82 FR 33827 - Fisheries of the Northeastern United States; Summer Flounder Fishery; Commercial Quota Harvested for the Commonwealth of Massachusetts
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 139 (July 21, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 139 (July 21, 2017)
| Page Range | 33827-33828 | |
| FR Document | 2017-15298 |
[Federal Register Volume 82, Number 139 (Friday, July 21, 2017)] [Rules and Regulations] [Pages 33827-33828] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15298] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 161017970-6999-02] RIN 0648-XF550 Fisheries of the Northeastern United States; Summer Flounder Fishery; Commercial Quota Harvested for the Commonwealth of Massachusetts AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS announces that the 2017 summer flounder commercial quota allocated to the Commonwealth of Massachusetts has been harvested. Vessels issued a commercial Federal fisheries permit for the summer flounder fishery may not land summer flounder in Massachusetts for the remainder of calendar year 2017, unless additional quota becomes available through a transfer from another state. Regulations governing the summer flounder fishery require publication of this notification to advise Massachusetts that the quota has been harvested and to advise vessel permit holders and dealer permit holders that no Federal commercial quota is available for landing summer flounder in Massachusetts. DATES: Effective 0001 hours, July 20, 2017 through December 31, 2017. FOR FURTHER INFORMATION CONTACT: Cynthia Hanson, (978) 281-9180, or [email protected]. SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder fishery are found at 50 CFR part 648. The regulations require annual specification of a commercial quota that is apportioned on a percentage basis among the coastal states from Maine through North Carolina. The process to set the annual commercial quota and the percent allocated to each state is described in Sec. 648.102. The initial commercial quota for summer flounder for the 2017 calendar year was set equal to 5,658,260 lb (2,566,544 kg) (81 FR 93842, December 22, 2016). The percent allocated to vessels landing summer flounder in Massachusetts is 6.82046 percent, resulting in a commercial quota of 385,988 lb (175,081 kg). Massachusetts has not received any quota transfers in 2017 that would cause the initial commercial quota to be adjusted. The NMFS Administrator for the Greater Atlantic Region (Regional Administrator), monitors the state commercial landings and determines when a state's commercial quota has been harvested. NMFS is required to publish notification in the Federal Register advising and notifying commercial vessels and dealer permit holders that, effective upon a specific date, the state's commercial quota has been harvested and no commercial quota is available for landing summer flounder in that state. The Regional Administrator has determined, based upon dealer reports and other available information, that the 2017 Massachusetts commercial summer flounder quota will be harvested by July 19, 2017. Section 648.4(b) provides that Federal permit holders agree, as a condition of the permit, not to land summer flounder in any state that the Regional Administrator has determined no longer has commercial quota available. Therefore, effective 0001 hours, July 20, 2017, landings of summer flounder in Massachusetts by vessels holding summer flounder commercial Federal fisheries permits are prohibited for the remainder of the 2017 calendar year, unless additional quota becomes available through a transfer and is announced in the Federal Register. Effective 0001 hours, July 20, 2017, federally permitted dealers are also notified that they may not purchase summer flounder from federally permitted vessels that land in Massachusetts 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, 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 commercial summer flounder fishery for Massachusetts until January 1, 2018, under current regulations. The regulations at Sec. 648.103(b) require such action to [[Page 33828]] ensure that summer flounder vessels do not exceed quotas allocated to the states. If implementation of this closure was delayed to solicit prior public comment, the quota for this fishing year will be exceeded, thereby undermining the conservation objectives of the Summer Flounder Fishery Management Plan. The Assistant Administrator 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: July 17, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-15298 Filed 7-18-17; 11:15 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 82, No. 139 / Friday, July 21, 2017 / Rules and Regulations 33827
deadline. Further information is Federal Communications Commission. (2,566,544 kg) (81 FR 93842, December
provided in the Filing Instructions Sue McNeil, 22, 2016). The percent allocated to
Public Notice. Chief of Staff/Special Counsel, Wireless vessels landing summer flounder in
15. Each applicant has a continuing Telecommunications Bureau. Massachusetts is 6.82046 percent,
[FR Doc. 2017–15327 Filed 7–20–17; 8:45 am] resulting in a commercial quota of
obligation to maintain the accuracy and
BILLING CODE 6712–01–P 385,988 lb (175,081 kg). Massachusetts
completeness of information furnished
has not received any quota transfers in
in its pending FCC Form 175, including 2017 that would cause the initial
any change that may cause a loss of or commercial quota to be adjusted.
reduction in the percentage of bidding DEPARTMENT OF COMMERCE
The NMFS Administrator for the
credit requested previously. An auction Greater Atlantic Region (Regional
National Oceanic and Atmospheric
applicant must file additional or Administration Administrator), monitors the state
corrected information within five days commercial landings and determines
after a significant occurrence or amend 50 CFR Part 648 when a state’s commercial quota has
its FCC Form 175 no later than five days been harvested. NMFS is required to
after the applicant becomes aware of the [Docket No. 161017970–6999–02] publish notification in the Federal
need for amendment. An applicant’s RIN 0648–XF550 Register advising and notifying
obligation to make modifications to a commercial vessels and dealer permit
pending FCC Form 175 continues after Fisheries of the Northeastern United holders that, effective upon a specific
these five days. An applicant is States; Summer Flounder Fishery; date, the state’s commercial quota has
obligated to amend its pending Commercial Quota Harvested for the been harvested and no commercial
application even if a reported change is Commonwealth of Massachusetts quota is available for landing summer
considered to be a major modification flounder in that state. The Regional
AGENCY: National Marine Fisheries Administrator has determined, based
that may result in the dismissal of its Service (NMFS), National Oceanic and upon dealer reports and other available
application. Atmospheric Administration (NOAA), information, that the 2017
16. Prospective applicants should Commerce. Massachusetts commercial summer
study carefully the explanations in the ACTION: Temporary rule; closure. flounder quota will be harvested by July
Filing Instructions Public Notice 19, 2017.
