81_FR_40314 81 FR 40195 - Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer

81 FR 40195 - Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 119 (June 21, 2016)

Page Range40195-40196
FR Document2016-14650

NMFS announces that the State of North Carolina is transferring a portion of its 2016 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 informs the public of the revised commercial quotas for Virginia and North Carolina.

Federal Register, Volume 81 Issue 119 (Tuesday, June 21, 2016)
[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)]
[Rules and Regulations]
[Pages 40195-40196]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14650]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 150903814-5999-02]
RIN 0648-XE679


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.

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SUMMARY: NMFS announces that the State of North Carolina is 
transferring a portion of its 2016 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 informs the 
public of the revised commercial quotas for Virginia and North 
Carolina.

DATES: Effective June 20, 2016, through December 31, 2016.

FOR FURTHER INFORMATION CONTACT: Elizabeth Scheimer, Fishery Management 
Specialist, (978) 281-9236.

SUPPLEMENTARY INFORMATION:
    Regulations governing the summer flounder fishery are found in 50 
CFR 648.100 through 648.110. The regulations require annual 
specification of a commercial quota that is apportioned among the 
coastal states from Maine through North Carolina. The process to set 
the annual commercial quota and the percent allocated to each state are 
described in Sec.  648.102.
    The final rule implementing Amendment 5 to the Summer Flounder 
Fishery Management Plan, as published in the Federal Register on 
December 17, 1993 (58 FR 65936), provided a mechanism for transferring 
summer flounder commercial quota from one state to another. Two or more 
states, under mutual agreement and with the 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)(A) through (C) in the evaluation of requests for quota 
transfers or combinations.
    North Carolina is transferring 3,732 lb (1,693 kg) of summer 
flounder commercial quota to Virginia. This transfer was requested by 
North Carolina to repay landings by a North Carolina-permitted vessel 
that landed in Virginia under a safe harbor agreement.
    The revised summer flounder quotas for calendar year 2016 are now: 
Virginia, 1,759,561 lb (798,123 kg); and North Carolina, 2,143,714 lb 
(972,372 kg) based on the initial quotas published in the 2016-2018 
Summer Flounder, Scup and Black Sea Bass Specifications and previous 
2016 quota transfers as referenced in Table 1.

                                  Table 1--2016 Summer Flounder Quota Transfers
----------------------------------------------------------------------------------------------------------------
                                         2016
                                    Specifications      Transfer No. 1      Transfer No. 2      Transfer No. 3
                                     Initial Quota
----------------------------------------------------------------------------------------------------------------
Quota Transfer..................  ..................  NC to MA, RI, NJ,   NC to NJ and MA...  VA to MA.
                                                       and VA.
Federal Register................  80 FR 80689.......  81 FR 12030.......  81 FR 22032.......  81 FR 24714.
Effective Date..................  January 1, 2016...  March 7, 2016.....  April 13, 2016....  April 26, 2016.
Publication Date................  December 28, 2015.  March 8, 2016.....  April 14, 2016....  April 27, 2016.
----------------------------------------------------------------------------------------------------------------


[[Page 40196]]

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 16, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-14650 Filed 6-20-16; 8:45 am]
 BILLING CODE 3510-22-P



                                                                   Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Rules and Regulations                                                                      40195

