Federal Register / Vol. 85, No. 240 / Monday, December 14, 2020 / Rules and Regulations 80661

Issued in Washington, DC. Office, 55 Great Republic Drive, Approved Measures Quintin C. Kendall, Gloucester, MA 01930. State Commercial Allocations Deputy Administrator, Federal Railroad FOR FURTHER INFORMATION CONTACT: Administration. Emily Keiley, Fishery Policy Analyst, Amendment 21 changes the state-by- [FR Doc. 2020–26064 Filed 12–11–20; 8:45 am] (978) 281–9116. state commercial quota allocations for BILLING CODE 4910–06–P summer flounder when the coastwide SUPPLEMENTARY INFORMATION: quota exceeds 9.55 million lb (4,332 Background mt). When the coastwide quota is 9.55 DEPARTMENT OF COMMERCE million lb (4,332 mt) or less, the quota The Mid-Atlantic Fishery will be distributed according to the National Oceanic and Atmospheric Management Council and the Atlantic current allocation percentages. In years Administration States Marine Fisheries Commission when the coastwide quota exceeds 9.55 cooperatively manage summer flounder million lb (4,332 mt), any additional 50 CFR Part 648 under the provisions of the Summer quota, beyond this threshold, will be [Docket No.: 201207–0328] Flounder, Scup, and Black Sea Bass distributed in equal shares to all states Fishery Management Plan (FMP). The except Maine, Delaware, and New RIN 0648–BJ18 joint FMP became effective in 1988, Hampshire, which would split 1 percent Magnuson-Stevens Fishery establishing measures to manage of the additional quota. The Council and Conservation and Management Act summer flounder fisheries. Summer Board selected this allocation Provisions; Fisheries of the flounder is an important commercial alternative to balance preservation of Northeastern United States; and recreational species. Currently, 60 historical state access and infrastructure Amendment 21 to the Summer percent of the total allowable landings at recent quota levels, while providing Flounder, Scup, and Black Sea Bass limit (TAL) is allocated to the equitability among states when the stock Fishery Management Plan commercial fishery (coastwide annual and quota are at high levels. commercial quota), with the remaining AGENCY: National Marine Fisheries 40 percent allocated to the recreational TABLE 1—APPROVED STATE-BY-STATE Service (NMFS), National Oceanic and fishery. Available quotas are fully SUMMER FLOUNDER QUOTA ALLO- Atmospheric Administration (NOAA), utilized by both sectors in most fishing CATIONS Commerce. years. The coastwide annual ACTION: Final rule. commercial quota is allocated to each of Allocation Allocation the states in the management unit of baseline of additional SUMMARY: This action implements (Maine-North Carolina) on a percentage quota quota beyond approved measures for the Mid-Atlantic basis. The existing commercial state-by- State ≤9.55 mil lb 9.55 mil lb Fishery Management Council’s state allocations were last modified in (4,332 (4,332 Amendment 21 to the Summer metric tons) metric tons) 1993. (percent) (percent) Flounder, Scup, and Black Sea Bass Fishery Management Plan. This rule Amendment 21 was approved by the Council and Commission in March ME ...... 0.04756 0.333 changes the summer flounder NH ...... 0.00046 0.333 commercial state quota allocation 2019. A notice of availability (NOA) for the amendment published in the MA ...... 6.82046 12.375 system and fishery management plan RI ...... 15.68298 12.375 Federal Register on July 29, 2020 (85 FR goals and objectives. This action is CT ...... 2.25708 12.375 45571), with a comment period ending intended to increase equity in state NY ...... 7.64699 12.375 allocations when annual coastwide on September 28, 2020. We published a NJ ...... 16.72499 12.375 commercial quotas are at or above proposed rule in the Federal Register on DE ...... 0.01779 0.333 historical averages, while recognizing August 12, 2020 (85 FR 48660), with a MD ...... 2.03910 12.375 the economic reliance coastal comment period ending on September VA ...... 21.31676 12.375 communities have on the state 11, 2020. NC ...... 27.44584 12.375 allocation percentages currently in The Magnuson-Stevens Fishery place. Conservation and Management Act Total ... 