80 FR 37181 - Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 125 (June 30, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 125 (June 30, 2015)
| Page Range | 37181-37182 | |
| FR Document | 2015-16019 |
[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)] [Rules and Regulations] [Pages 37181-37182] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16019] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 140117052-4402-02] RIN 0648-XD985 Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; quota transfer. ----------------------------------------------------------------------- SUMMARY: NMFS announces that the State of North Carolina is transferring a portion of its 2015 commercial summer flounder quota to the Commonwealth of Virginia. These quota adjustments are necessary to comply with the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan quota transfer provision. This announcement is intended to inform the public of the revised commercial quota for each state involved. DATES: Effective June 29, 2015, through December 31, 2015. FOR FURTHER INFORMATION CONTACT: Reid Lichwell, Fishery Management Specialist, 978-281-9112. SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder fishery are in 50 CFR 648.100 through 50 CFR 648.110. These regulations require annual specification of a commercial quota that is apportioned among the coastal states from North Carolina through Maine. The process to set the annual commercial quota and the percent allocated to each state are described in Sec. 648.10(c)(1)(i). The final rule implementing Amendment 5 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan provided a mechanism for summer flounder quota to be transferred from one state to another (December 17, 1993; 58 FR 65936). Two or more states, under mutual agreement and with the [[Page 37182]] concurrence of the NMFS Greater Atlantic Regional Administrator, can transfer or combine summer flounder commercial quota under Sec. 648.102(c)(2). The Regional Administrator is required to consider the criteria in Sec. 648.102(c)(2)(i) when evaluating requests for quota transfers or combinations. North Carolina has agreed to transfer 7,340 lb (3,329 kg) of its 2015 commercial summer flounder quota to Virginia. This transfer was prompted by landings of a North Carolina vessel that was granted safe harbor in Virginia due to mechanical failure on May 3, 2015. As a result of these landings, a quota transfer is necessary to account for an increase in Virginia landings that would have otherwise accrued against the North Carolina quota. The Regional Administrator has determined that the criteria set forth in Sec. 648.102(c)(2)(i) have been met. The transfer is consistent with the criteria because it will not preclude the overall annual quota from being fully harvested, the transfer addresses an unforeseen variation or contingency in the fishery, and the transfer is consistent with the objectives of the FMP and the Magnuson-Stevens Fishery Conservation and Management Act. The revised summer flounder commercial quotas for calendar year 2015 are: Virginia, 2,401,568 lb (1,089,330 kg); and North Carolina, 2,976,243 lb (1,350,001 kg). Classification This action is taken under 50 CFR part 648 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: June 25, 2015. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015-16019 Filed 6-29-15; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations 37181
commercial landings for snowy grouper during the commercial closure, the sale 30-day delay in the effectiveness of this
will reach the commercial annual catch or purchase of snowy grouper taken action under 5 U.S.C. 553(d)(3).
limit (ACL) (commercial quota) by June from the EEZ is prohibited. The Authority: 16 U.S.C. 1801 et seq.
30, 2015. Therefore, NMFS closes the prohibition on sale or purchase does not
commercial sector for snowy grouper in apply to the sale or purchase of snowy Dated: June 25, 2015.
the South Atlantic EEZ on June 30, grouper that were harvested, landed Jennifer M. Wallace,
2015, and it will remain closed until the ashore, and sold prior to 12:01 a.m., Acting Director, Office of Sustainable
start of the next fishing season on local time, June 30, 2015, and were held Fisheries, National Marine Fisheries Service.
January 1, 2016. This closure is in cold storage by a dealer or processor. [FR Doc. 2015–16017 Filed 6–25–15; 4:15 pm]
necessary to protect the snowy grouper For a person on board a vessel for BILLING CODE 3510–22–P
resource. which a Federal commercial or charter
DATES: This rule is effective 12:01 a.m., vessel/headboat permit for the South
local time, June 30, 2015, until 12:01 Atlantic snapper-grouper fishery has DEPARTMENT OF COMMERCE
a.m., local time, January 1, 2016. been issued, the bag and possession
National Oceanic and Atmospheric
FOR FURTHER INFORMATION CONTACT: limits and the sale and purchase
Administration
Catherine Hayslip, NMFS Southeast provisions of the commercial closure for
Regional Office, telephone: 727–824– snowy grouper would apply regardless
50 CFR Part 648
5305, email: catherine.hayslip@ of whether the fish are harvested in state
noaa.gov. or Federal waters, as specified in 50 [Docket No. 140117052–4402–02]
SUPPLEMENTARY INFORMATION: The
CFR 622.190(c)(1)(ii). RIN 0648–XD985
snapper-grouper fishery of the South Classification
Atlantic includes snowy grouper and is Fisheries of the Northeastern United
managed under the Fishery The Regional Administrator, States; Summer Flounder Fishery;
Management Plan for the Snapper- Southeast Region, NMFS, has Quota Transfer
Grouper Fishery of the South Atlantic determined this temporary rule is
necessary for the conservation and AGENCY: National Marine Fisheries
Region (FMP). The FMP was prepared Service (NMFS), National Oceanic and
by the South Atlantic Fishery management of snowy grouper and the
South Atlantic snapper-grouper fishery Atmospheric Administration (NOAA),
Management Council and is Commerce.
implemented by NMFS under the and is consistent with the Magnuson-
Stevens Act and other applicable laws. ACTION: Temporary rule; quota transfer.
authority of the Magnuson-Stevens
Fishery Conservation and Management This action is taken under 50 CFR
622.193(b)(1) and is exempt from review SUMMARY: NMFS announces that the
Act (Magnuson-Stevens Act) by State of North Carolina is transferring a
regulations at 50 CFR part 622. under Executive Order 12866.
