82_FR_53650 82 FR 53430 - Fisheries of the Northeastern United States; Summer Flounder Fishery; Commercial Quota Harvested for the State of Rhode Island

82 FR 53430 - Fisheries of the Northeastern United States; Summer Flounder Fishery; Commercial Quota Harvested for the State of Rhode Island

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 220 (November 16, 2017)

Page Range53430-53431
FR Document2017-24880

NMFS announces that the 2017 summer flounder commercial quota allocated to the State of Rhode Island has been harvested. Vessels issued a commercial Federal fisheries permit for summer flounder may not land summer flounder in Rhode Island 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 vessel and dealer permit holders that Federal commercial quota is no longer available to land summer flounder in Rhode Island.

Federal Register, Volume 82 Issue 220 (Thursday, November 16, 2017)
[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)]
[Rules and Regulations]
[Pages 53430-53431]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24880]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 161017970-6999-02]
RIN 0648-XF814


Fisheries of the Northeastern United States; Summer Flounder 
Fishery; Commercial Quota Harvested for the State of Rhode Island

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 2017 summer flounder commercial quota 
allocated to the State of Rhode Island has been harvested. Vessels 
issued a commercial Federal fisheries permit for summer flounder may 
not land summer flounder in Rhode Island 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 vessel and dealer 
permit holders that Federal commercial quota is no longer available to 
land summer flounder in Rhode Island.

DATES: Effective 0001 hours, November 14, 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 coastwide commercial quota for summer flounder for the 2017 
calendar year is 5,658,260 lb (2,566,544 kg) (81 FR 93842, December 22, 
2016). The percent allocated to vessels landing summer flounder in 
Rhode Island is 15.68298 percent, resulting in an initial commercial 
quota of 887,542 lb (402,582 kg). Rhode Island has received one quota 
transfer of 380 lb (172 kg) from New Jersey on October 4, 2017 (82 FR 
46936), bringing its commercial quota to 887,922 lb (402,755 kg).
    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 a notice 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 summer flounder quota is available to land in that state. 
The Regional Administrator has determined, based on dealer reports and 
other available information, that the 2017 Rhode Island commercial 
summer flounder quota will be harvested by November 14, 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, November 14, 2017, 
landings of summer flounder in Rhode Island 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

[[Page 53431]]

announced in the Federal Register. Effective 0001 hours, November 14, 
2017, federally permitted dealers are also notified that they may not 
purchase summer flounder from federally permitted vessels that land in 
Rhode Island 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 Rhode Island until January 1, 2018, under current 
regulations. The regulations at Sec.  648.103(b) require such action to 
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: November 13, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-24880 Filed 11-13-17; 4:15 pm]
 BILLING CODE 3510-22-P



                                              53430            Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Rules and Regulations

