82 FR 48008 - Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 198 (October 16, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 198 (October 16, 2017)
| Page Range | 48008-48009 | |
| FR Document | 2017-22272 |
[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)] [Rules and Regulations] [Pages 48008-48009] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22272] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 161017970-6999-02] RIN 0648-XF721 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. ----------------------------------------------------------------------- SUMMARY: NMFS announces that the State of North Carolina is transferring a portion of its 2017 commercial summer flounder quota to the State of New York. This quota adjustment is necessary to comply with the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan quota transfer provisions. This announcement informs the public of the revised commercial quotas for North Carolina and New York. DATES: Effective October 13, 2017, through December 31, 2017. 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 is described in Sec. 648.102, and the initial 2017 allocations were published on December 22, 2016 (81 FR 93842). 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 3,000 lb (1,361 kg) of summer flounder commercial quota to New York. This transfer was requested to repay landings by a North Carolina-permitted vessel that landed in New York under a safe harbor agreement. The revised summer flounder quotas for calendar year 2017 are now: North Carolina, 1,536,693 lb (697,032 kg); and New York, 435,764 lb (197,659 kg); based on the initial quotas published in the 2017 Summer Flounder, Scup, and Black Sea Bass Specifications and subsequent transfers. [[Page 48009]] 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: October 10, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-22272 Filed 10-13-17; 8:45 am] BILLING CODE 3510-22-P
![48008 Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations
pertinent common pool quotas during There are several reasons that notice Atmospheric Administration (NOAA),
the fishing year. Given this, and because and comment are impracticable, Commerce.
the common pool has caught more than unnecessary, and contrary to the public ACTION: Temporary rule; quota transfer.
80 percent of its annual quota, the interest. First, the proposed and final
possession of GB cod by all common rules for Framework 56 explained the SUMMARY: NMFS announces that the
pool vessels is prohibited effective possibility of minor adjustments and State of North Carolina is transferring a
October 11, 2017, through April 30, corrections because final allocations are portion of its 2017 commercial summer
2018. This action is intended to prevent not always available at the time of the flounder quota to the State of New York.
the common pool from further rulemaking for the upcoming fishing This quota adjustment is necessary to
exceeding its Trimester 2 TAC or from year. These adjustments are routine and comply with the Summer Flounder,
exceeding its annual quota. formulaic, required by regulation, and Scup, and Black Sea Bass Fishery
If a vessel declared its trip through the anticipated by industry. No comments Management Plan quota transfer
Vessel Monitoring System (VMS) or the were received on the potential for these provisions. This announcement informs
interactive voice response system, and adjustments, which provide an accurate the public of the revised commercial
crossed the VMS demarcation line prior accounting of the common pool’s quotas for North Carolina and New
to October 11, 2017, it may complete its allocation. York.
trip within the Trimester TAC Area. A The regulations require the Regional
vessel that has set gillnet gear prior to Administrator to close a trimester TAC DATES: Effective October 13, 2017,
October 11, 2017, may complete its trip area to the common pool fishery when through December 31, 2017.
by hauling such gear. 90 percent of the Trimester TAC for a FOR FURTHER INFORMATION CONTACT:
Any overage of the Trimester 1 or 2 stock has been caught. Updated catch Cynthia Hanson, Fishery Management
TACs must be deducted from the information only recently became Specialist, (978) 281–9180.
Trimester 3 TAC. If the common pool available indicating that the common SUPPLEMENTARY INFORMATION:
fishery exceeds its total quota for a stock pool fishery is projected to have caught Regulations governing the summer
in the 2017 fishing year, the overage 123 percent of its Trimester 2 TAC for flounder fishery are found in 50 CFR
must be deducted from the common GB cod as of October 3, 2017. The time 648.100 through 648.110. These
pool’s quota for that stock for fishing necessary to provide for prior notice and regulations require annual specification
year 2018. Any uncaught portion of the comment, and a 30-day delay in of a commercial quota that is
Trimester 1 and Trimester 2 TACs is effectiveness, would prevent the apportioned among the coastal states
carried over into the next trimester. immediate closure of the GB Cod from Maine through North Carolina. The
However, any uncaught portion of the Trimester TAC Area and prohibition of process to set the annual commercial
common pool’s total annual quota may GB cod possession. Not closing the area quota and the percent allocated to each
not be carried over into the following immediately and prohibiting GB cod state is described in § 648.102, and the
fishing year. possession increases the likelihood that initial 2017 allocations were published
Weekly quota monitoring reports for the common pool fishery will further on December 22, 2016 (81 FR 93842).