100 100 DATES: Effective January 1, 2021. (Magnuson-Stevens Act) allows us to ADDRESSES: Copies of Amendment 21, approve, partially approve, or Concurrent to this action we are including the Environmental Impact disapprove measures recommended by considering changes to the 2021 Statement, the Regulatory Impact the Council in an amendment based on specifications for summer flounder, Review, and the Initial Regulatory whether the measures are consistent scup, and black sea bass (85 FR 73253; Flexibility Analysis (EIS/RIR/IRFA) with the fishery management plan, plan November 17, 2020). If the revised 2021 prepared in support of this action are amendment, the Magnuson-Stevens Act summer flounder acceptable biological available from Dr. Christopher M. and its National Standards, and other catch and corresponding specifications Moore, Executive Director, Mid-Atlantic applicable law. After considering public are approved, state allocations of Fishery Management Council, Suite 201, comment on the NOA and proposed summer flounder would be initially 800 North State Street, Dover, DE 19901. rule, we approved Amendment 21 on distributed as shown in Table 2. Final The supporting documents are also October 19, 2020. This rule implements 2021 allocations, which will take into accessible via the internet at: http:// the management measures in account any 2019 or 2020 overages www.mafmc.org. Amendment 21. The details of the through October 31, 2020, will be A copy of the Record of Decision development of the measures in provided in the final rule establishing (ROD) for the Final EIS (FEIS) can be Amendment 21 were described in the the 2021 specifications. obtained from the NOAA Fisheries NOA and proposed rule, and are not Greater Atlantic Regional Fisheries repeated here.

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TABLE 2—INITIAL 2021 SUMMER Amendment 21. Similar to arguments future commercial summer flounder FLOUNDER STATE-BY-STATE QUOTAS made in ongoing and past litigation and catch limits to 9.55 million lb (4,332 its comments on the Draft EIS, New mt). This is the threshold level for the Initial 2021 Initial 2021 York contends that the revised change in the allocation formula. quotas * quotas * allocations and resulting quotas are not Comment 3: One comment on the State amendment 21 amendment 21 in accordance with Magnuson-Stevens NOA supported the approval of allocations allocations (lb) (mt) Act’s National Standards 2, 4, 5, and 7. Amendment 21. Specifically, this See comments 5–7, below, for more commenter supported the Council’s ME ...... 14,342 6.51 information. updates to the management objectives. NH ...... 9,844 4.47 Two comments on the proposed rule This commenter also supported the MA ...... 1,015,179 460.48 were not relevant to the proposed allocation change because it adapts to RI ...... 1,861,550 844.38 measures. One of these comments was changing population levels. CT ...... 579,376 262.80 related to the allocation split between Response 3: We agree and have NY ...... 1,094,113 496.28 the commercial and recreational sectors, approved Amendment 21. NJ ...... 1,961,062 889.52 Comment 4: One commenter asked DE ...... 11,499 5.22 and the perceived inequity of current MD ...... 558,559 253.36 recreational management. These issues why Maine, Delaware, and New VA ...... 2,399,576 1,088.43 are currently being considered by the Hampshire do not get distributed shares NC ...... 2,984,903 1,353.93 Council and Commission in a separate of the excess quota. joint action to address commercial/ Response 4: Under this amendment, Total ... 12,490,000 5,665.37 recreational sector allocations. The Maine, Delaware, and New Hampshire * Initial quotas do not account for any pre- other comment, from a member of the do get distributed additional shares of vious overages. public, stated that the total quota should commercial summer flounder quota. be reduced below 9.5 million lb (4,332 The distribution of the baseline 9.55 Revised Summer Flounder FMP Goals mt), to 6.5 million lb (2,971 mt) because million lb (4,332 mt) quota remains and Objectives the current quota levels are unchanged by this action. In years when The original FMP objectives were unsustainable. Amendment 21, as an the coastwide quota exceeds 9.55 adopted via Amendment 2 to the action, does not set summer flounder million lb (4,332 mt), any additional Summer Flounder FMP in 1993 and