81_FR_88078 81 FR 87844 - Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; Commercial Quota Harvested for the State of New York

81 FR 87844 - Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; Commercial Quota Harvested for the State of New York

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 234 (December 6, 2016)

Page Range87844-87844
FR Document2016-29137

NMFS announces that the 2016 commercial Atlantic bluefish quota allocated to the State of New York has been harvested. Vessels issued a commercial Federal permit for this fishery may not land bluefish in New York for the remainder of calendar year 2016, unless additional quota becomes available through a transfer from another state. Regulations governing these fisheries require publication of this notice to advise New York 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 in New York.

Federal Register, Volume 81 Issue 234 (Tuesday, December 6, 2016) 
[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Rules and Regulations]
[Page 87844]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29137]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 140214138-4482-02]
RIN 0648-XF043


Fisheries of the Northeastern United States; Atlantic Bluefish 
Fishery; Commercial Quota Harvested for the State of New York

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS announces that the 2016 commercial Atlantic bluefish 
quota allocated to the State of New York has been harvested. Vessels 
issued a commercial Federal permit for this fishery may not land 
bluefish in New York for the remainder of calendar year 2016, unless 
additional quota becomes available through a transfer from another 
state. Regulations governing these fisheries require publication of 
this notice to advise New York 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 in New York.

DATES: Effective 0001 hours, December 2, 2016, through December 31, 
2016.

FOR FURTHER INFORMATION CONTACT: Reid Lichwell, (978) 281-9112, or 
[email protected].

SUPPLEMENTARY INFORMATION: Regulations governing the bluefish 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. The 
processes to set the bluefish annual commercial quotas and the percent 
allocated to each state are described in Sec.  648.162.
    The initial coast wide commercial quota for Atlantic bluefish for 
the 2016 fishing year was set at 4,884,780 lb (2,215,699 kg) (81 FR 
51370; August 4, 2016). The percent allocated to New York is 10.39 
percent, resulting in an initial commercial quota of 507,289 lb 
(230,103 kg). The 2016 allocation was adjusted to 877,289 lb (397,932 
kg) (81 FR 85904; November 29, 2016) to reflect 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 in that state. The Regional Administrator 
has determined, based upon dealer reports and other available 
information, that New York has harvested its bluefish quota for 2016.
    Section 648.4(b) provides that Federal permit holders agree, as a 
condition of the permit, not to land bluefish 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 bluefish, effective 0001 hours, December 2, 
2016, for the remainder of the 2016 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 bluefish, effective 0001 hours, December 2, 2016, 
from federally permitted vessels that land in New York for the 
remainder of the calendar year, or until additional quota becomes 
available through a transfer from another state.

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 for New York 
until January 1, 2017, 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 public comment, the quota for this fishing year would be 
exceeded, thereby undermining the conservation objectives of the 
Atlantic Bluefish Fishery Management Plan. The AA further finds, 
pursuant to 5 U.S.C. 553(d)(3), good cause to waive the 30 day delayed 
effectiveness period for the reason stated above.

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

    Dated: November 30, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-29137 Filed 12-1-16; 4:15 pm]
 BILLING CODE 3510-22-P

