Charter/Headboat § 635.24(b)(4)(iv). NMFS has considered by the International Commission for the permit holders with a commercial these criteria as discussed below and Conservation of Atlantic Tunas (ICCAT) endorsement on a non-for hire (i.e., their applicability to the Swordfish and implemented by the United States commercial) trip, and add inseason General Commercial permit retention into two equal semi-annual directed adjustment criteria to the CCSB permit. limit in all regions for January through fishery quotas; an annual incidental NMFS anticipates that the proposed rule June of the 2021 North Atlantic catch quota for fishermen targeting other would streamline HMS regulations to swordfish fishing year. species or catching swordfish align retention limits for commercial NMFS must consider the effects of the recreationally, and a reserve category, swordfish permits established for HMS adjustment on accomplishing the according to the allocations established CCSB permit holders under Amendment objectives of the fishery management in the 2006 Consolidated Atlantic 4 with those established in Amendment plan and its amendments. See Highly Migratory Species Fishery 8 to the 2006 Consolidated HMS FMP § 635.24(b)(4)(iv)(D). The objective is to Management Plan (2006 Consolidated for Swordfish General Commercial provide opportunities to harvest the full Atlantic HMS FMP) (71 FR 58058, permit holders. If the rule were to be North Atlantic directed swordfish quota October 2, 2006), as amended, and in finalized as proposed, NMFS anticipates without exceeding it, and the goal, accordance with implementing that it would no longer be necessary to based upon the 2006 Consolidated regulations. NMFS is required under increase the default swordfish retention Atlantic HMS FMP, is to manage ATCA and the Magnuson-Stevens Act to limit through inseason adjustment for Atlantic HMS fisheries for continuing provide U.S. fishing vessels with a Swordfish General Commercial permit optimum yield so as to provide the reasonable opportunity to harvest the holders and HMS Charter/Headboat greatest overall benefit to the Nation, ICCAT-recommended quota. permit with a commercial endorsement particularly with respect to food The increase in the retention limit on a commercial trip to provide production, providing recreational will help provide a reasonable additional fishing opportunities for opportunities, preserving traditional opportunity to harvest available quota. these permit holders. The ability to fisheries, and taking into account the The current annual U.S. baseline quota reduce the default retention limit protection of marine ecosystems. This is 2,937.6 mt dressed weight (dw) (3,907 through inseason adjustment to account action will help preserve the swordfish mt whole weight (ww)). Under for possible quota overages would handgear fishery (rod and reel, § 635.27(c)(3)(ii), and consistent with remain in effect. handline, harpoon, bandit gear, and the applicable ICCAT recommendation, greenstick). Although this action does NMFS may carry over underharvest Adjustment of Swordfish General not specifically provide recreational from 2020, limited to 15 percent of the Commercial Permit Vessel Retention fishing opportunities, it will have a 2020 annual baseline quota, which is a Limits minimal impact on the recreational maximum of 440.6 mt dw (586.0 mt The 2021 North Atlantic swordfish sector because recreational landings are ww). With underharvest as expected in fishing year will begin on January 1, counted against a separate incidental 2020, NMFS anticipates carrying over 2021. Regional default retention limits swordfish quota. the maximum underharvest allowed, for the Swordfish General Commercial NMFS has examined dealer reports which would result in an adjusted permit have been established and are and landing trends and determined that North Atlantic swordfish quota for the automatically effective from January 1 the information obtained from biological 2021 fishing year of 3,378.2 mt dw through December 31 each year, unless sampling and monitoring of the North (2,937.6 + 440.6 = 3,378.2 mt dw). As in changed based on the inseason regional Atlantic swordfish stock is useful. See past years, NMFS anticipates allocating retention limit adjustment criteria at § 635.24(b)(4)(iv)(A). Regarding the 50 mt dw from the adjusted quota to the § 635.24(b)(4)(iv). The Swordfish estimated ability of vessels participating Reserve category for inseason General Commercial permit default in the fishery to land the amount of adjustments/research and allocating 300 retention limits are: (1) Northwest swordfish quota available before the end mt dw to the Incidental category, which Atlantic region—three swordfish per of the fishing year, § 635.24(b)(4)(iv)(B), includes recreational landings and vessel per trip; (2) Gulf of Mexico NMFS reviewed electronic dealer landings by incidental swordfish permit region—three swordfish per vessel per landings data, which indicates that holders, consistent with trip; (3) U.S. Caribbean region—two sufficient directed swordfish quota § 635.27(c)(1)(i)(D) and (B). This would swordfish per vessel per trip; and, (4) should be available for the January result in a final adjusted quota of