80_FR_57115 80 FR 56933 - Fisheries of the Northeastern United States; Bluefish Fishery and Summer Flounder Fishery; Commercial Quota Harvested for the State of Massachusetts

80 FR 56933 - Fisheries of the Northeastern United States; Bluefish Fishery and Summer Flounder Fishery; Commercial Quota Harvested for the State of Massachusetts

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 182 (September 21, 2015)

Page Range56933-56934
FR Document2015-23598

NMFS announces that the 2015 commercial bluefish and summer flounder quota allocated to the Commonwealth of Massachusetts has been harvested. Vessels issued commercial Federal fisheries permits for these fisheries may not land bluefish or summer flounder in Massachusetts for the remainder of calendar year 2015, unless additional quota becomes available through a transfer from another state. Regulations governing these fisheries require publication of this notice to advise Massachusetts that the quota has been harvested, and to advise Federal vessel and dealer permit holders that no Federal commercial quota is available to land bluefish or summer flounder in Massachusetts.

Federal Register, Volume 80 Issue 182 (Monday, September 21, 2015) 
[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Rules and Regulations]
[Pages 56933-56934]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23598]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 140214138-4482-02]
RIN 0648-XE189


Fisheries of the Northeastern United States; Bluefish Fishery and 
Summer Flounder Fishery; Commercial Quota Harvested for the State of 
Massachusetts

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closures.

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SUMMARY: NMFS announces that the 2015 commercial bluefish and summer 
flounder quota allocated to the Commonwealth of Massachusetts has been 
harvested. Vessels issued commercial Federal fisheries permits for 
these fisheries may not land bluefish or summer flounder in 
Massachusetts for the remainder of calendar year 2015, unless 
additional quota becomes available through a transfer from another 
state. Regulations governing these fisheries require publication of 
this notice to advise Massachusetts that the quota has been harvested, 
and to advise Federal vessel and dealer permit holders that no Federal 
commercial quota is available to land bluefish or summer flounder in 
Massachusetts.

DATES: Effective 0001 hours, September 17, 2015, through December 31, 
2015 for summer flounder and effective 0001 hours, September 19, 2015, 
through December 31, 2015 for bluefish.

FOR FURTHER INFORMATION CONTACT: Reid Lichwell, (978) 281-9112, or 
Reid.Lichwell@noaa.gov.

SUPPLEMENTARY INFORMATION: Regulations governing the bluefish fishery 
and summer flounder fishery are found at 50 CFR part 648. The bluefish 
regulations require annual specification of a commercial quota that is 
apportioned on a percentage basis among the coastal states from Florida 
through Maine, while the summer flounder regulations require annual 
specification of commercial quota that is apportioned based on a 
percentage basis among coastal states from North Carolina through 
Maine. The processes to set the annual commercial quotas and the 
percent allocated to each state are described in Sec.  648.162 and 
Sec.  648.102 for bluefish and summer flounder, respectively.
    The initial coastwide commercial quota for bluefish for the 2015 
fishing year is 5,241,202 lb (2,377,371 kg) (80 FR 46848, August 6, 
2015). The percent allocated to vessels landing bluefish in 
Massachusetts is 6.7167 percent, resulting in an initial commercial 
quota of 352,036 lb (159,681 kg). The 2015 allocation was adjusted to 
602,036 lb (273,079 kg) to reflect quota transfers from other states.
    The initial coastwide commercial quota for summer flounder for the 
2015 fishing year was set at 11,069,410 lb (5,021,000 kg) (79 FR 78311, 
December 30, 2014). The percent allocated to vessels landing summer 
flounder in Massachusetts is 6.82046 percent, resulting in an initial 
commercial quota of 754,985 lb (340,165 kg). The 2015 allocation was 
adjusted to 760,785 lb (345,086 kg) to reflect quota overages from 2014 
and quota transfers from other states.
    The Administrator, Greater Atlantic Region, NMFS (Regional 
Administrator), monitors the state commercial quotas and determines 
when a state's commercial quota has been harvested. NMFS is required to 
publish a notice in the Federal Register alerting Federal commercial 
vessel and dealer permit holders that, effective upon a specific date, 
the state's commercial quota has been harvested and no commercial quota 
is available to land bluefish or summer flounder in that state. The 
Regional Administrator has determined, based upon dealer reports and 
other available information, that Massachusetts has harvested its quota 
for 2015.
    Section 648.4(b) provides that Federal permit holders agree, as a 
condition of the permit, not to land bluefish or summer flounder in any 
state that the Regional Administrator has determined no longer has 
commercial quota available. Therefore, vessels holding Federal 
commercial permits are prohibited from landing summer flounder, 
effective 0001 hours, September 17, 2015 and/or bluefish, effective 
0001 hours, September 19, 2015 for the remainder of the 2015 calendar 
year, unless additional quota becomes available through a transfer and 
is announced in the Federal Register. Federally permitted dealers are 
also notified that they may not purchase summer flounder, effective 
0001 hours, September 17, 2015 and/or bluefish, effective 0001 hours, 
September 19, 2015 from federally permitted vessels that land in 
Massachusetts for the remainder of the calendar year, or until 
additional quota becomes available through a transfer from another 
state.

