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Federal Register / Vol. 86, No. 86 / Thursday, May 6, 2021 / Rules and Regulations
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and tag-and-release programs at 635.26. Anglers are also reminded that all BFT that are released must be handled in a manner that will maximize survival, and without removing the fish from the water, consistent with requirements at 635.21a1. For additional information on safe handling, see the Careful Catch and Release brochure available at https
www.fisheries.noaa.gov/resource/
outreach-and-education/careful-catchand-release-brochure.
HMS Angling category and HMS
Charter/Headboat permitted vessel owners are required to report the catch of all BFT retained or discarded dead, within 24 hours of the landings or end of each trip, by accessing hmspermits.noaa.gov, using the HMS
Catch Reporting app, or calling 888
8728862 Monday through Friday from 8 a.m. until 4:30 p.m..
Classification NMFS issues this action pursuant to section 305d of the Magnuson-Stevens Act. This action is consistent with regulations at 50 CFR part 635, which were issued pursuant to section 304c of the Magnuson-Stevens Act and the Atlantic Tunas Convention Act, and is exempt from review under Executive Order 12866.
The Assistant Administrator for NMFS AA finds that it is impracticable and contrary to the public interest to provide prior notice of, and an opportunity for public comment on, this action for the following reasons: The regulations implementing the 2006
Consolidated HMS FMP and amendments provide for inseason retention limit adjustments and fishery closures to respond to the unpredictable nature of BFT availability on the fishing grounds, the migratory nature of this species, and the regional variations in the BFT fishery. The closure of the Angling category Gulf of Mexico incidental trophy fishery is necessary to prevent any further overharvest of the Gulf of Mexico incidental trophy subquota. NMFS provides notification of closures by publishing the notice in the Federal Register, emailing individuals who have subscribed to the Atlantic HMS News electronic newsletter, and updating the information posted on the Atlantic Tunas Information Line and on hmspermits.noaa.gov.
These fisheries are currently underway, and delaying this action would be contrary to the public interest as it could result in excessive trophy BFT landings that may result in future potential quota reductions for the Angling category, depending on the
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magnitude of a potential Angling category overharvest. NMFS must close the Gulf of Mexico incidental trophy BFT fishery before additional landings of these sizes of BFT occur. Therefore, the AA finds good cause under 5 U.S.C.
553bB to waive prior notice and the opportunity for public comment. For all of the above reasons, there is good cause under 5 U.S.C. 553d to waive the 30day delay in effectiveness.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: May 3, 2021.
Kelly Denit, Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
FR Doc. 202109614 Filed 5321; 4:15 pm BILLING CODE 351022P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 648
Docket No. 2105030094
RIN 0648BK32

Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder Fishery; Fishing Year 2021
National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Final rule.
AGENCY:

NMFS announces management measures for the 2021
summer flounder recreational fishery.
The implementing regulations for this fishery require NMFS to publish recreational measures for the fishing year. The intent of this action is to achieve, but not exceed, the 2021
summer flounder recreational harvest limit and thereby prevent overfishing on the summer flounder stock.
DATES: This rule is effective May 5, 2021.
SUMMARY:

FOR FURTHER INFORMATION CONTACT:

Emily Keiley, Fishery Policy Analyst, 978 2819116.
SUPPLEMENTARY INFORMATION: The MidAtlantic Fishery Management Council and the Atlantic States Marine Fisheries Commission jointly manage summer flounder. The Council and Commissions Summer Flounder Management Board meet jointly each year to recommend recreational management measures for summer flounder.

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In this final rule, NMFS is implementing conservation equivalency to manage the 2021 summer flounder recreational fishery, as proposed on April 6, 2021 86 FR 17764. The approval of conservation equivalency means that we are waiving Federal summer flounder recreational measures in Federal waters for all federally permitted summer flounder party/
charter vessels, regardless of where they fish. States, through the Commission, are collectively implementing measures designed to constrain landings to the 2021 recreational harvest limit. Vessels fishing in Federal waters and Federal party/charter vessels are subject to the regulations in the state they land. These measures are consistent with the recommendations of the Council and the Commission. Additional information on the development of these measures is provided in the proposed rule and not repeated here.
Conservation equivalency, as established by Framework Adjustment 2
66 FR 36208; July 11, 2001, allows each state to establish its own recreational management measures possession limits, fish size, and fishing seasons to achieve its state harvest limit established by the Commission from the coastwide recreational harvest limit, as long as the combined effect of all of the states management measures achieves the same level of conservation as Federal coastwide measures. Framework Adjustment 6 71 FR 42315; July 26, 2006 allows states to form regions for conservation equivalency in order to minimize differences in regulations for anglers fishing in adjacent waters.
Similar to the 20162020 program, the 2021 management program adopted by the Commission divides the recreational fishery into six management regions: 1
Massachusetts; 2 Rhode Island; 3
Connecticut-New York; 4 New Jersey;
5 Delaware-Virginia; and 6 North Carolina. Each state within a region must implement identical or equivalent measures fish size, bag limit, and fishing season length, and the combination of those measures must be sufficient to achieve, but not exceed, the recreational harvest limit.
Based on the Commissions recommendation, we find that the 2021
recreational fishing measures required to be implemented in state waters are, collectively, the conservation equivalent of the season, fish size, and possession limit prescribed in 50 CFR 648.104b, 648.105, and 648.106a. According to 648.107a1, vessels subject to the recreational fishing measures are not subject to Federal measures, and instead are subject to the recreational fishing measures implemented by the state in
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