Florida Swordfish Management Area— through June 2021 semi-annual quota 3,028.2 mt dw for the directed fishery, zero swordfish per vessel per trip. The period if recent swordfish landings which would be split equally (1,514.1 default retention limits apply to trends continue. The directed swordfish mt dw) between the two semi-annual Swordfish General Commercial quota has not been fully harvested for periods in 2021 (January through June, permitted vessels and to HMS Charter/ several years and, based upon current and July through December). Headboat permitted vessels with a landing trends, is not likely to be For additional context and commercial endorsement when fishing harvested or exceeded in 2021. Based information on a related matter, NMFS on non-for-hire trips. Permitted vessels upon recent landings rates from dealer notes that earlier this year, NMFS may not possess, retain, or land any reports, an increase in the vessel published a proposed rule to modify the more swordfish than is specified for the retention limits to six fish for Swordfish North Atlantic swordfish and shark region in which the vessel is located. General Commercial permit holders and retention limits for certain permit Under § 635.24(b)(4)(iii), NMFS may Charter/Headboat permit holders with a holders and add inseason adjustment increase or decrease the Swordfish commercial endorsement (when on a authorization criteria (85 FR 23315, General Commercial permit vessel non-for-hire trip) in three regions is not April 27, 2020). Relevant to swordfish, retention limit in any region within a likely to cause quotas for other the proposed rule would modify range from zero to a maximum of six categories of the fishery to be exceeded. retention limits for highly migratory swordfish per vessel per trip. Any See § 635.24(b)(4)(iv)(C). Similarly,

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regarding the criteria about the effects of may fish for them. Public comment on of quota, increasing the Swordfish catch rates in one region precluding Amendment 8 indicated concern about General Commercial permit retention vessels in another region from having a the resultant high potential for the limits in three regions to six fish per reasonable opportunity to harvest a improper rapid growth of a commercial vessel per trip will increase the portion of the overall swordfish quota, fishery, increased catches of undersized likelihood that directed swordfish § 635.24(b)(4)(iv)(F), NMFS expects swordfish, the potential for larger landings will approach, but not exceed, there to be sufficient swordfish quota for numbers of fishermen in the area, and the available annual swordfish quota, the entirety of the 2021 fishing year. the potential for crowding of fishermen, and increase the opportunity for Thus, increased catch rates in these which could lead to gear and user catching swordfish during the 2021 three regions as a result of this action conflicts. These concerns remain valid. fishing year. would not be expected to preclude NMFS continues to collect information Monitoring and Reporting vessels in the other region (e.g., the to evaluate the appropriateness of the buoy gear fishery in the Florida retention limit in the Florida Swordfish NMFS will continue to monitor the Swordfish Management Area) from Management Area and other regional swordfish fishery closely during 2021 having a reasonable opportunity to retention limits. through mandatory landings and catch harvest a portion of the overall The directed swordfish quota has not reports. Dealers are required to submit swordfish quota. been fully harvested for several years landing reports and negative reports (if In making adjustments to the and, based upon current landing trends, no swordfish were purchased) on a retention limits, NMFS must also is not likely to be harvested or exceeded weekly basis. consider variations in seasonal during 2021. In 2020, a six swordfish Depending upon the level of fishing distribution, abundance, or migration per vessel trip limit was in effect for effort and catch rates of swordfish, patterns of swordfish, and the Swordfish General Commercial permit NMFS may determine that additional availability of swordfish on the fishing holders in the Northwest Atlantic, Gulf retention limit adjustments or closures grounds. See § 635.24(b)(4)(iv)((E) and of Mexico, and U.S. Caribbean regions are necessary to ensure that the (G). With regard to swordfish for the entire fishing season. As of available quota is not exceeded or to abundance, the 2020 report by ICCAT’s October 31, 2020, this limit resulted in enhance fishing opportunities. Standing Committee on Research and total annual directed swordfish landings Subsequent actions, if any, will be Statistics indicated that the North of approximately 760.1 mt dw, or 25.1 published in the Federal Register. In Atlantic swordfish stock is not percent of the 3,028.2-mt dw annual addition, fishermen may access https:// overfished and overfishing is not adjusted directed quota for 2020, which www.fisheries.noaa.gov/atlantic-highly- occurring. Increasing retention limits for includes landings under the six-fish trip migratory-species/atlantic-highly- the General Commercial fishery is not limit. This