81 FR 91878 - Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 243 (December 19, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 243 (December 19, 2016)
| Page Range | 91878-91879 | |
| FR Document | 2016-30041 |
[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)] [Rules and Regulations] [Pages 91878-91879] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30041] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 150903814-5999-02] RIN 0648-XF073 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. ----------------------------------------------------------------------- [[Page 91879]] SUMMARY: NMFS announces that the State of Maine is transferring a portion of its 2016 commercial summer flounder quota to the State of Connecticut. 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 Maine and Connecticut. DATES: Effective December 16, 2016, through December 31, 2016. FOR FURTHER INFORMATION CONTACT: Cynthia Hanson, Fishery Management Specialist, (978) 281-9180. SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder fishery are found in 50 CFR 648.100 through 648.110. These 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, and the initial 2016 allocations were published on December 28, 2015 (80 FR 80689). 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. Maine is transferring 3,800 lb (1,724 kg) of summer flounder commercial quota to Connecticut. This transfer was prompted by state officials in Connecticut to ensure their commercial summer flounder quota is not exceeded. The revised summer flounder quotas for calendar year 2016 are now: Maine, 64 lb (29 kg); and Connecticut, 187,166 lb (84,897 kg); based on the initial quotas published in the 2016-2018 Summer Flounder, Scup, and Black Sea Bass Specifications on December 28, 2015 (80 FR 80689). 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: December 9, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-30041 Filed 12-16-16; 8:45 am] BILLING CODE 3510-22-P
![91878 Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Rules and Regulations
not overfished (B2011/Bmsy = 1.14), and Monitoring and Reporting Charter/Headboat permit holders that
overfishing is not occurring (F2011/Fmsy = NMFS will continue to monitor the would otherwise have an opportunity to
0.82). Increasing the retention limits for swordfish fishery closely during 2017 harvest more than the default retention
this U.S. handgear fishery is not through mandatory landings and catch limits of three swordfish per vessel per
expected to affect the swordfish stock reports. Dealers are required to submit trip in the Northwest Atlantic and Gulf
status determination because any landing reports and negative reports (if of Mexico regions, and two swordfish
additional landings would be within the no swordfish were purchased) on a per vessel per trip in the U.S. Caribbean
established overall U.S. North Atlantic weekly basis. region. Further, any delay beyond
swordfish quota allocation Depending upon the level of fishing January 1, 2017, the start of the first
recommended by ICCAT. Increasing effort and catch rates of swordfish, semi-annual directed fishing period,
opportunity beginning on January 1, NMFS may determine that additional could exacerbate the problem of low
2017, is also important because of the retention limit adjustments or closures swordfish landings and subsequent
migratory nature and seasonal are necessary to ensure that available quota rollovers. Limited opportunities
distribution of swordfish. In a particular quota is not exceeded or to enhance to harvest the directed swordfish quota
geographic region, or waters accessible fishing opportunities. Subsequent may have negative social and economic
from a particular port, the amount of actions, if any, will be published in the impacts for U.S. fishermen. Adjustment
fishing opportunity for swordfish may Federal Register. In addition, fishermen of the retention limits needs to be
be constrained by the short amount of may access http://www.nmfs.noaa.gov/ effective on January 1, 2017, to allow all
time the swordfish are present as they sfa/hms/species/swordfish/landings/ of the affected sectors to benefit from
migrate. index.html for updates on quota the adjustment during the relevant time
monitoring. period, which could pass by for some
NMFS also has determined that the
fishermen if the action is delayed for
retention limit will remain at zero Classification notice and public comment, and to not
swordfish per vessel per trip in the
The Assistant Administrator for preclude fishing opportunities for
Florida SWO Management Area at this fishermen, particularly in the Gulf of
time. As discussed above, NMFS NMFS (AA) finds that it is impracticable
and contrary to the public interest to Mexico and U.S. Caribbean regions, who
considered consistency with the 2006 have access to the fishery during a short
HMS FMP and its amendments and the provide prior notice of, and an
opportunity for public comment on, this time period because of seasonal fish
importance for NMFS to continue to migration. Therefore, the AA finds good
provide protection to important action for the following reasons:
The regulations implementing the cause under 5 U.S.C. 553(b)(B) to waive
swordfish juvenile areas and migratory prior notice and the opportunity for
corridors. As described in Amendment 2006 Consolidated HMS FMP, as
amended, provide for inseason retention public comment. For all of the above
8 to the 2006 Consolidated HMS FMP reasons, there is also good cause under
(78 FR 52012), the area off the limit adjustments to respond to changes
in swordfish landings, the availability of 5 U.S.C. 553(d) to waive the 30-day
southeastern coast of Florida, delay in effectiveness.
swordfish on the fishing grounds, the
particularly the Florida Straits, contains This action is being taken under 50
migratory nature of this species, and
oceanographic features that make the CFR 635.24(b)(4) and is exempt from
regional variations in the fishery. Based
area biologically unique. It provides review under Executive Order 12866.
on available swordfish quota, stock
important juvenile swordfish habitat,
abundance, fishery performance in Authority: 16 U.S.C. 971 et seq. and 1801
and is essentially a narrow migratory
recent years, and the availability of et seq.
corridor containing high concentrations
swordfish on the fishing grounds, Dated: December 9, 2016.
of swordfish located in close proximity
among other considerations, adjustment Emily H. Menashes,
to high concentrations of people who
to the SWO General Commercial permit
may fish for them. Public comment on Acting Director, Office of Sustainable
retention limits from the default levels Fisheries, National Marine Fisheries Service.