These measures are exempt from the portion of its 2015 commercial summer
The commercial ACL (equivalent to flounder quota to the Commonwealth of
the commercial quota) for snowy procedures of the Regulatory Flexibility
Act, because the temporary rule is Virginia. These quota adjustments are
grouper in the South Atlantic is 82,900 necessary to comply with the Summer
lb (37,603 kg), gutted weight, for the issued without opportunity for prior
notice and comment. Flounder, Scup, and Black Sea Bass
current fishing year, January 1 through Fishery Management Plan quota transfer
December 31, 2015, as specified in 50 This action responds to the best
provision. This announcement is
CFR 622.190(a)(1). scientific information available. The
intended to inform the public of the
Under 50 CFR 622.193(b)(1), NMFS is Assistant Administrator for Fisheries,
revised commercial quota for each state
required to close the commercial sector NOAA (AA), finds that the need to
involved.
for snowy grouper when the commercial immediately implement this action to
close the commercial sector for snowy DATES: Effective June 29, 2015, through
ACL (commercial quota) is reached, or
is projected to be reached, by filing a grouper constitutes good cause to waive December 31, 2015.
notification to that effect with the Office the requirements to provide prior notice FOR FURTHER INFORMATION CONTACT: Reid
of the Federal Register. NMFS projects and opportunity for public comment Lichwell, Fishery Management
that commercial landings of South pursuant to the authority set forth in 5 Specialist, 978–281–9112.
Atlantic snowy grouper, as estimated by U.S.C. 553(b)(B), as such procedures SUPPLEMENTARY INFORMATION:
the Science and Research Director, will would be unnecessary and contrary to Regulations governing the summer
reach the commercial ACL by June 30, the public interest. Such procedures are flounder fishery are in 50 CFR 648.100
2015. Accordingly, the commercial unnecessary because the rule itself has through 50 CFR 648.110. These
sector for South Atlantic snowy grouper been subject to notice and comment, regulations require annual specification
is closed effective 12:01 a.m., local time, and all that remains is to notify the of a commercial quota that is
June 30, 2015, until 12:01 a.m., local public of the closure. Such procedures apportioned among the coastal states
time, January 1, 2016. are contrary to the public interest from North Carolina through Maine. The
The operator of a vessel with a valid because of the need to immediately process to set the annual commercial
commercial vessel permit for South implement this action to protect snowy quota and the percent allocated to each
Atlantic snapper-grouper having snowy grouper since the capacity of the fishing state are described in § 648.10(c)(1)(i).
grouper on board must have landed and fleet allows for rapid harvest of the The final rule implementing
asabaliauskas on DSK5VPTVN1PROD with RULES
bartered, traded, or sold such snowy commercial ACL (commercial quota). Amendment 5 to the Summer Flounder,
grouper prior to 12:01 a.m., local time, Prior notice and opportunity for public Scup, and Black Sea Bass Fishery
June 30, 2015. During the commercial comment would require time and would Management Plan provided a
closure, harvest and possession of potentially result in a harvest well in mechanism for summer flounder quota
snowy grouper in or from the South excess of the established commercial to be transferred from one state to
Atlantic EEZ is limited to the bag and ACL (commercial quota). another (December 17, 1993; 58 FR
possession limits, as specified in For the aforementioned reasons, the 65936). Two or more states, under
§ 622.187(b)(2)(ii) and (c)(1). Also AA also finds good cause to waive the mutual agreement and with the
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![37182 Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 / Rules and Regulations
concurrence of the NMFS Greater DEPARTMENT OF COMMERCE Impact Review (RIR), are available from
Atlantic Regional Administrator, can the Mid-Atlantic Fishery Management
transfer or combine summer flounder National Oceanic and Atmospheric Council, 800 North State Street, Suite
commercial quota under § 648.102(c)(2). Administration 201, Dover, DE 19901; and from the
The Regional Administrator is required New England Fishery Management
to consider the criteria in 50 CFR Part 648 Council, 50 Water Street, Mill 2,
§ 648.102(c)(2)(i) when evaluating Newburyport, MA 01950. The SBRM
[Docket No. 140904749–5507–02]
requests for quota transfers or Omnibus Amendment and EA/FONSI/
combinations. RIN 0648–BE50 RIR is also accessible via the Internet at:
www.greateratlantic.fisheries.noaa.gov.