                                              including but not limited to                             is confidential and may not be                        summer flounder fishery require
                                              implementation of the statutory                          disclosed, which subsequently may                     publication of this notification to advise
                                              prohibition of making an award to                        remove the offer from eligibility to                  vessel and dealer permit holders that
                                              corporations that have an unpaid                         receive an award under this solicitation.             Federal commercial quota is no longer
                                              Federal tax liability (see FAR 9.104–                    I consent to disclosure of taxpayer                   available to land summer flounder in
                                              5(b)).                                                   return information to the following                   Rhode Island.
                                                (b) Notice. Pursuant to 26 U.S.C.                                                                            DATES: Effective 0001 hours, November
                                                                                                       person(s):
                                              6103(a) taxpayer return information,                                                                           14, 2017, through December 31, 2017.
                                              with few exceptions, is confidential.                    [insert PERSON(S) NAME AND CON-
                                                                                                                                                             FOR FURTHER INFORMATION CONTACT:
                                              Under the authority of 26 U.S.C.                         TACT INFORMATION]: lllllll
                                                                                                                                                             Cynthia Hanson, (978) 281–9180, or
                                              6103(h)(1), officers and employees of                    lllllllllllllllllll                                   Cynthia.Hanson@noaa.gov.
                                              the Department of the Treasury,                          lllllllllllllllllll                                   SUPPLEMENTARY INFORMATION:
                                              including the IRS, may have access to
                                              taxpayer return information as                           I certify that I have the authority to                Regulations governing the summer
                                              necessary for purposes of tax                            execute this consent on behalf of [insert             flounder fishery are found at 50 CFR
                                              administration. The Department of the                    OFFEROR NAME].                                        part 648. The regulations require annual
                                              Treasury has determined that an IRS                      Offeror Name: lllllllllll                             specification of a commercial quota that
                                              contractor’s compliance with the tax                     Offeror Taxpayer Identification Num-                  is apportioned on a percentage basis
                                              laws is a tax administration matter and                  ber: llllllllllllllll                                 among the coastal states from Maine
                                              that the access to and use of taxpayer                                                                         through North Carolina. The process to
                                                                                                       Offeror Address: llllllllll                           set the annual commercial quota and the
                                              return information is needed for
                                                                                                       Name of Individual Executing Consent:                 percent allocated to each state is
                                              determining an offeror’s eligibility to
                                              receive an award, including but not                      lllllllllllllllllll                                   described in § 648.102.
                                              limited to implementation of the                         Title of Individual Executing Consent:                   The coastwide commercial quota for
                                                                                                                                                             summer flounder for the 2017 calendar
                                              statutory prohibition of making an                       lllllllllllllllllll
                                              award to corporations that have an                                                                             year is 5,658,260 lb (2,566,544 kg) (81
                                                                                                       Signature: lllllllllllll                              FR 93842, December 22, 2016). The
                                              unpaid Federal tax liability (see FAR
                                                                                                       Date: llllllllllllllll                                percent allocated to vessels landing
                                              9.104–5).
                                                (1) The performance of a tax check is                  (End of provision)                                    summer flounder in Rhode Island is
                                              one means that will be used for                             Dated: November 6, 2017.                           15.68298 percent, resulting in an initial
                                              determining an offeror’s eligibility to                                                                        commercial quota of 887,542 lb (402,582
                                                                                                       Iris B. Cooper,
                                              receive an award in response to this                                                                           kg). Rhode Island has received one
                                                                                                       Senior Procurement Executive, Office of the
                                              solicitation (see FAR 9.104). As a result,                                                                     quota transfer of 380 lb (172 kg) from
                                                                                                       Procurement Executive.
                                              the offeror may want to take steps to                                                                          New Jersey on October 4, 2017 (82 FR
                                                                                                       [FR Doc. 2017–24911 Filed 11–15–17; 8:45 am]
                                              confirm it does not have a delinquent                                                                          46936), bringing its commercial quota to
                                                                                                       BILLING CODE 4810–25–P
                                              Federal tax liability prior to submission                                                                      887,922 lb (402,755 kg).
                                              of its response to this solicitation. If the                                                                      The NMFS Administrator for the
                                              offeror recently settled a delinquent                                                                          Greater Atlantic Region (Regional
                                              Federal tax liability, the offeror may                   DEPARTMENT OF COMMERCE                                Administrator) monitors the state
                                              want to take steps to obtain information                                                                       commercial landings and determines
                                                                                                       National Oceanic and Atmospheric                      when a state’s commercial quota has
                                              in order to demonstrate the offeror’s                    Administration
                                              responsibility to the contracting officer                                                                      been harvested. NMFS is required to
                                              (see FAR 9.104–5).                                                                                             publish a notice in the Federal Register
                                                                                                       50 CFR Part 648                                       advising and notifying commercial
                                                (c) The offeror shall execute the
                                              consent to disclosure provided in                        [Docket No. 161017970–6999–02]                        vessels and dealer permit holders that,
                                              paragraph (d) of this provision and                                                                            effective upon a specific date, the state’s
                                                                                                       RIN 0648–XF814                                        commercial quota has been harvested
                                              include it with the submission of its
                                              offer. The consent to disclosure shall be                Fisheries of the Northeastern United                  and no commercial summer flounder
                                              signed by an authorized person as                        States; Summer Flounder Fishery;                      quota is available to land in that state.
                                              required and defined in 26 U.S.C.                        Commercial Quota Harvested for the                    The Regional Administrator has
                                              6103(c) and 26 CFR 301.6103(c)–1(e)(4).                  State of Rhode Island                                 determined, based on dealer reports and
                                                (d) Consent to disclosure. I hereby                                                                          other available information, that the
                                              consent to the disclosure of taxpayer                    AGENCY:  National Marine Fisheries                    2017 Rhode Island commercial summer
                                              return information (as defined in 26                     Service (NMFS), National Oceanic and                  flounder quota will be harvested by
                                              U.S.C. 6103(b)(2)) as follows:                           Atmospheric Administration (NOAA),                    November 14, 2017.
                                                The Department of the Treasury,                        Commerce.                                                Section 648.4(b) provides that Federal
                                              Internal Revenue Service, may disclose                   ACTION: Temporary rule; closure.                      permit holders agree, as a condition of
                                              the results of the tax check conducted                                                                         the permit, not to land summer flounder
                                              in connection with the offeror’s                         SUMMARY:   NMFS announces that the                    in any state that the Regional
                                              response to this solicitation, including                 2017 summer flounder commercial                       Administrator has determined no longer
                                              taxpayer return information as                           quota allocated to the State of Rhode                 has commercial quota available.
                                              necessary to resolve any matters                         Island has been harvested. Vessels                    Therefore, effective 0001 hours,
nshattuck on DSK9F9SC42PROD with RULES