[[Page 56934]]

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    The Assistant Administrator for Fisheries, NOAA (AA), finds good 
cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the 
opportunity for public comment because it would be contrary to the 
public interest. This action closes the bluefish fishery and summer 
flounder fishery for Massachusetts until January 1, 2016, under current 
regulations. The regulations at Sec.  648.103(b) require such action to 
ensure that vessels do not exceed state quotas. If implementation of 
this closure was delayed to solicit prior public comment, the quota for 
this fishing year would be exceeded, thereby undermining the 
conservation objectives of the Atlantic Bluefish Fishery Management 
Plan and the Summer Flounder Fishery Management Plan. The AA further 
finds, pursuant to 5 U.S.C. 553(d)(3), good cause to waive the thirty 
(30) day delayed effectiveness period for the reason stated above.

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

    Dated: September 15, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-23598 Filed 9-16-15; 4:15 pm]
 BILLING CODE 3510-22-P

Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Rules and Regulations 56933 or Federal waters, as specified in 50 DEPARTMENT OF COMMERCE The initial coastwide commercial CFR 622.190(c)(1)(ii). quota for bluefish for the 2015 fishing National Oceanic and Atmospheric year is 5,241,202 lb (2,377,371 kg) (80 Classification Administration FR 46848, August 6, 2015). The percent The Regional Administrator, allocated to vessels landing bluefish in 50 CFR Part 648 Massachusetts is 6.7167 percent, Southeast Region, NMFS, has determined this temporary rule is resulting in an initial commercial quota [Docket No. 140214138–4482–02] of 352,036 lb (159,681 kg). The 2015 necessary for the conservation and RIN 0648–XE189 allocation was adjusted to 602,036 lb management of snowy grouper and the (273,079 kg) to reflect quota transfers South Atlantic snapper-grouper fishery Fisheries of the Northeastern United from other states. and is consistent with the Magnuson- States; Bluefish Fishery and Summer The initial coastwide commercial Stevens Act and other applicable laws. Flounder Fishery; Commercial Quota quota for summer flounder for the 2015 This action is taken under 50 CFR Harvested for the State of fishing year was set at 11,069,410 lb 622.193(b)(1) and is exempt from review Massachusetts (5,021,000 kg) (79 FR 78311, December under Executive Order 12866. 30, 2014). The percent allocated to AGENCY: National Marine Fisheries vessels landing summer flounder in These measures are exempt from the Service (NMFS), National Oceanic and procedures of the Regulatory Flexibility Massachusetts is 6.82046 percent, Atmospheric Administration (NOAA), resulting in an initial commercial quota Act, because the temporary rule is Commerce. issued without opportunity for prior of 754,985 lb (340,165 kg). The 2015 ACTION: Temporary rule; closures. allocation was adjusted to 760,785 lb notice and comment. (345,086 kg) to reflect quota overages This action responds to the best SUMMARY: NMFS announces that the from 2014 and quota transfers from scientific information available. The 2015 commercial bluefish and summer other states. Assistant Administrator for Fisheries, flounder quota allocated to the The Administrator, Greater Atlantic NOAA (AA), finds that the need to Commonwealth of Massachusetts has Region, NMFS (Regional Administrator), immediately implement this action to been harvested. Vessels issued monitors the state commercial quotas close the commercial sector for snowy commercial Federal fisheries permits for and determines when a state’s these fisheries may not land bluefish or grouper constitutes good cause to waive commercial quota has been harvested. summer flounder in Massachusetts for the requirements to provide prior notice NMFS is required to publish a notice in the remainder of