quotas. However, the process used to set quota beyond this threshold will be have remained unchanged since that quotas does so in a manner that ensures distributed in equal shares to all states time. Amendment 21 revises the FMP that catch levels are sustainable and except Maine, Delaware, and New goals and objectives. The FMP overfishing is prevented. These Hampshire, which would split 1 percent previously contained only management comments were not related to the of the additional quota. These states objectives, while the revision contains proposed commercial state allocation receive a smaller portion of the three overarching goals linked to more changes or management objective additional quota because they have a specific objectives. The goals are: (1) revisions, and, therefore, are not very limited fishery for summer Ensuring sustainability of both the discussed further. flounder. To date, Maine and New summer flounder stock and fishery; (2) Comment 1: An industry group in Hampshire have no reported increasing the effectiveness of Rhode Island commented on the commercial summer flounder landings management measures through proposed rule in support of the in 2020, and none for the 2019 fishing partnerships, enforcement, and data proposed allocation changes because the year. Delaware also has no reported collection; and, (3) optimization of the revised allocations allow states to keep 2020 landings, and 2019 landings were social and economic benefits from the their existing shares of summer less than 1,300 lb (0.59 mt). summer flounder stock. Additional flounder, which they greatly depend on, Comment 5: New York contends that information on these changes can be but also provide those states allocated a the revised allocation system in the found in the Amendment 21 FEIS. lower quota with an increased share amendment is inconsistent with National Standard 2 because it is not Comments and Responses when the summer flounder quota reaches the threshold. based upon the best scientific We received seven comment letters on Response 1: We agree and have information available. Specifically, New the NOA and the proposed rule. Four approved the Council’s proposed York states that it is not based on comments were received on the allocation changes. The Council and current, reliable information about the proposed rule and three comments were Board selected the approved approach summer flounder fishery; the received on the NOA. The state of New to balance the historical distribution of continuation of the 1993 formula is York and the New York Department of allocations with the need to equitably based upon flawed, outdated Environmental Conservation jointly provide additional quota to states with information from the 1980s; and the submitted the same comment in lower quotas when summer flounder is amendment’s proposed method to response to the proposed rule and NOA abundant. evenly distribute excess landings (hereinafter referenced as ‘‘New York’’), Comment 2: One comment on the appears to be based upon no scientific resulting in six unique comments on the NOA supported the approval of information whatsoever. proposed rule and NOA. Three Amendment 21. This commenter also Response 5: We disagree with New comments, one from an industry group misunderstood the proposed measures, York’s position that the current and the in Rhode Island and two from members and stated support for 9.55 million lb revised allocation approaches are not of the public, supported the revised (4,332 mt) cap on summer flounder based on relevant data sources or the allocation system. The only comment catch. best available scientific information. that did not support approval of the Response 2: We agree with this The 1980–1989 landings data used in revised allocation system was from New commenter’s support of Amendment 21 the base allocation formula represent York. The comment submitted by New and have approved the amendment as the best scientific information available York consisted of a letter and nine recommended by the Council and for commercial landings, by state, from supporting attachments, which Commission. However, we note that that time period, which was prior to ultimately requested that we disapprove Amendment 21 does not constrain imposing state-based allocations.