concerning prohibited communication SUMMARY: NMFS announces that the Section 648.4(b) provides that Federal
by an auction applicant contained in 2017 summer flounder commercial permit holders agree, as a condition of
sections 1.2105(c) and 73.5002. For quota allocated to the Commonwealth of the permit, not to land summer flounder
example, an applicant is defined in Massachusetts has been harvested. in any state that the Regional
section 1.2105(c) for purposes of these Vessels issued a commercial Federal Administrator has determined no longer
fisheries permit for the summer has commercial quota available.
prohibitions to include each officer and
flounder fishery may not land summer Therefore, effective 0001 hours, July 20,
each director of the applicant, each
flounder in Massachusetts for the 2017, landings of summer flounder in
controlling interest of the applicant, and
remainder of calendar year 2017, unless Massachusetts by vessels holding
each holder of an ownership interest in additional quota becomes available summer flounder commercial Federal
the applicant of 10 percent or more. The through a transfer from another state. fisheries permits are prohibited for the
Filing Instructions Public Notice Regulations governing the summer remainder of the 2017 calendar year,
provided further details concerning an flounder fishery require publication of unless additional quota becomes
impermissible communication, this notification to advise Massachusetts available through a transfer and is
including a reminder of the duty to that the quota has been harvested and to announced in the Federal Register.
report immediately a communication advise vessel permit holders and dealer Effective 0001 hours, July 20, 2017,
that appears to violate section 1.2105(c). permit holders that no Federal federally permitted dealers are also
If mutual exclusivity (MX) is commercial quota is available for notified that they may not purchase
determined to exist for any engineering landing summer flounder in summer flounder from federally
proposals submitted during this filing Massachusetts. permitted vessels that land in
window, the Bureaus will announce a DATES: Effective 0001 hours, July 20, Massachusetts for the remainder of the
subsequent period during which this 2017 through December 31, 2017. calendar year, or until additional quota
prohibition will be suspended for the becomes available through a transfer
FOR FURTHER INFORMATION CONTACT:
purpose of resolving MX conflicts. Until from another state.
Cynthia Hanson, (978) 281–9180, or
such time, however, these prohibited
Cynthia.Hanson@noaa.gov. Classification
communication rules remain in effect
for Auction 99 from 6:00 p.m. on August SUPPLEMENTARY INFORMATION: This action is required by 50 CFR part
2, 2017, until the down payment Regulations governing the summer 648 and is exempt from review under
deadline which will be announced in a flounder fishery are found at 50 CFR Executive Order 12866.
part 648. The regulations require annual The Assistant Administrator for
future public notice.
specification of a commercial quota that Fisheries, NOAA, finds good cause
17. If any FM translator engineering is apportioned on a percentage basis pursuant to 5 U.S.C. 553(b)(B) to waive
proposals filed during this announced among the coastal states from Maine prior notice and the opportunity for
sradovich on DSK3GMQ082PROD with RULES
window are determined to be MX and through North Carolina. The process to public comment because it would be
such MX is not resolved through a set the annual commercial quota and the contrary to the public interest. This
future opportunity for settlement or percent allocated to each state is action closes the commercial summer
technical amendment, the Commission described in § 648.102. flounder fishery for Massachusetts until
will resolve MX engineering proposals The initial commercial quota for January 1, 2018, under current
for commercial stations through summer flounder for the 2017 calendar regulations. The regulations at
competitive bidding. year was set equal to 5,658,260 lb § 648.103(b) require such action to
VerDate Sep<11>2014 16:05 Jul 20, 2017 Jkt 241001 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\21JYR1.SGM 21JYR1](https://thefederalregister.org/doc/82_FR_33966/page/1.svg)
![33828 Federal Register / Vol. 82, No. 139 / Friday, July 21, 2017 / Rules and Regulations
ensure that summer flounder vessels do Flounder Fishery Management Plan. Dated: July 17, 2017.
not exceed quotas allocated to the states. The Assistant Administrator further Emily H. Menashes,
If implementation of this closure was finds, pursuant to 5 U.S.C. 553(d)(3), Acting Director, Office of Sustainable
delayed to solicit prior public comment, good cause to waive the 30-day delayed Fisheries, National Marine Fisheries Service.
the quota for this fishing year will be effectiveness period for the reason [FR Doc. 2017–15298 Filed 7–18–17; 11:15 am]
exceeded, thereby undermining the stated above. BILLING CODE 3510–22–P
conservation objectives of the Summer Authority: 16 U.S.C. 1801 et seq.
sradovich on DSK3GMQ082PROD with RULES
VerDate Sep<11>2014 16:05 Jul 20, 2017 Jkt 241001 PO 00000 Frm 00054 Fmt 4700 Sfmt 9990 E:\FR\FM\21JYR1.SGM 21JYR1](https://thefederalregister.org/doc/82_FR_33966/page/2.svg)
Document Created: 2017-07-21 06:00:23
Document Modified: 2017-07-21 06:00:23
| 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; closure. | |
| Dates | Effective 0001 hours, July 20, 2017 through December 31, 2017. | |
| Contact | Cynthia Hanson, (978) 281-9180, or [email protected] | |
| FR Citation | 82 FR 33827 | |
| RIN Number | 0648-XF55 |
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