information indicates that migratory-species-landings-updates for expected to affect the swordfish stock sufficient directed swordfish quota updates on quota monitoring. status determination because any should be available from January 1 Classification additional landings would be within the through June 30, 2021, at the higher ICCAT-recommended U.S. North retention levels, within the limits of the NMFS issues this action pursuant to Atlantic swordfish quota allocation, scientifically-supported Total Allowable section 305(d) of the Magnuson-Stevens which is consistent with conservation Catch (TAC) and consistent with the Act. This action is required by 50 CFR and management measures to prevent goals of the 2006 Consolidated Atlantic part 635, which was issued pursuant to overfishing on the stock. Increasing HMS FMP as amended, ATCA, and the section 304(c), and is exempt from opportunities by increasing retention Magnuson-Stevens Act, and are not review under Executive Order 12866. limits from the default levels beginning expected to negatively impact stock The Assistant Administrator for on January 1, 2021, is also important health. NMFS (AA) finds that it is impracticable because of the migratory nature and Given that 2020 swordfish directed and contrary to the public interest to seasonal distribution of swordfish. In a landings will likely fall well below the provide prior notice of, and an particular geographic region, or waters available 2020 quota, and that 2021 opportunity for public comment on, this accessible from a particular port, the landings will likely follow a similar action for the following reasons: amount of fishing opportunity for trend, and in consideration of the The regulations implementing the swordfish may be constrained by the inseason regional retention limit 2006 Consolidated Atlantic HMS FMP, short amount of time that the swordfish adjustment criteria above, NMFS has as amended, provide for inseason are present in the area as they migrate. determined that the Swordfish General retention limit adjustments to respond NMFS has determined that the Commercial permit retention limits in to changes in swordfish landings, the retention limit for the Swordfish the Northwest Atlantic, Gulf of Mexico, availability of swordfish on the fishing General Commercial permit will remain and U.S. Caribbean regions applicable to grounds, the migratory nature of this at zero swordfish per vessel per trip in persons issued a Swordfish General species, and regional variations in the the Florida Swordfish Management Area Commercial permit or HMS Charter/ fishery. Based on available swordfish at this time. As described in Headboat permit with a commercial quota, stock abundance, fishery Amendment 8 to the 2006 Consolidated endorsement (when on a non-for-hire performance in recent years, and the Atlantic HMS FMP (78 FR 52011, trip) should be increased from the availability of swordfish on the fishing August 21, 2013), the area off the default levels that would otherwise grounds, among other considerations, southeastern coast of Florida, automatically become effective on adjustment to the Swordfish General particularly the Florida Straits, contains January 1, 2021, to six swordfish per Commercial permit retention limits oceanographic features that make the vessel per trip from January 1 through from the default levels of two or three area biologically unique. It provides June 31, 2021. These are the same limits fish to six swordfish per vessel per trip important juvenile swordfish habitat, that were implemented through an as discussed above is warranted, while and is essentially a narrow migratory inseason adjustment for the period July maintaining the default limit of zero- corridor containing high concentrations 1 through December 31, 2020 (85 FR fish retention in the Florida Swordfish of swordfish located in close proximity 38091, June 25, 2020). Given the rebuilt Management Area. Analysis of available to high concentrations of people who status of the stock and the availability data shows that adjustment to the

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swordfish retention limit from the DEPARTMENT OF COMMERCE overall annual quota from being fully default levels would result in minimal harvested; the transfer addresses an risk of exceeding the ICCAT-allocated National Oceanic and Atmospheric unforeseen variation or contingency in quota. Administration the fishery; and the transfer is consistent Delays in temporarily increasing these with the objectives of the FMP and the 50 CFR Part 648 Magnuson-Stevens Act. retention limits caused by the time Massachusetts is transferring 15,000 required to publish a proposed rule and [Docket No.200623–0167; RTID 0648– XA697] lb (6,804 kg) of bluefish commercial accept public comment would adversely quota to Rhode Island through mutual and unnecessarily affect those Fisheries of the Northeastern United agreement of the states. This transfer Swordfish General Commercial permit States; Atlantic Bluefish Fishery; was requested to ensure that Rhode holders and HMS Charter/Headboat Quota Transfer From MA to RI Island would not exceed its 2020 state permit holders with a commercial quota. The revised bluefish quotas for endorsement (when on a non-for-hire AGENCY: National Marine Fisheries 2020 are: Massachusetts, 170,838 lb trip) that would otherwise have an Service (NMFS), National Oceanic and (77,491 kg); and Rhode Island, 313,366 opportunity to harvest more than the Atmospheric Administration (NOAA), lb (142,140 kg). otherwise applicable lower default Commerce. Classification retention limits of three swordfish per ACTION: Notification; quota transfer. vessel per trip in the Northwest Atlantic NMFS issues this action pursuant to and Gulf of Mexico regions, and two SUMMARY: NMFS announces that the section 305(d) of the Magnuson-Stevens swordfish per vessel per trip in the U.S. Commonwealth of Massachusetts is Act. This action is required by 50 CFR transferring a portion of its 2020 Caribbean region. Limiting 648.162(e)(1)(i) through (iii), which was commercial bluefish quota to the State opportunities to harvest available issued pursuant to section 304(b), and is of Rhode Island. This quota adjustment directed swordfish quota may have exempted from review under Executive is necessary to comply with the Atlantic Order 12866. negative social and economic impacts Bluefish Fishery Management Plan Authority: 16 U.S.C. 1801 et seq. for U.S. fishermen. Adjustment of the quota transfer provisions. This retention limits needs to be effective on announcement informs the public of the Dated: December 4, 2020. January 1, 2021, to allow Swordfish revised commercial bluefish quotas for Jennifer M. Wallace, General Commercial permit holders and Massachusetts and Rhode Island. Acting Director, Office of Sustainable HMS Charter/Headboat permit holders Fisheries, National Marine Fisheries Service. DATES: Effective December 4, 2020, with a commercial endorsement (when through December 31, 2020. [FR Doc. 2020–27044 Filed 12–4–20; 4:15 pm] on a non-for-hire trip) to benefit from FOR FURTHER INFORMATION CONTACT: BILLING CODE 3510–22–P the adjustment during the relevant time Laura Hansen, Fishery Management period, which could pass by for some Specialist, (978) 281–9225. fishermen who have access to the DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: fishery during a short time period Regulations governing the Atlantic National Oceanic and Atmospheric because of seasonal fish migration, if the bluefish fishery are found in 50 CFR Administration action is delayed for notice and public 648.160 through 648.167. These comment. Furthermore, the public was regulations require annual specification 50 CFR Part 679 given an opportunity to comment on the of a commercial quota that is [Docket No. 200604–0152] underlying rulemakings, including the apportioned among the coastal states adoption of the North Atlantic from Maine through Florida. The RIN 0648–BJ35 swordfish U.S. quota, and the retention process to set the annual commercial limit adjustments in this action would quota and the percent allocated to each Fisheries of the Exclusive Economic not have any additional effects or state is described in § 648.162, and the Zone off Alaska; Modifying Seasonal impacts since the retention limit does final 2020 allocations were published Allocations of Pollock and Pacific Cod not affect the overall quota. Thus, there on June 29, 2020 (85 FR 38794). for Trawl Catcher Vessels in the would be little opportunity for The final rule implementing Central and Western Gulf of Alaska; meaningful input and review with Amendment 1 to the Bluefish Fishery Correction public comment on this action. Management Plan (FMP) published in AGENCY: National Marine Fisheries Therefore, the AA finds good cause the Federal Register on July 26, 2000 Service (NMFS), National Oceanic and under 5 U.S.C. 553(b)(B) to waive prior (65 FR 45844), and provided a Atmospheric Administration (NOAA), notice and the opportunity for public mechanism for transferring bluefish Commerce. comment. For all of the above reasons, quota from one state to another. Two or ACTION: Final rule; correction. there is also good cause under 5 U.S.C. more states, under mutual agreement 553(d) to waive the 30-day delay in and with the concurrence of the NMFS SUMMARY: NMFS is correcting a final effectiveness. Greater Atlantic Regional Administrator, rule that published in the Federal can request approval to transfer or Register on June 25, 2020, Authority: 16 U.S.C. 971 et seq. and 1801 combine bluefish commercial quota implementing Amendment 109 to the et seq. under § 648.162(e)(1)(i) through (iii). Fishery Management Plan for Dated: December 1, 2020. The Regional Administrator must Groundfish of the Gulf of Alaska (GOA Jennifer M. Wallace, approve any such transfer based on the FMP) and a regulatory amendment to Acting Director, Office of Sustainable criteria in § 648.162(e). In evaluating the regulations governing pollock Fisheries, National Marine Fisheries Service. requests to transfer a quota or combine fishing in the Gulf of Alaska (GOA). The quotas, the Regional Administrator shall final rule’s intent as to Pacific cod was [FR Doc. 2020–26796 Filed 12–8–20; 8:45 am] consider whether: The transfer or to change the seasonal apportionments BILLING CODE 3510–22–P combinations would preclude the of Pacific cod for the trawl catcher

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