81_FR_56697 81 FR 56535 - Fisheries of the Northeastern United States; Scup Fishery; Adjustment to the 2016 Winter II Quota

81 FR 56535 - Fisheries of the Northeastern United States; Scup Fishery; Adjustment to the 2016 Winter II Quota

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 162 (August 22, 2016)

Page Range56535-56535
FR Document2016-20031

NMFS adjusts the 2016 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 81 Issue 162 (Monday, August 22, 2016) 
[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Rules and Regulations]
[Page 56535]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20031]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 150903814-5999-02]
RIN 0648-XE755


Fisheries of the Northeastern United States; Scup Fishery; 
Adjustment to the 2016 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 2016 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, 2016, through December 31, 2016.

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 2016, the initial Winter II quota is 3,262,554 lb (1,480 mt), 
and the best available landings information indicates that 3,192,389 lb 
(1,448 mt) remain of the Winter I quota of 9,232,987 lb (4,188 mt). 
Consistent with the intent of Framework 3, the full amount of unused 
2016 Winter I quota would be transferred to Winter II, resulting in a 
revised 2016 Winter II quota of 6,454,943 lb (2,928 mt). Because the 
amount transferred is greater than 2,000,000 lb (907 mt), the 
possession limit per trip will increase from 12,000 lb (5,443 kg) to 
18,000 lb (8,165 kg), as outlined in the final rule that established 
the 2016 specifications, published on December 28, 2015 (80 FR 80689).

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. Moreover, the rollover 
process and potential changes in trip limits were already outlined in 
the 2016 to 2018 specifications published December 28, 2015, that were 
provided for notice and comment rulemaking. No comments were received 
on either part.