Amendment 8, including from the
as discussed above is warranted, except
Florida Fish and Wildlife Conservation that it maintains a zero-fish retention
[FR Doc. 2016–30042 Filed 12–16–16; 8:45 am]
Commission, indicated concern about limit in the Florida SWO Management BILLING CODE 3510–22–P
the resultant high potential for the Area. Analysis of available data shows
improper rapid growth of a commercial that adjustment to the swordfish daily
fishery, increased catches of undersized DEPARTMENT OF COMMERCE
retention limit from the default levels
swordfish, the potential for larger would result in minimal risks of
numbers of fishermen in the area, and National Oceanic and Atmospheric
exceeding the ICCAT-allocated quota. Administration
the potential for crowding of fishermen, NMFS provides notification of retention
which could lead to gear and user limit adjustments by publishing the
conflicts. These concerns remain valid. 50 CFR Part 648
notice in the Federal Register, emailing
NMFS will continue to collect individuals who have subscribed to the [Docket No. 150903814–5999–02]
information to evaluate the Atlantic HMS News electronic
appropriateness of the retention limit in newsletter, and updating the RIN 0648–XF073
the Florida SWO Management Area and information posted on the ‘‘Atlantic
other regional retention limits. This HMS Breaking News’’ Web site at http:// Fisheries of the Northeastern United
action therefore maintains a zero-fish www.nmfs.noaa.gov/sfa/hms/news/ States; Summer Flounder Fishery;
srobinson on DSK5SPTVN1PROD with RULES
retention limit in the Florida Swordfish breaking_news.html. Delays in Quota Transfer
Management Area. temporarily increasing these retention AGENCY: National Marine Fisheries
These adjustments are consistent with limits caused by the time required to Service (NMFS), National Oceanic and
the 2006 Consolidated HMS FMP as publish a proposed rule and accept Atmospheric Administration (NOAA),
amended, ATCA, and the Magnuson- public comment would adversely and Commerce.
Stevens Act, and are not expected to unnecessarily affect those SWO General
ACTION: Temporary rule; quota transfer.
negatively impact stock health. Commercial permit holders and HMS
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![Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Rules and Regulations 91879
SUMMARY: NMFS announces that the process to set the annual commercial quota to Connecticut. This transfer was
State of Maine is transferring a portion quota and the percent allocated to each prompted by state officials in
of its 2016 commercial summer flounder state are described in § 648.102, and the Connecticut to ensure their commercial
quota to the State of Connecticut. These initial 2016 allocations were published summer flounder quota is not exceeded.
quota adjustments are necessary to on December 28, 2015 (80 FR 80689). The revised summer flounder quotas for
comply with the Summer Flounder, The final rule implementing calendar year 2016 are now: Maine, 64
Scup and Black Sea Bass Fishery Amendment 5 to the Summer Flounder lb (29 kg); and Connecticut, 187,166 lb
Management Plan quota transfer Fishery Management Plan, as published (84,897 kg); based on the initial quotas
provision. This announcement informs in the Federal Register on December 17, published in the 2016–2018 Summer
the public of the revised commercial 1993 (58 FR 65936), provided a Flounder, Scup, and Black Sea Bass
quotas for Maine and Connecticut. mechanism for transferring summer Specifications on December 28, 2015 (80
DATES: Effective December 16, 2016,
flounder commercial quota from one FR 80689).
through December 31, 2016. state to another. Two or more states,
under mutual agreement and with the Classification
FOR FURTHER INFORMATION CONTACT: concurrence of the NMFS Greater This action is taken under 50 CFR
Cynthia Hanson, Fishery Management Atlantic Regional Administrator, can part 648 and is exempt from review
Specialist, (978) 281–9180. transfer or combine summer flounder under Executive Order 12866.
SUPPLEMENTARY INFORMATION: commercial quota under § 648.102(c)(2). Authority: 16 U.S.C. 1801 et seq.
Regulations governing the summer The Regional Administrator is required
flounder fishery are found in 50 CFR to consider the criteria in Dated: December 9, 2016.
648.100 through 648.110. These § 648.102(c)(2)(i)(A) through (C) in the Emily H. Menashes,
regulations require annual specification evaluation of requests for quota transfers Acting Director, Office of Sustainable
of a commercial quota that is or combinations. Fisheries, National Marine Fisheries Service.
apportioned among the coastal states Maine is transferring 3,800 lb (1,724 [FR Doc. 2016–30041 Filed 12–16–16; 8:45 am]
from Maine through North Carolina. The kg) of summer flounder commercial BILLING CODE 3510–22–P
srobinson on DSK5SPTVN1PROD with RULES
VerDate Sep<11>2014 20:05 Dec 16, 2016 Jkt 241001 PO 00000 Frm 00237 Fmt 4700 Sfmt 9990 E:\FR\FM\19DER1.SGM 19DER1](https://thefederalregister.org/doc/81_FR_92121/page/2.svg)
Document Created: 2016-12-17 03:15:25
Document Modified: 2016-12-17 03:15:25
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; quota transfer. | |
| Dates | Effective December 16, 2016, through December 31, 2016. | |
| Contact | Cynthia Hanson, Fishery Management Specialist, (978) 281-9180. | |
| FR Citation | 81 FR 91878 | |
| RIN Number | 0648-XF07 |
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