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Landings since 1993 have been fleets targeting summer flounder that are 2014–2018 and 2009–2018. The constrained by the allocation formulas, closer to the center of biomass, it would proposed 2021 quota is higher than the so more recent data would simply also disadvantage states with 2020 quota, at 12.49 million lb (5,665 reflect the same percentages as the traditionally more long-distance fleets mt). 1980–1989 data or would be skewed and fleets historically dependent on Comment 7: New York contends that toward states that exceeded their quota summer flounder by reducing their the revised allocation is inconsistent allocations. The 1980–1989 base years allocation. While National Standard 5 with National Standard 4 because it were originally selected because they directs that management measures would allocate fishing privileges in the represented a period of relatively should consider efficiency in the commercial summer flounder fishery unrestricted fishing effort and, therefore, utilization of fishery resources when between the states in a manner that is could serve as a proxy for state level practicable, the NMFS National neither fair and equitable, reasonably effort and interest in the fishery absent Standard 5 Guidelines recognize that calculated to promote conservation, nor management controls. pure efficiency considerations should carried out in a manner to prevent any New York has long asserted that a not prevent the attainment of other entity from acquiring an excessive different accounting method (i.e., a ‘‘box social or biological objectives. 50 CFR share. Specifically, New York states that method’’ rather than weigh-out data) 600.330(b)(2)(ii). Of relevance here, ‘‘. . . the outdated 1993 Allocation was used for tracking New York’s National Standard 8 directs that regime is unfair to fishermen and other landings during the 1980s, and that this management measures take into account market participants in New York, to the method would account for a higher level the importance of fishery resources to benefit of fishermen and other market of landings than shown in current fishing communities to allow for the participants in North Carolina and dealer data. However, despite numerous sustained participation of such Virginia, without any rational opportunities to provide this communities. 50 CFR 600.345. conservation basis. The Proposed information, it appears that records of Substantial reductions in allocation, Amendment would substantially retain these alternative landings do not exist or resulting in quotas below historical this model with only incremental relief are not readily available for review, and averages for states that have historically for New York in abundant years, making it is not clear that these data would be depended on the summer flounder it inconsistent with Magnuson Standard comparable to existing landings data if fishery would increase their operation 4.’’ they were available. costs, and the cost of the infrastructure Response 7: The new allocation was More recently, New York has claimed relative to the value of the fishery specifically developed to balance that its summer flounder fishery during overall. Along the coast, there is historical allocations and access with that period was infiltrated by organized substantial variability in the mobility of equitability across states. When the quota is above the threshold the crime, resulting in unreported landings each state’s fleet, the traditional areas of and making it impossible to to collect remaining quota is distributed equally operation for each state’s fleet, the accurate landings information in New to all states (with the exception of targeted species of each state’s fleet, and York for that timeframe. Maine, New Hampshire and Delaware). economic dependence on summer After the initial state allocations were New York’s comments suggest that a flounder within each state. The Council developed, Connecticut made similar significant portion of the quota should selected the proposed allocation arguments about inaccuracies in have been reallocated to New York, due formula to balance preservation of landings data and was able to document to the stock distribution and resulting historical state access and infrastructure the higher levels of landings in that fishery dynamics. While this type of at recent quota levels, with the intent to state. As a result, the Council revised reallocation scheme would have been Connecticut’s allocation through provide equitability among states when favorable for New York fishermen, it Amendment 4 to the FMP. In contrast, the stock and quota are at higher levels. would have disadvantaged other states New York has not presented any We disagree that the revised that have a historical dependence on additional basis for similar adjustments allocation formula does not address the this fishery. The National Standard 4 to its historical landings data and, in shift in stock distribution. While the Guidelines specifically state that the