calendar year 2015, and opportunity for public comment the Federal Register alerting Federal unless additional quota becomes pursuant to the authority set forth in 5 commercial vessel and dealer permit available through a transfer from U.S.C. 553(b)(B), as such procedures holders that, effective upon a specific another state. Regulations governing would be unnecessary and contrary to date, the state’s commercial quota has these fisheries require publication of the public interest. Such procedures are been harvested and no commercial this notice to advise Massachusetts that unnecessary because the rule itself has quota is available to land bluefish or the quota has been harvested, and to been subject to notice and comment, summer flounder in that state. The advise Federal vessel and dealer permit and all that remains is to notify the Regional Administrator has determined, holders that no Federal commercial public of the closure. Such procedures based upon dealer reports and other quota is available to land bluefish or are contrary to the public interest available information, that summer flounder in Massachusetts. because of the need to immediately Massachusetts has harvested its quota DATES: Effective 0001 hours, September for 2015. implement this action to protect snowy 17, 2015, through December 31, 2015 for grouper since the capacity of the fishing Section 648.4(b) provides that Federal summer flounder and effective 0001 permit holders agree, as a condition of fleet allows for rapid harvest of the hours, September 19, 2015, through the permit, not to land bluefish or commercial ACL (commercial quota). December 31, 2015 for bluefish. summer flounder in any state that the Prior notice and opportunity for public FOR FURTHER INFORMATION CONTACT: Reid Regional Administrator has determined comment would require time and would Lichwell, (978) 281–9112, or no longer has commercial quota potentially result in a harvest well in Reid.Lichwell@noaa.gov. available. Therefore, vessels holding excess of the established commercial SUPPLEMENTARY INFORMATION: Federal commercial permits are ACL (commercial quota). Regulations governing the bluefish prohibited from landing summer For the aforementioned reasons, the fishery and summer flounder fishery are flounder, effective 0001 hours, AA also finds good cause to waive the found at 50 CFR part 648. The bluefish September 17, 2015 and/or bluefish, 30-day delay in the effectiveness of this regulations require annual specification effective 0001 hours, September 19, action under 5 U.S.C. 553(d)(3). of a commercial quota that is 2015 for the remainder of the 2015 apportioned on a percentage basis calendar year, unless additional quota Authority: 16 U.S.C. 1801 et seq. among the coastal states from Florida becomes available through a transfer Dated: September 16, 2015. through Maine, while the summer and is announced in the Federal Alan D. Risenhoover, flounder regulations require annual Register. Federally permitted dealers are Director, Office of Sustainable Fisheries, specification of commercial quota that is also notified that they may not purchase National Marine Fisheries Service. apportioned based on a percentage basis summer flounder, effective 0001 hours, among coastal states from North September 17, 2015 and/or bluefish, rmajette on DSK7SPTVN1PROD with RULES [FR Doc. 2015–23604 Filed 9–16–15; 4:15 pm] Carolina through Maine. The processes effective 0001 hours, September 19, BILLING CODE 3510–22–P to set the annual commercial quotas and 2015 from federally permitted vessels the percent allocated to each state are that land in Massachusetts for the described in § 648.162 and § 648.102 for remainder of the calendar year, or until bluefish and summer flounder, additional quota becomes available respectively. through a transfer from another state. VerDate Sep<11>2014 13:55 Sep 18, 2015 Jkt 235001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\21SER1.SGM 21SER1