North Carolina has agreed to transfer Magnuson-Stevens Fishery FOR FURTHER INFORMATION CONTACT:
7,340 lb (3,329 kg) of its 2015 Conservation and Management Act Douglas Potts, Fishery Policy Analyst,
commercial summer flounder quota to Provisions; Fisheries of the 978–281–9341.
Virginia. This transfer was prompted by Northeastern United States;
SUPPLEMENTARY INFORMATION:
landings of a North Carolina vessel that Standardized Bycatch Reporting
was granted safe harbor in Virginia due Methodology Omnibus Amendment Background
to mechanical failure on May 3, 2015. This final rule implements the SBRM
AGENCY: National Marine Fisheries
As a result of these landings, a quota Omnibus Amendment management
Service (NMFS), National Oceanic and
transfer is necessary to account for an measures developed and submitted by
Atmospheric Administration (NOAA),
increase in Virginia landings that would the New England and Mid-Atlantic
Commerce.
have otherwise accrued against the Regional Fishery Management Councils,
ACTION: Final rule.
North Carolina quota. which were approved by NMFS on
The Regional Administrator has SUMMARY: This final rule implements behalf of the Secretary of Commerce on
determined that the criteria set forth in approved management measures March 13, 2015. A proposed rule for this
§ 648.102(c)(2)(i) have been met. The contained in the Standardized Bycatch action was published on January 21,
transfer is consistent with the criteria Reporting Methodology Omnibus 2015 (80 FR 2898), with public
because it will not preclude the overall Amendment to the fishery management comments accepted through February
annual quota from being fully harvested, plans of the Greater Atlantic Region, 20, 2015.
the transfer addresses an unforeseen developed and submitted to NMFS by Section 303(a)(11) of the Magnuson-
the Mid-Atlantic and New England Stevens Fishery Conservation and
variation or contingency in the fishery,
Fishery Management Councils. This Management Act (Magnuson-Stevens
and the transfer is consistent with the
amendment is necessary to respond to a Act) requires that all Fishery
objectives of the FMP and the
remand by the U.S. District of Columbia Management Plans (FMPs) ‘‘establish a
Magnuson-Stevens Fishery standardized reporting methodology to
Conservation and Management Act. The Court of Appeals decision concerning
observer coverage levels specified by the assess the amount and type of bycatch
revised summer flounder commercial occurring in the fishery.’’ The purpose
SBRM and to add various measures to
quotas for calendar year 2015 are: of the amendment is to: Address the
improve and expand on the
Virginia, 2,401,568 lb (1,089,330 kg); Standardized Bycatch Reporting Appellate Court’s remand by
and North Carolina, 2,976,243 lb Methodology previously in place. The minimizing the discretion allowed in
(1,350,001 kg). intended effect of this action is to prioritizing allocation of observers when
Classification implement the following: A new there are insufficient funds; explain the
prioritization process for allocation of methods and processes by which
This action is taken under 50 CFR observers if agency funding is bycatch is currently monitored and
part 648 and is exempt from review insufficient to achieve target observer assessed for fisheries in the region;
under Executive Order 12866. coverage levels; bycatch reporting and determine whether these methods and
monitoring mechanisms; analytical processes need to be modified and/or
Authority: 16 U.S.C. 1801 et seq.
techniques and allocation of at-sea supplemented; establish standards of
Dated: June 25, 2015. fisheries observers; a precision-based precision for bycatch estimation for
Jennifer M. Wallace, performance standard for discard these fisheries; and, thereby, document
Acting Director, Office of Sustainable estimates; a review and reporting the SBRM established for all fisheries
Fisheries, National Marine Fisheries Service. process; framework adjustment and managed through the FMPs of the
[FR Doc. 2015–16019 Filed 6–29–15; 8:45 am] annual specifications provisions; and Greater Atlantic Region. Extensive
provisions for industry-funded background on the development of the
BILLING CODE 3510–22–P
observers and observer set-aside SBRM Omnibus Amendment, including
programs. the litigation history that precipitated
the need for the amendment, is
DATES: This rule is effective July 30, provided in the proposed rule and
2015. The incorporation by reference of supporting environmental assessment.
certain publications listed in the For brevity, that information is not
regulations is approved by the Director repeated here.
of the Federal Register as of July 30,
asabaliauskas on DSK5VPTVN1PROD with RULES
As detailed below (in the sections
2015. titled Bycatch Reporting and Monitoring
ADDRESSES: Copies of the Standardized Mechanisms and Analytical Techniques
Bycatch Reporting Methodology (SBRM) and Allocation of At-sea Fisheries
Omnibus Amendment, and of the Observers), this action incorporates by
Environmental Assessment (EA), with reference provisions of the SBRM
its associated Finding of No Significant Omnibus Amendment and EA/FONSI/
Impact (FONSI) and the Regulatory RIR, identified formally as the
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Document Created: 2018-02-22 11:16:45
Document Modified: 2018-02-22 11:16:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; quota transfer. | |
| Dates | Effective June 29, 2015, through December 31, 2015. | |
| Contact | Reid Lichwell, Fishery Management Specialist, 978-281-9112. | |
| FR Citation | 80 FR 37181 | |
| RIN Number | 0648-XD98 |
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