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Federal Register / Vol. 86, No. 95 / Wednesday, May 19, 2021 / Rules and Regulations
TABLE 1SUMMARY OF BENEFITS, COSTS AND TRANSFERS OF INTERIM FINAL RULE IN MILLIONS OF $ 2020Continued
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Category
Estimate
Units
Monetized ..

0

2020$, mil.

Quantified

0

Lbs, mil.

Qualitative ..

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996 the Congressional Review Act or CRA, 5 U.S.C. 801808, the Office of Information and Regulatory Affairs has determined that this is a major rule. See 5 U.S.C. 8042. The CRAs 60-day delay in the effective date for major rules is not applicable, however, because this rule establishes a regulatory program for a commercial activity related to fishing. See 5 U.S.C.
8081.
The Assistant Administrator for Fisheries has determined that it is contrary to the public interest to provide for prior notice for this action. It is necessary to implement the measures of this rule in an expedited manner to achieve conservation objectives for the scallop fishery and certain fish stocks.
Similarly, the need to implement these measures in a timely manner constitutes good cause, under authority contained in 5 U.S.C. 553d3, to waive the 30day delay in the date of effectiveness and to make Framework 33 measures effective as soon as possible.
In the summer of 2020, due to the COVID19 global pandemic, certain of the annual scallop surveys were delayed while others were canceled. Because of this, the Council had to delay final action on Scallop Framework 33 until its January 2021 meeting. The 2021
scallop fishing year began on April 1, 2021, and NMFS was unable to approve and implement final Framework 33
measures for the start of the fishing year.
On April 1, default specifications went into place for the scallop fishery.
Framework 32 set fishing year 2021
default specifications that were intentionally conservative.
Because most of the default specifications are more conservative than those that would be implemented in Framework 33, delaying the implementation of this action to allow prior notice and opportunity for public comment or a 30-day delay in effective date would be contrary to the public interest because it would cause the scallop fleet to lose the positive economic benefits of immediate implementation and could also negatively impact the access area rotation program by delaying fishing in
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No intra-industry transfers are predicted under the Proposed Action.

access areas that should be available.
There is good cause to immediately implement the rule rather than delay the effective date by 30-days because this action provides full-time vessels with an additional 6 DAS 24 DAS total and 54,000 lb 24,494 kg in access area allocations 72,000 lb 32,659 kg total to each full-time limited access vessel.
Further, LAGC IFQ vessels will receive an additional 27-mt 950-mt total allocation and 1,712 access area trips spread out across 3 access areas 2,283
trips total. Framework 33 could not have been put into place sooner to allow for a 30-day delayed effectiveness because the information and data necessary for the Council to develop the framework was not available in time for this action to be forwarded to NMFS
and implemented by April 1, 2021, the beginning of the scallop fishing year.
Additionally, because this rule relieves restrictions by increasing these allocations, it is not subject to the 30day delayed effectiveness provision of the Administrative Procedure Act APA
pursuant to 5 U.S.C. 553d1.
This interim final rule is exempt from the procedures of the Regulatory Flexibility Act because prior notice and opportunity for public comment is not required.
This interim rule contains no information collection requirements under the Paperwork Reduction Act of 1995.

Subpart AGeneral Provisions
List of Subjects 50 CFR Part 648

Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: May 14, 2021.
Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

For the reasons set out in the preamble, 50 CFR part 648 is amended as follows:
PART 648FISHERIES OF THE
NORTHEAST UNITED STATES
1. The authority citation for part 648
continues to read as follows:

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

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2. In 648.14, revise paragraphs i2viB and i3vE to read as follows:

648.14

Prohibitions.

i
2
vi
B Transit the Closed Area II Scallop Rotational Area or the Closed Area IIEast Scallop Rotational Area, as defined in 648.60d, unless there is a compelling safety reason for transiting the area and the vessels fishing gear is stowed and not available for immediate use as defined in 648.2.

3
v
E Transit the Closed Area II Scallop Rotational Area or Closed Area II-East Scallop Rotational Area, as defined in 648.60d, unless there is a compelling safety reason for transiting the area and the vessels fishing gear is stowed and not available for immediate use as defined in 648.2.

Subpart DManagement Measures for the Atlantic Sea Scallop Fishery 3. In 648.51, revise paragraph f1
to read as follows:

648.51

Gear and crew restrictions.

f
1 Restrictions. A vessel issued a limited access scallop permit fishing for scallops under the scallop DAS
allocation program may not fish with, possess on board, or land scallops while in possession of a trawl net, unless such vessel has been issued a limited access trawl vessel permit that endorses the vessel to fish for scallops with a trawl net. A limited access scallop vessel issued a trawl vessel permit that endorses the vessel to fish for scallops with a trawl net and general category scallop vessels enrolled in the Area Access Program as specified in 648.59, may not fish for scallops with a trawl net in the Closed Area 1, Closed Area II, Closed Area II-East, and Nantucket
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