                                             § 964.3 Customer petitions; notice of                               PART 965—RULES OF PRACTICE IN                                   Flounder, Scup and Black Sea Bass
                                             hearing; answer; summary judgment; filing                           PROCEEDINGS RELATIVE TO MAIL                                    Fishery Management Plan quota transfer
                                             and service.                                                        DISPUTES                                                        provision. This announcement informs
                                                (a) Petition. * * * The Petition,                                                                                                the public of the revised commercial
                                             signed by the Petitioner or his or her                              ■ 29. The authority citation for 39 CFR                         quotas for Virginia and North Carolina.
                                             attorney, shall be filed via the Judicial                           part 965 continues to read as follows:                          DATES: Effective June 20, 2016, through
                                             Officer Electronic filing system at                                     Authority: 39 U.S.C. 204, 401.                              December 31, 2016.
                                             https://uspsjoe.justware.com/justiceweb                             ■   30. Revise § 965.5 to read as follows:                      FOR FURTHER INFORMATION CONTACT:
                                             or via certified mail to the Recorder,
                                                                                                                 § 965.5         Initial submissions by parties.
                                                                                                                                                                                 Elizabeth Scheimer, Fishery
                                             Judicial Officer Department, United
                                                                                                                                                                                 Management Specialist, (978) 281–9236.
                                             States Postal Service, 2101 Wilson                                    Within 15 days after receipt of the
                                             Boulevard, Suite 600, Arlington, VA                                 Recorder’s notice, each party shall file                        SUPPLEMENTARY INFORMATION:
                                             22201–3078. The Petition must be filed                              via the Judicial Officer electronic filing                         Regulations governing the summer
                                             within 14 days of the date upon which                               system (https://uspsjoe.justware.com/                           flounder fishery are found in 50 CFR
                                             the Petitioner received the notice. * * *                           justiceweb) a sworn statement of the                            648.100 through 648.110. The
                                             *      *     *     *    *                                           facts supporting its claim to receipt of                        regulations require annual specification
                                                                                                                 the mail together with a copy of each                           of a commercial quota that is
                                                (e) Filing and service. All documents                                                                                            apportioned among the coastal states
                                             required under this part must be filed                              document on which it relies in making
                                                                                                                 such claim, and any arguments                                   from Maine through North Carolina. The
                                             using the electronic filing system unless                                                                                           process to set the annual commercial
                                             the presiding officer permits otherwise.                            supporting its claim. Unless the
                                                                                                                 presiding officer otherwise permits, all                        quota and the percent allocated to each
                                             Documents submitted using the                                                                                                       state are described in § 648.102.
                                             electronic filing system are considered                             documents relative to this proceeding
                                                                                                                 must be filed using the electronic filing                          The final rule implementing
                                             filed as of the date/time (Eastern Time)
                                                                                                                 system.                                                         Amendment 5 to the Summer Flounder
                                             reflected in the system. Documents
                                                                                                                                                                                 Fishery Management Plan, as published
                                             mailed to the Recorder are considered                               Stanley F. Mires,                                               in the Federal Register on December 17,
                                             filed on the date mailed as evidenced by                            Attorney, Federal Compliance.                                   1993 (58 FR 65936), provided a
                                             a United States Postal Service postmark.                            [FR Doc. 2016–14553 Filed 6–20–16; 8:45 am]                     mechanism for transferring summer
                                             Filings by any other means are
                                                                                                                 BILLING CODE 7710–12–P                                          flounder commercial quota from one
                                             considered filed upon receipt by the
                                                                                                                                                                                 state to another. Two or more states,
                                             Recorder of a complete copy of the filing
                                                                                                                                                                                 under mutual agreement and with the
                                             during normal business hours. Normal
                                                                                                                 DEPARTMENT OF COMMERCE                                          concurrence of the NMFS Greater
                                             business hours are between 8:45 a.m.
                                                                                                                                                                                 Atlantic Regional Administrator, can
                                             and 4:45 p.m. (Eastern Time), Monday                                National Oceanic and Atmospheric                                transfer or combine summer flounder
                                             through Friday except holidays. If both                             Administration                                                  commercial quota under § 648.102(c)(2).
                                             parties are participating in the
                                                                                                                                                                                 The Regional Administrator is required
                                             electronic filing system, separate service                          50 CFR Part 648                                                 to consider the criteria in
                                             upon the opposing party is not required.
                                                                                                                 [Docket No. 150903814–5999–02]                                  § 648.102(c)(2)(i)(A) through (C) in the
                                             Otherwise, documents shall be served
                                                                                                                                                                                 evaluation of requests for quota transfers
                                             personally or by mail on the opposing                               RIN 0648–XE679                                                  or combinations.
                                             party, noting on the document filed, or
                                                                                                                                                                                    North Carolina is transferring 3,732 lb
                                             on the transmitting letter, that a copy                             Fisheries of the Northeastern United
                                                                                                                                                                                 (1,693 kg) of summer flounder
                                             has been so furnished.                                              States; Summer Flounder Fishery;
                                                                                                                                                                                 commercial quota to Virginia. This
                                             ■ 28. In § 964.7, revise paragraph (a) to                           Quota Transfer
                                                                                                                                                                                 transfer was requested by North
                                             read as follows:                                                    AGENCY:  National Marine Fisheries                              Carolina to repay landings by a North
                                                                                                                 Service (NMFS), National Oceanic and                            Carolina-permitted vessel that landed in
                                             § 964.7    Presiding officers.
                                                                                                                 Atmospheric Administration (NOAA),                              Virginia under a safe harbor agreement.
                                               (a) The presiding officer shall be an                             Commerce.                                                          The revised summer flounder quotas
                                             Administrative Law Judge qualified in                                                                                               for calendar year 2016 are now:
                                                                                                                 ACTION: Temporary rule; quota transfer.
                                             accordance with law or the Judicial                                                                                                 Virginia, 1,759,561 lb (798,123 kg); and
                                             Officer. The Chief Administrative Law                               SUMMARY:   NMFS announces that the                              North Carolina, 2,143,714 lb (972,372
                                             Judge shall assign cases. The Judicial                              State of North Carolina is transferring a                       kg) based on the initial quotas published
                                             Officer may preside at the hearing if an                            portion of its 2016 commercial summer                           in the 2016–2018 Summer Flounder,
                                             Administrative Law Judge is                                         flounder quota to the Commonwealth of                           Scup and Black Sea Bass Specifications
                                             unavailable.                                                        Virginia. These quota adjustments are                           and previous 2016 quota transfers as
                                             *     *    *     *     *                                            necessary to comply with the Summer                             referenced in Table 1.