56934 Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Rules and Regulations Classification Atmospheric Administration (NOAA), Classification This action is required by 50 CFR part Commerce. This action is required by 50 CFR part 648 and is exempt from review under ACTION: Temporary rule; inseason 648 and is exempt from review under Executive Order 12866. adjustment. The Assistant Administrator for Executive Order 12866. Fisheries, NOAA (AA), finds good cause SUMMARY: NMFS adjusts the 2015 The Assistant Administrator for pursuant to 5 U.S.C. 553(b)(B) to waive Winter II commercial scup quota. This Fisheries, NOAA (AA), has determined prior notice and the opportunity for action complies with Framework good cause exists pursuant to 5 U.S.C. public comment because it would be Adjustment 3 to the Summer Flounder, 553(b)(B) to waive prior notice and the contrary to the public interest. This Scup, and Black Sea Bass Fishery opportunity for public comment on this action closes the bluefish fishery and Management Plan, which established a in-season adjustment because it is summer flounder fishery for process to allow the rollover of unused impracticable and contrary to the public Massachusetts until January 1, 2016, commercial scup quota from the Winter interest. The landings data upon which under current regulations. The I period to the Winter II period. this action is based are not available on regulations at § 648.103(b) require such DATES: Effective November 1, 2015, a real-time basis and, consequently, action to ensure that vessels do not through December 31, 2015. were compiled only a short time before exceed state quotas. If implementation FOR FURTHER INFORMATION CONTACT: Reid the determination was made that this of this closure was delayed to solicit Lichwell, Fishery Management action is warranted. If implementation prior public comment, the quota for this Specialist, (978) 281–9112. fishing year would be exceeded, thereby of this in-season action is delayed to SUPPLEMENTARY INFORMATION: NMFS solicit prior public comment, the undermining the conservation published a final rule in the Federal objective of the fishery management objectives of the Atlantic Bluefish Register on November 3, 2003 (68 FR plan to achieve the optimum yield from Fishery Management Plan and the 62250), implementing a process to roll the fishery could be compromised; Summer Flounder Fishery Management over unused Winter I commercial scup deteriorating weather conditions during Plan. The AA further finds, pursuant to quota (January 1 through April 30) to be the latter part of the fishing year will 5 U.S.C. 553(d)(3), good cause to waive added to the Winter II period quota reduce fishing effort and could prevent the thirty (30) day delayed effectiveness (November 1 through December 31). the annual quota from being fully period for the reason stated above. This framework also allows adjustment harvested. This would conflict with the Authority: 16 U.S.C. 1801 et seq. of the commercial possession limit for agency’s legal obligation under the Dated: September 15, 2015. the Winter II period dependent on the Magnuson-Stevens Fishery Emily H. Menashes, amount of quota rolled over from the Winter I period. Conservation and Management Act to Acting Director, Office of Sustainable For 2015, the initial Winter II quota is achieve the optimum yield from a Fisheries, National Marine Fisheries Service. 3,384,470 lb (1,535 mt), and the best fishery on a continuing basis, resulting [FR Doc. 2015–23598 Filed 9–16–15; 4:15 pm] available landings information indicates in a negative economic impact on BILLING CODE 3510–22–P that 2,084,256 lb (945 mt) of the Winter vessels permitted to fish in this fishery. I quota remains unused. The 2015 Authority: 16 U.S.C. 1801 et seq. DEPARTMENT OF COMMERCE Winter I quota was 9,578,008 lb (4,344 Dated: September 16, 2015. mt). Consistent with the intent of National Oceanic and Atmospheric Framework 3, the full amount of unused Alan D. Risenhoover, Administration 2015 Winter I quota is transferred to Director, Office of Sustainable Fisheries, Winter II, resulting in a revised 2015 National Marine Fisheries Service. 50 CFR Part 648 Winter II quota of 5,468,726 lb (2,481 [FR Doc. 2015–23622 Filed 9–18–15; 8:45 am] [Docket No. 140117052–4402–02] mt). Because the amount transferred is BILLING CODE 3510–22–P greater than 2,000,000 lb (907 mt), the RIN 0648–XE156 per trip possession limit will increase from 12,000 lb (5,443 kg) to 18,000 lb Fisheries of the Northeastern United (8,165 kg) during the Winter II quota States; Scup Fishery; Adjustment to period, consistent with the final rule the 2015 Winter II Quota that increased the Winter II trip limit, AGENCY: National Marine Fisheries published on May 22, 2014 (79 FR Service (NMFS), National Oceanic and 29371). rmajette on DSK7SPTVN1PROD with RULES VerDate Sep<11>2014 13:55 Sep 18, 2015 Jkt 235001 PO 00000 Frm 00042 Fmt 4700 Sfmt 9990 E:\FR\FM\21SER1.SGM 21SER1


Document Created: 2015-12-15 09:39:15
Document Modified: 2015-12-15 09:39:15
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; closures.
DatesEffective 0001 hours, September 17, 2015, through December 31, 2015 for summer flounder and effective 0001 hours, September 19, 2015, through December 31, 2015 for bluefish.
ContactReid Lichwell, (978) 281-9112, or [email protected]
FR Citation80 FR 56933 
RIN Number0648-XE18
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