80_FR_57116 80 FR 56934 - Fisheries of the Northeastern United States; Scup Fishery; Adjustment to the 2015 Winter II Quota

80 FR 56934 - Fisheries of the Northeastern United States; Scup Fishery; Adjustment to the 2015 Winter II Quota

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

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

Page Range56934-56934
FR Document2015-23622

NMFS adjusts the 2015 Winter II commercial scup quota. This action complies with Framework Adjustment 3 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan, which established a process to allow the rollover of unused commercial scup quota from the Winter I period to the Winter II period.

Federal Register, Volume 80 Issue 182 (Monday, September 21, 2015)
[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Rules and Regulations]
[Page 56934]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23622]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 140117052-4402-02]
RIN 0648-XE156


Fisheries of the Northeastern United States; Scup Fishery; 
Adjustment to the 2015 Winter II Quota

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

ACTION: Temporary rule; inseason adjustment.

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SUMMARY: NMFS adjusts the 2015 Winter II commercial scup quota. This 
action complies with Framework Adjustment 3 to the Summer Flounder, 
Scup, and Black Sea Bass Fishery Management Plan, which established a 
process to allow the rollover of unused commercial scup quota from the 
Winter I period to the Winter II period.

DATES: Effective November 1, 2015, through December 31, 2015.

FOR FURTHER INFORMATION CONTACT: Reid Lichwell, Fishery Management 
Specialist, (978) 281-9112.

SUPPLEMENTARY INFORMATION: NMFS published a final rule in the Federal 
Register on November 3, 2003 (68 FR 62250), implementing a process to 
roll over unused Winter I commercial scup quota (January 1 through 
April 30) to be added to the Winter II period quota (November 1 through 
December 31). This framework also allows adjustment of the commercial 
possession limit for the Winter II period dependent on the amount of 
quota rolled over from the Winter I period.
    For 2015, the initial Winter II quota is 3,384,470 lb (1,535 mt), 
and the best available landings information indicates that 2,084,256 lb 
(945 mt) of the Winter I quota remains unused. The 2015 Winter I quota 
was 9,578,008 lb (4,344 mt). Consistent with the intent of Framework 3, 
the full amount of unused 2015 Winter I quota is transferred to Winter 
II, resulting in a revised 2015 Winter II quota of 5,468,726 lb (2,481 
mt). Because the amount transferred is greater than 2,000,000 lb (907 
mt), the per trip possession limit will increase from 12,000 lb (5,443 
kg) to 18,000 lb (8,165 kg) during the Winter II quota period, 
consistent with the final rule that increased the Winter II trip limit, 
published on May 22, 2014 (79 FR 29371).

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), has 
determined good cause exists pursuant to 5 U.S.C. 553(b)(B) to waive 
prior notice and the opportunity for public comment on this in-season 
adjustment because it is impracticable and contrary to the public 
interest. The landings data upon which this action is based are not 
available on a real-time basis and, consequently, were compiled only a 
short time before the determination was made that this action is 
warranted. If implementation of this in-season action is delayed to 
solicit prior public comment, the objective of the fishery management 
plan to achieve the optimum yield from the fishery could be 
compromised; deteriorating weather conditions during the latter part of 
the fishing year will reduce fishing effort and could prevent the 
annual quota from being fully harvested. This would conflict with the 
agency's legal obligation under the Magnuson-Stevens Fishery 
Conservation and Management Act to achieve the optimum yield from a 
fishery on a continuing basis, resulting in a negative economic impact 
on vessels permitted to fish in this fishery.

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

    Dated: September 16, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-23622 Filed 9-18-15; 8:45 am]
 BILLING CODE 3510-22-P



                                             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).
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Document Created: 2015-12-15 09:39:22
Document Modified: 2015-12-15 09:39:22
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; inseason adjustment.
DatesEffective November 1, 2015, through December 31, 2015.
ContactReid Lichwell, Fishery Management Specialist, (978) 281-9112.
FR Citation80 FR 56934 
RIN Number0648-XE15

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