fact, has suggested that there is not a formula is not based on the biomass Council should consider other factors way to gather more accurate data for distribution, it does generally reduce the relevant to the FMP’s objectives, New York landings during that proportion of quota for states at the including the dependence on the fishery timeframe. southern end of summer flounder by present participants and coastal Comment 6: New York contends that distribution (North Carolina, Virginia, communities when considering the revised allocation system should be and New Jersey) and increase allocation allocation changes. based on recent trends in the for many northern states, including New Additionally, according to the distribution of summer flounder, and York, reflecting the shift of the center of Guidelines, an allocation of fishing that because the revised allocation does summer flounder biomass. Increased privileges should be rationally not address the shift in stock allocations during years with higher connected to the achievement of distribution, the resulting allocation is biomass levels, may allow these states to optimal yield (OY) or with the not fair or efficient and results in liberalize management measures, such furtherance of a legitimate FMP excessive costs for New York fishermen, as possession limits, increasing the objective. Inherent in an allocation is contrary to National Standard 5. efficiency of vessels landing in their the advantaging of one group to the Response 6: The Council and Board ports. Had the revised allocation detriment of another. The motive for did consider revising allocations based formula been used when setting 2020 making a particular allocation should be on recent summer flounder stock state-by-state quotas, New York’s quota justified in terms of the objectives of the distribution information (alternative would have been 10.61 percent higher FMP; otherwise, the disadvantaged user 2B), but ultimately did not select that than under status quo allocations. While groups or individuals would suffer alternative. While a reallocation scheme there is no guarantee that summer without cause. Objective 3.1 of the FMP based only on proximity to the center of flounder quotas will remain above 9.55 states that reasonable access to the summer flounder biomass might allow million lb (4,332 mt), the trigger was fishery throughout the management unit for more efficient access for states with based on the average of quotas from should be provided and that fishery

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allocations and other management compared to the status quo. When the quotas is required prior to the start of measures should balance stock biomass is high, as it is currently, the fishing year, by December 31. responsiveness to changing social, quota above 9.55 million lb (4,332 mt) Amendment 21 has already been economic, and ecological conditions is distributed evenly to states with an approved (October 19, 2020), and this with historic and current importance to active summer flounder fishery, final rule must be effective as soon as various user groups and communities. including New York. This results in a possible to enable the use of the new By balancing between historic shift of quota from states with allocation formula in the 2021 summer participants from southern states and historically higher quotas to northern flounder specifications. If this rule were New York’s desire for increased quota states such as New York, Connecticut, not effective prior to the start of the based on shifts in summer flounder and Massachusetts. These states receive fishing year, the resulting mid-year distribution Amendment 21 reflects this additional access to the stock when it is change to the allocations and state objective of the FMP. healthy, which should increase the quotas would cause unnecessary harm New York also contends that the new economic and social benefits to these to the fishery and would be contrary to allocation will not prevent excessive communities without unfairly the public interest. Based on historic shares from being accumulated. disadvantaging states and communities participation and harvest patterns, the Specifically New York states that ‘‘. . . that have historically relied on the summer flounder fishery is expected to the Proposed Amendment would quota. be very active at the start of the fishing provide the fishing industries in North season in 2021. If this rule is not Changes From the Proposed Rule Carolina and Virginia an excessive share effective on January 1 and interim of fishing privileges.’’ The National There are no changes to the measures specifications go into effect, it would Standard 4 Guidelines state that ‘‘an from the proposed rule. create unnecessary challenges for allocation scheme must be designed to Classification individual states when setting deter any person or other entity from commercial possession and/or trip acquiring an excessive share of fishing Pursuant to section 304(b)(3) of the limits, which apportion the catch over privileges, and to avoid creating Magnuson-Stevens Act, the NMFS the entire calendar year. Moreover, if conditions fostering inordinate control, Assistant Administrator has determined the current formula were used to by buyers or sellers, that would not that this final rule is consistent with the develop the state quotas at the otherwise exist.’’ 