87844 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Rules and Regulations The reason being, Congress requires DEPARTMENT OF COMMERCE NMFS is required to publish a notice in states that receive CCDBG funds to use the Federal Register alerting Federal the same set of comprehensive National Oceanic and Atmospheric commercial vessel and dealer permit background checks for all child care Administration holders that, effective upon a specific teachers and staff. These states must date, the state’s commercial quota has have requirements as well as policies 50 CFR Part 648 been harvested and no commercial and procedures to enforce and conduct [Docket No. 140214138–4482–02] quota is available to land bluefish in criminal background checks for existing that state. The Regional Administrator RIN 0648–XF043 has determined, based upon dealer and prospective child care providers by September 30, 2017. We can minimize reports and other available information, Fisheries of the Northeastern United that New York has harvested its bluefish burden on programs that operate with States; Atlantic Bluefish Fishery; both Head Start and Child Care quota for 2016. Commercial Quota Harvested for the Development Funds if we extend the State of New York Section 648.4(b) provides that Federal time by which our programs must permit holders agree, as a condition of AGENCY: National Marine Fisheries the permit, not to land bluefish in any comply with section 1302.90(b) to Service (NMFS), National Oceanic and state that the Regional Administrator September 30, 2017. Until September Atmospheric Administration (NOAA), has determined no longer has 30, 2017, the criminal record check Commerce. commercial quota available. Therefore, requirements from section 648A of the ACTION: Temporary rule; closure. vessels holding Federal commercial Act remain in place. permits are prohibited from landing We ordinarily publish a notice of SUMMARY: NMFS announces that the bluefish, effective 0001 hours, December proposed rulemaking in the Federal 2016 commercial Atlantic bluefish 2, 2016, for the remainder of the 2016 Register to provide a period for public quota allocated to the State of New York calendar year, unless additional quota comment before the provisions of a rule has been harvested. Vessels issued a becomes available through a transfer take effect in accordance with section commercial Federal permit for this and is announced in the Federal 553(b) of the Administrative Procedure fishery may not land bluefish in New Register. Federally permitted dealers are Act (APA) (5 U.S.C. 553(b)). However, York for the remainder of calendar year also notified that they may not purchase we can waive this notice and comment 2016, unless additional quota becomes bluefish, effective 0001 hours, December available through a transfer from 2, 2016, from federally permitted vessels procedure if the Secretary finds, for another state. Regulations governing that land in New York for the remainder good cause, that the notice and these fisheries require publication of of the calendar year, or until additional comment process is impracticable, this notice to advise New York that the quota becomes available through a unnecessary, or contrary to the public quota has been harvested, and to advise interest, and incorporates a statement of transfer from another state. Federal vessel and dealer permit holders the finding and the reasons therefore in that no Federal commercial quota is Classification the notice. available to land bluefish in New York. We find good cause to waive public DATES: Effective 0001 hours, December This action is required by 50 CFR part comment under Section 553(b) of the 2, 2016, through December 31, 2016. 648 and is exempt from review under Administrative Procedure Act because it Executive Order 12866. FOR FURTHER INFORMATION CONTACT: Reid is unnecessary and contrary to the Lichwell, (978) 281–9112, or The Assistant Administrator for public interest to provide for public Reid.Lichwell@noaa.gov. Fisheries, NOAA (AA), finds good cause comment in this instance. The delayed SUPPLEMENTARY INFORMATION: pursuant to 5 U.S.C. 553(b)(B) to waive compliance date poses no harm or Regulations governing the bluefish prior notice and the opportunity for burden to programs or the public. To fishery are found at 50 CFR part 648. public comment because it would be have provided a period for public The bluefish regulations require annual contrary to the public interest. This comment would have only extended specification of a commercial quota that action closes the bluefish fishery for concern in the Head Start community of is apportioned on a percentage basis New York until January 1, 2017, under how they were going to comply with the among the coastal states from Florida current regulations. The regulations at through Maine. The processes to set the § 648.103(b) require such action to requirement in a different timeframe bluefish annual commercial quotas and ensure that vessels do not exceed state than that afforded the child care the percent allocated to each state are quotas. If implementation of this closure program. Programs may voluntarily was delayed to solicit public comment, come into compliance at an earlier date described in § 648.162. The initial coast wide commercial the quota for this fishing year would be if they have the processes already in exceeded, thereby undermining the place. quota for Atlantic bluefish for the 2016 fishing year was set at 4,884,780 lb conservation objectives of the Atlantic Dated: November 22, 2016. (2,215,699 kg) (81 FR 51370; August 4, Bluefish Fishery Management Plan. The Mark H. Greenberg, 2016). The percent allocated to New AA further finds, pursuant to 5 U.S.C. Acting Assistant Secretary for Children and York is 10.39 percent, resulting in an 553(d)(3), good cause to waive the 30 Families. initial commercial quota of 507,289 lb day delayed effectiveness period for the (230,103 kg). The 2016 allocation was reason stated above. Approved: November 30, 2016. Sylvia M. Burwell, adjusted to 877,289 lb (397,932 kg) (81 Authority: 16 U.S.C. 1801 et seq. mstockstill on DSK3G9T082PROD with RULES FR 85904; November 29, 2016) to reflect Dated: November 30, 2016. Secretary. quota transfers from other states. [FR Doc. 2016–29183 Filed 12–5–16; 8:45 am] The Administrator, Greater Atlantic Emily H. Menashes, BILLING CODE P Region, NMFS (Regional Administrator), Acting Director, Office of Sustainable monitors the state commercial quotas Fisheries, National Marine Fisheries Service. and determines when a state’s [FR Doc. 2016–29137 Filed 12–1–16; 4:15 pm] commercial quota has been harvested. BILLING CODE 3510–22–P VerDate Sep<11>2014 16:27 Dec 05, 2016 Jkt 241001 PO 00000 Frm 00044 Fmt 4700 Sfmt 9990 E:\FR\FM\06DER1.SGM 06DER1


Document Created: 2016-12-06 02:18:44
Document Modified: 2016-12-06 02:18:44
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; closure.
DatesEffective 0001 hours, December 2, 2016, through December 31, 2016.
ContactReid Lichwell, (978) 281-9112, or [email protected]
FR Citation81 FR 87844 
RIN Number0648-XF04
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