the common pool fishery are on our exceed its trimester TAC, or exceed its The final rule implementing
Web site at: http:// annual quota, to the detriment of this Amendment 5 to the Summer Flounder
www.greateratlantic.fisheries.noaa.gov/ stock, which could undermine Fishery Management Plan, as published
ro/fso/MultiMonReports.htm. We will management objectives of the Northeast in the Federal Register on December 17,
continue to monitor common pool catch Multispecies Fishery Management Plan. 1993 (58 FR 65936), provided a
through vessel trip reports, dealer- Additional overages would negatively mechanism for transferring summer
reported landings, VMS catch reports, affect the common pool fishery as a flounder commercial quota from one
and other available information and, if result of future overage paybacks or state to another. Two or more states,
necessary, we will make additional premature closures of the fishery. under mutual agreement and with the
adjustments to common pool Authority: 16 U.S.C. 1801 et seq. concurrence of the NMFS Greater
management measures.
Dated: October 11, 2017. Atlantic Regional Administrator, can
Classification Emily H. Menashes, transfer or combine summer flounder
The NMFS Assistant Administrator Acting Director, Office of Sustainable commercial quota under § 648.102(c)(2).
has determined that this temporary rule Fisheries, National Marine Fisheries Service. The Regional Administrator is required
is consistent with the Northeast [FR Doc. 2017–22347 Filed 10–11–17; 4:15 pm] to consider the criteria in
Multispecies Fishery Management Plan, BILLING CODE 3510–22–P
§ 648.102(c)(2)(i)(A) through (C) in the
other provisions of the Magnuson- evaluation of requests for quota transfers
Stevens Fishery Conservation and or combinations.
Management Act, and other applicable DEPARTMENT OF COMMERCE North Carolina is transferring 3,000 lb
law. (1,361 kg) of summer flounder
This action is exempt from the National Oceanic and Atmospheric commercial quota to New York. This
procedures of Executive Order 12866 Administration transfer was requested to repay landings
because this action contains no by a North Carolina-permitted vessel
implementing regulations. 50 CFR Part 648 that landed in New York under a safe
The Assistant Administrator for [Docket No. 161017970–6999–02] harbor agreement.
Fisheries, NOAA, finds good cause The revised summer flounder quotas
jstallworth on DSKBBY8HB2PROD with RULES
pursuant to 5 U.S.C. 553(b)(B) and 5 RIN 0648–XF721 for calendar year 2017 are now: North
U.S.C. 553(d)(3) to waive prior notice Carolina, 1,536,693 lb (697,032 kg); and
Fisheries of the Northeastern United
and the opportunity for public comment New York, 435,764 lb (197,659 kg);
States; Summer Flounder Fishery;
and the 30-day delayed effectiveness based on the initial quotas published in
Quota Transfer
period because it would be the 2017 Summer Flounder, Scup, and
impracticable and contrary to the public AGENCY: National Marine Fisheries Black Sea Bass Specifications and
interest. Service (NMFS), National Oceanic and subsequent transfers.
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![Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 48009
Classification Authority: 16 U.S.C. 1801 et seq. Dated: October 10, 2017.
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. 2017–22272 Filed 10–13–17; 8:45 am]
BILLING CODE 3510–22–P
jstallworth on DSKBBY8HB2PROD with RULES
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Document Created: 2017-10-14 01:42:48
Document Modified: 2017-10-14 01:42:48
| 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 October 13, 2017, through December 31, 2017. | |
| Contact | Cynthia Hanson, Fishery Management Specialist, (978) 281-9180. | |
| FR Citation | 82 FR 48008 | |
| RIN Number | 0648-XF72 |
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