50 CFR Summer Flounder, Scup, and Black Sea beginning of the year, there is the 600.235(c)(3)(iii) (emphasis added). The Bass FMP, other provisions of the potential for a ‘‘race to fish’’ for states new allocation formula will, in years Magnuson-Stevens Act, and other whose quotas would be lower using the when the quota exceeds 9.55 million lb applicable law. new formulas, which could ultimately (4,332 mt), reduce the proportion of For the reasons discussed below, the result in landings overages. quota that both North Carolina and Assistant Administrator for Fisheries Furthermore, the revised allocation Virginia will receive, compared to the finds that the need to implement these formula is intended to create a more status quo. Approval of the new measures in a timely manner constitutes equitable distribution of quota and allocation formula does not, in fact, good cause, under the authority provide relief for states that have had increase these states’ quota shares in a contained in 5 U.S.C. 553(d)(3), to waive lower quotas relative to their fleet’s manner that would not otherwise exist. the 30-day delay in effective date of this reliance on the summer flounder fishery Moreover, state landings quotas do not action. This action implements a new in recent years. result in excessive shares in the summer state-by-state allocation formula for the The 30-day delay in implementation flounder fishery. The concept of commercial summer flounder fishery, of this rule is also unnecessary because excessive shares refers to individuals which should be effective by the start of this rule contains no new measures (e.g., and/or corporations having market the summer flounder fishing year on requiring new nets or equipment) for control. This Amendment revises the January 1, 2021. which regulated entities need time to allocation of landings among the states. This rule is being issued at the earliest prepare or revise their current practices. Within and among the states there are possible date. Preparation of the The Council prepared a FEIS for this hundreds of Federal and state permitted proposed rule was dependent on the FMP amendment. The FEIS was filed vessels in the fishery, which prevents submission of the FEIS, in support of with the Environmental Protection any individual from exercising market the Amendment, that is developed by Agency on July 23, 2020. A notice of power in a manner that would be the Council. An initial draft was availability was published on July 31, considered an excessive share. received by NMFS in March 2020, and 2020 (85 FR 46094). In approving the National Standard 4 guidelines state a final draft was submitted in May 2020. FMP amendment on October 19, 2020, that allocations should be reasonably A NOA for the FEIS was prepared for NMFS issued a ROD identifying the calculated to promote conservation. Amendment 21, as required by the selected alternative. A copy of the ROD Numerous methods of allocating fishing National Environmental Policy Act, and is available from NMFS (see privileges can be considered published on July 31, 2020 (85 FR ADDRESSES). ‘‘conservation and management’’ 46094) with a comment period ending This final rule has been determined to measures under section 303 of the on August 31, 2020. In addition, as be not significant for purposes of Magnuson-Stevens Act. State allocations required by the Magnuson-Stevens Act, Executive Order 12866. promote conservation by reducing the an NOA for Amendment 21 published This final rule is not an Executive potential for a ‘‘race to fish’’ that can on July 29, 2020 (85 FR 45571), with a Order 13771 regulatory action because result from coastwide allocations, comment period ending on September this action is not significant under allowing for a more orderly prosecution 28, 2020. A proposed rule was Executive Order 12866. of the fishery through management at published on August 12, 2020 (85 FR A final regulatory flexibility analysis the state landings level. Inherent in such 48660), with a comment period ending (FRFA) was prepared for this action. a state allocation system is a division of on September 11, 2020. The FRFA incorporates the IRFA and a the quota among the states. The new The summer flounder fishery operates summary of the analyses completed to allocation formula is designed to on the calendar year. Annual support the action. NMFS did not provide equitable access to the resource publication of the summer flounder receive any comments that were