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

    Dated: August 17, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-20031 Filed 8-19-16; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Rules and Regulations 56535 comment, and a 30-day delay in of the commercial possession limit for Dated: August 17, 2016. effectiveness, prevents the immediate the Winter II period dependent on the Emily H. Menashes, closure of the GOM Cod Trimester 1 amount of quota rolled over from the Acting Director, Office of Sustainable TAC Area. Delaying the effective date of Winter I period. Fisheries, National Marine Fisheries Service. a closure increases the likelihood that For 2016, the initial Winter II quota is [FR Doc. 2016–20031 Filed 8–19–16; 8:45 am] the common pool fishery will exceed its 3,262,554 lb (1,480 mt), and the best BILLING CODE 3510–22–P quota of GOM cod to the detriment of available landings information indicates this stock, which could undermine that 3,192,389 lb (1,448 mt) remain of management objectives of the Northeast DEPARTMENT OF COMMERCE the Winter I quota of 9,232,987 lb (4,188 Multispecies Fishery Management Plan. mt). Consistent with the intent of National Oceanic and Atmospheric Additionally, an overage of the common Framework 3, the full amount of unused Administration pool quota could cause negative 2016 Winter I quota would be economic impacts to the common pool transferred to Winter II, resulting in a 50 CFR Part 648 fishery as a result of overage paybacks in a future trimester or fishing year. revised 2016 Winter II quota of 6,454,943 lb (2,928 mt). Because the [Docket No. 150903814–5999–02] Authority: 16 U.S.C. 1801 et seq. amount transferred is greater than RIN 0648–XE810 Dated: August 16, 2016. 2,000,000 lb (907 mt), the possession Emily H. Menashes, limit per trip will increase from 12,000 Fisheries of the Northeastern United Acting Director, Office of Sustainable lb (5,443 kg) to 18,000 lb (8,165 kg), as States; Summer Flounder Fishery; Fisheries, National Marine Fisheries Service. outlined in the final rule that Commercial Quota Harvested for the [FR Doc. 2016–19983 Filed 8–17–16; 4:15 pm] established the 2016 specifications, Commonwealth of Massachusetts BILLING CODE 3510–22–P published on December 28, 2015 (80 FR AGENCY: National Marine Fisheries 80689). Service (NMFS), National Oceanic and Classification Atmospheric Administration (NOAA), DEPARTMENT OF COMMERCE Commerce. This action is required by 50 CFR part ACTION: Temporary rule; closure. National Oceanic and Atmospheric 648 and is exempt from review under Administration SUMMARY: NMFS announces that the Executive Order 12866. 2016 summer flounder commercial 50 CFR Part 648 The Assistant Administrator for quota allocated to the Commonwealth of Fisheries, NOAA (AA), has determined Massachusetts has been harvested. [Docket No. 150903814–5999–02] good cause exists pursuant to 5 U.S.C. Vessels issued a commercial Federal RIN 0648–XE755 553(b)(B) to waive prior notice and the fisheries permit for the summer opportunity for public comment on this flounder fishery may not land summer Fisheries of the Northeastern United in-season adjustment because it is flounder in Massachusetts for the States; Scup Fishery; Adjustment to impracticable and contrary to the public remainder of calendar year 2016, unless the 2016 Winter II Quota interest. The landings data upon which additional quota becomes available AGENCY: National Marine Fisheries this action is based are not available on through a transfer from another state. Service (NMFS), National Oceanic and a real-time basis and, consequently, Regulations governing the summer Atmospheric Administration (NOAA), were compiled only a short time before flounder fishery require publication of Commerce. the determination was made that this this notification to advise Massachusetts ACTION: Temporary rule; inseason action is warranted. If implementation that the quota has been harvested and to adjustment. of this in-season action is delayed to advise vessel permit holders and dealer solicit prior public comment, the permit holders that no Federal SUMMARY: NMFS adjusts the 2016 objective of the fishery management commercial quota is available for Winter II commercial scup quota. This plan to achieve the optimum yield from landing summer flounder in action complies with Framework the fishery could be compromised; Massachusetts. Adjustment 3 to the Summer Flounder, deteriorating weather conditions during DATES: Effective 0001 hours, August 19, Scup, and Black Sea Bass Fishery the latter part of the fishing year will 2016, through December 31, 2016. Management Plan, which established a reduce fishing effort and could prevent FOR FURTHER INFORMATION CONTACT: Reid process to allow the rollover of unused the annual quota from being fully Lichwell, (978) 281–9112, or commercial scup quota from the Winter harvested. This would conflict with the Reid.Lichwell@noaa.gov. I period to the Winter II period. agency’s legal obligation under the SUPPLEMENTARY INFORMATION: DATES: Effective November 1, 2016, Magnuson-Stevens Fishery Conservation and Management Act to Regulations governing the summer through December 31, 2016. flounder fishery are found at 50 CFR FOR FURTHER INFORMATION CONTACT: Reid achieve the optimum yield from a fishery on a continuing basis, resulting part 648. The regulations require annual Lichwell, Fishery Management specification of a commercial quota that Specialist, (978) 281–9112. in a negative economic impact on is apportioned on a percentage basis vessels permitted to fish in this fishery. SUPPLEMENTARY INFORMATION: NMFS among the coastal states from North Moreover, the rollover process and published a final rule in the Federal Carolina through Maine. The process to Register on November 3, 2003 (68 FR potential changes in trip limits were set the annual commercial quota and the Lhorne on DSK30JT082PROD with RULES 62250), implementing a process to roll already outlined in the 2016 to 2018 percent allocated to each state is over unused Winter I commercial scup specifications published December 28, described in § 648.102. quota (January 1 through April 30) to be 2015, that were provided for notice and The initial commercial quota for added to the Winter II period quota comment rulemaking. No comments summer flounder for the 2016 calendar (November 1 through December 31). were received on either part. year was set equal to 8,124,035 lb This framework also allows adjustment Authority: 16 U.S.C. 1801 et seq. (3,684,997 kg) (80 FR 80689, December VerDate Sep<11>2014 15:11 Aug 19, 2016 Jkt 238001 PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 E:\FR\FM\22AUR1.SGM 22AUR1


Document Created: 2018-02-09 11:38:10
Document Modified: 2018-02-09 11:38:10
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, 2016, through December 31, 2016.
ContactReid Lichwell, Fishery Management Specialist, (978) 281-9112.
FR Citation81 FR 56535 
RIN Number0648-XE75
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