                                              pertaining to the results of the tax                     issued a commercial Federal fisheries                 November 14, 2017, landings of summer
                                              check, to the authorized representatives                 permit for summer flounder may not                    flounder in Rhode Island by vessels
                                              of [insert OFFEROR NAME] on this                         land summer flounder in Rhode Island                  holding summer flounder commercial
                                              offer.                                                   for the remainder of calendar year 2017,              Federal fisheries permits are prohibited
                                                I am aware that in the absence of this                 unless additional quota becomes                       for the remainder of the 2017 calendar
                                              authorization, the taxpayer return                       available through a transfer from                     year, unless additional quota becomes
                                              information of [insert OFFEROR NAME]                     another state. Regulations governing the              available through a transfer and is


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                                                               Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Rules and Regulations                                            53431

                                              announced in the Federal Register.                          The Assistant Administrator for                    exceeded, thereby undermining the
                                              Effective 0001 hours, November 14,                       Fisheries, NOAA, finds good cause                     conservation objectives of the Summer
                                              2017, federally permitted dealers are                    pursuant to 5 U.S.C. 553(b)(B) to waive               Flounder Fishery Management Plan.
                                              also notified that they may not purchase                 prior notice and the opportunity for                  The Assistant Administrator further
                                              summer flounder from federally                           public comment because it would be                    finds, pursuant to 5 U.S.C. 553(d)(3),
                                              permitted vessels that land in Rhode                     contrary to the public interest. This                 good cause to waive the 30-day delayed
                                              Island for the remainder of the calendar                 action closes the commercial summer                   effectiveness period for the reason
                                              year, or until additional quota becomes                  flounder fishery for Rhode Island until               stated above.
                                              available through a transfer from                        January 1, 2018, under current                          Authority: 16 U.S.C. 1801 et seq.
                                              another state.                                           regulations. The regulations at
                                                                                                       § 648.103(b) require such action to                     Dated: November 13, 2017.
                                              Classification                                           ensure that summer flounder vessels do                Emily H. Menashes,
                                                                                                       not exceed quotas allocated to the states.            Acting Director, Office of Sustainable
                                                This action is required by 50 CFR part                 If implementation of this closure was                 Fisheries, National Marine Fisheries Service.
                                              648 and is exempt from review under                      delayed to solicit prior public comment,              [FR Doc. 2017–24880 Filed 11–13–17; 4:15 pm]
                                              Executive Order 12866.                                   the quota for this fishing year will be               BILLING CODE 3510–22–P
nshattuck on DSK9F9SC42PROD with RULES




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Document Created: 2017-11-16 03:53:33
Document Modified: 2017-11-16 03:53:33
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, November 14, 2017, through December 31, 2017.
ContactCynthia Hanson, (978) 281-9180, or [email protected]
FR Citation82 FR 53430 
RIN Number0648-XF81

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