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specifically in response to the IRFA. small and large businesses, which may The analysis was conducted assuming The FRFA incorporates sections of the be affected by this action. Based on this full utilization of the 2020 commercial preamble (SUPPLEMENTARY INFORMATION) grouping, a total of 607 affiliates quota of 11.53 million lb (5,230 mt). and analyses supporting this reported revenues from commercial Results indicate that the proposed rulemaking, including the Amendment summer flounder landings during the action of a quota reallocation threshold 21 EIS (see ADDRESSES). A description of 2016–2018 period, with 601 of those of 9.55 million lb (4,332 mt) increases the action, why it is being considered, business affiliates categorized as small fleetwide revenue by $400,000 relative and the objectives of and the legal basis businesses and 6 categorized as large to No Action, and ex-vessel price by for this rule are contained in the businesses. $0.04 per pound relative to No Action. supplemental information report and The proposed action is estimated to Description of the Projected Reporting, preamble to the proposed rule, and are yield a decrease in fishery-wide revenue Record-Keeping, and Other Compliance not repeated here. of $150,000 as compared to the quota Requirements of This Rule reallocation threshold of 8.4 million lb A Summary of the Significant Issues There are no reporting, recordkeeping, (3,810 mt) (Alternative 2C–1). This Raised by the Public in Response to the or other compliance requirements. slight decrease in revenue under the IRFA, a Summary of the Agency’s proposed action, relative to the highest Assessment of Such Issues, and a Federal Rules Which May Duplicate, revenue-generating alternative, is not Statement of Any Changes Made in the Overlap, or Conflict With This Rule expected to disproportionately impact Final Rule as a Result of Such The action does not duplicate, small entities. Comments overlap, or conflict with other Federal Additional alternatives, 2B and 2D, Our responses to all of the comments rules. were considered but not recommended received on the proposed rule, Description of Significant Alternatives by the Council. Alternatives 2B and 2D including those that raised significant to the Rule Which Accomplish the had more negative impacts on small issues with the proposed action can be Stated Objectives of Applicable Statutes businesses than the selected alternative. found in the Comments and Responses and Which Minimize Any Significant Alternative 2B considered revisions to section of this rule. In the proposed Economic Impact on Small Entities the quota allocation based on recent rule, we solicited comments on a summer flounder biomass distribution, revised allocation formula for The approved measures (i.e., the suite while alternative 2D (the ‘‘scup distributing commercial summer of preferred alternatives) includes model’’), considered a significant flounder quota to states, and updated implementation of revised commercial change in summer flounder FMP goals and objectives. The majority quota allocation system for the summer management by creating a winter season of comments supported the proposed flounder fishery. Specifically, this that was open to any vessel with a measures. There were no comments that action creates state allocations that vary summer flounder permit. specifically addressed the IRFA. with overall stock abundance. For all Compared to the other allocation years when the annual commercial alternatives, the impacts of alternative Description and Estimate of the Number quota is at or below 9.55 million lb 2D are the most difficult to determine, of Small Entities to Which This Rule (4,332 mt), the state allocations will as this alternative is associated with the Would Apply remain status quo. In years when the highest uncertainty regarding impacts The entities (i.e., the small and large annual coastwide quota exceeds this on vessel participation, fishing effort, businesses) that may be affected by this trigger, the first 9.55 million lb (4,332 landings patterns, and market action include fishing operations with mt) will be distributed according to responses. Relative to alternative 2A, summer flounder moratorium status quo allocations, and the alternative 2D is expected to have a (commercial) permits. The recreational additional quota, beyond 9.55 million lb higher magnitude of positive or negative fishery is not impacted by this action, (4,332 mt), will be distributed by equal impacts to states and businesses, due to and therefore entities with recreational shares (with the exception of Maine, the substantial change in the party/charter permits are not considered New Hampshire, and Delaware, which management system that will benefit here, nor are private recreational anglers would split 1 percent of the additional some and negatively impact others. which are not considered ‘‘entities’’ quota). Shoreside communities would also be under the Regulatory Flexibility Act Additional non-preferred alternatives impacted by alternative 2D. Many states (RFA). For RFA purposes only, NMFS were also considered. For the purposes have invested heavily in shoreside established a small business size of the RFA, only the preferred