                                                                                                 TABLE 1—2016 SUMMER FLOUNDER QUOTA TRANSFERS
                                                                                    2016 Specifications Initial                         Transfer No. 1                       Transfer No. 2                      Transfer No. 3
                                                                                            Quota
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                                             Quota Transfer ..................     ...........................................   NC to MA, RI, NJ, and VA            NC to NJ and MA .............         VA to MA.
                                             Federal Register ................     80 FR 80689 .....................             81 FR 12030 .....................   81 FR 22032 .....................     81 FR 24714.
                                             Effective Date ....................   January 1, 2016 ................              March 7, 2016 ...................   April 13, 2016 ....................   April 26, 2016.
                                             Publication Date ................     December 28, 2015 ..........                  March 8, 2016 ...................   April 14, 2016 ....................   April 27, 2016.




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                                             40196              Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Rules and Regulations

                                             Classification                                            Authority: 16 U.S.C. 1801 et seq.                      Dated: June 16, 2016.
                                               This action is taken under 50 CFR                                                                            Emily H. Menashes,
                                             part 648 and is exempt from review                                                                             Acting Director, Office of Sustainable
                                             under Executive Order 12866.                                                                                   Fisheries, National Marine Fisheries Service.
                                                                                                                                                            [FR Doc. 2016–14650 Filed 6–20–16; 8:45 am]
                                                                                                                                                            BILLING CODE 3510–22–P
rmajette on DSK2TPTVN1PROD with RULES




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Document Created: 2016-06-21 01:30:44
Document Modified: 2016-06-21 01:30:44
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; quota transfer.
DatesEffective June 20, 2016, through December 31, 2016.
ContactElizabeth Scheimer, Fishery Management Specialist, (978) 281-9236.
FR Citation81 FR 40195 
RIN Number0648-XE67

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