infrastructure to support their fleets. standard for businesses, including their alternatives and those non-preferred Under alternative 2D, the distribution of affiliates, whose primary industry is alternatives which would minimize landings in the winter would be driven commercial fishing (50 CFR 200.2). A negative impacts to small businesses are more by vessel preference and market business primarily engaged in required to be considered. Economic factors, which would positively impact commercial fishing is classified as a impacts would vary by state and some shoreside businesses and small business if it is independently community under all alternatives, but negatively impact others. owned and operated, is not dominant in alternatives 2A (status quo) and Alternative 2B would shift quota its field of operation (including its alternatives 2C (the preferred allocation from the Southern region of affiliates), and has combined annual alternative) are likely to have fewer the management unit (North Carolina receipts not in excess of $11 million, for negative impacts overall compared to through New Jersey) to the Northern all its affiliated operations worldwide. other alternatives. Therefore, the region (New York through Maine). Vessel ownership data were used to preferred alternative (2C) is compared to Compared to alternative 2C, alternative identify all individuals who own the status quo (alternative 2A) in the 2B is more likely to have a higher commercial fishing vessels. Vessels quantitative analysis. Although not magnitude of positive or negative were then grouped according to required, we also provide a brief impacts (depending on the state), as common owners. The resulting summary of the relative impacts of the allocation changes would be groupings were then treated as entities, two additional non-preferred options permanently revised from status quo, or affiliates, for purposes of identifying (2B and 2D). while under 2C there is the potential for

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status quo allocation. Additionally, under the Paperwork Reduction Act of be distributed to the states, based upon option 2C has a higher likelihood of 1995. the following percentages (state costs and benefits being shared more List of Subjects in 50 CFR Part 648 followed by percent share in equally over time as the quota fluctuates parenthesis): Maine (0.04756); New above and below the trigger point. Fisheries, Fishing, Reporting and Hampshire (0.00046); Massachusetts Section 212 of the Small Business recordkeeping requirements. (6.82046); Rhode Island (15.68298); Regulatory Enforcement Fairness Act of Dated: December 7, 2020. Connecticut (2.25708); New York 1996 states that, for each rule or group Samuel D. Rauch III, (7.64699); New Jersey (16.72499); of related rules for which an agency is Delaware (0.01779); Maryland (2.03910); required to prepare a FRFA, the agency Deputy Assistant Administrator for Regulatory Programs, National Marine Virginia (21.31676); and North Carolina shall publish one or more guides to Fisheries Service. assist small entities in complying with (27.44584). the rule, and shall designate such For the reasons set out in the (ii) For years when the annual publications as ‘‘small entity preamble, 50 CFR part 648 is amended commercial quota is greater than compliance guides.’’ The agency shall as follows: 9,550,000 lb (4,332 mt), the quota up to explain the actions a small entity is this amount will be distributed as required to take to comply with a rule PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES outlined in paragraph (c)(1)(i) of this or group of rules. As part of this section, and the additional quota above rulemaking process, a fishery bulletin ■ 1. The authority citation for part 648 9,550,000 lb (4,332 mt) will be that serves as a small entity compliance continues to read as follows: distributed based upon the following guide was prepared. Copies of this final Authority: 16 U.S.C. 1801 et seq. percentages (state followed by percent rule are available from the Greater share in parenthesis): Maine (0.333); Atlantic Regional Fisheries Office ■ 2. In § 648.102, paragraph (c)(1) is New Hampshire (0.333); Massachusetts (GARFO) (see ADDRESSES), and fishery revised to read as follows: (12.375); Rhode Island (12.375); bulletin (i.e., compliance guide) will be Connecticut (12.375); New York sent to all holders of commercial § 648.102 Summer flounder specifications. (12.375); New Jersey (12.375); Delaware permits for the summer flounder * * * * * (0.333); Maryland (12.375); Virginia fishery. The fishery bulletin and this (c) * * * final rule will be posted on the GARFO (1) Distribution of annual commercial (12.375); and North Carolina (12.375). website. quota. (i) For years when the annual * * * * * This final rule contains no commercial quota is at or below [FR Doc. 2020–27193 Filed 12–11–20; 8:45 am] information collection requirements 9,550,000 lb (4,332 mt), the quota will BILLING CODE 3510–22–P

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