82_FR_57614 82 FR 57382 - Fisheries of the Northeastern United States; Summer Flounder Fishery; Commercial Quota Harvested for the State of New Jersey

82 FR 57382 - Fisheries of the Northeastern United States; Summer Flounder Fishery; Commercial Quota Harvested for the State of New Jersey

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 232 (December 5, 2017)

Page Range57382-57382
FR Document2017-26176

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

Federal Register, Volume 82 Issue 232 (Tuesday, December 5, 2017)
[Federal Register Volume 82, Number 232 (Tuesday, December 5, 2017)]
[Rules and Regulations]
[Page 57382]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26176]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 161017970-6999-02]
RIN 0648-XF856


Fisheries of the Northeastern United States; Summer Flounder 
Fishery; Commercial Quota Harvested for the State of New Jersey

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 New Jersey has been harvested. Vessels issued 
a Federal commercial summer flounder permit may not land summer 
flounder in New Jersey 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 notice to advise vessel and dealer permit holders 
that Federal commercial quota is no longer available to land summer 
flounder in New Jersey.

DATES: Effective November 30, 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 New 
Jersey is 16.72499 percent, resulting in an initial commercial quota of 
946,512 lb (429,331 kg). New Jersey conducted one quota transfer of 380 
lb (172 kg) to Rhode Island on October 4, 2017 (82 FR 46936), reducing 
its commercial quota to 946,132 lb (429,158 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 New Jersey commercial summer 
flounder quota will be harvested by December 11, 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 November 30, 2017, landing of 
summer flounder in New Jersey by vessels holding summer flounder 
commercial Federal fisheries permits is 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 
November 30, 2017, federally permitted dealers are also notified that 
they may not purchase summer flounder from vessels that land in New 
Jersey 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 New Jersey through December 31, 2017, 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 30, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-26176 Filed 11-30-17; 4:15 pm]
 BILLING CODE 3510-22-P



                                              57382            Federal Register / Vol. 82, No. 232 / Tuesday, December 5, 2017 / Rules and Regulations

                                              PART 1130—INFORMAL COMPLAINTS                           this notice to advise vessel and dealer               Administrator has determined no longer
                                                                                                      permit holders that Federal commercial                has commercial quota available.
                                              ■  9. The authority citation for part 1130              quota is no longer available to land                  Therefore, effective November 30, 2017,
                                              is revised to read as follows:                          summer flounder in New Jersey.                        landing of summer flounder in New
                                                  Authority: 49 U.S.C. 1321, 13301(f), 14709.         DATES: Effective November 30, 2017                    Jersey by vessels holding summer
                                                                                                      through December 31, 2017.                            flounder commercial Federal fisheries
                                              ■ 10. In § 1130.1, revise paragraph (a) to              FOR FURTHER INFORMATION CONTACT:                      permits is prohibited for the remainder
                                              read as follows:                                        Cynthia Hanson, (978) 281–9180, or                    of the 2017 calendar year, unless
                                              § 1130.1    When no damages sought.                     Cynthia.Hanson@noaa.gov.                              additional quota becomes available
                                                                                                      SUPPLEMENTARY INFORMATION:                            through a transfer and is announced in
                                                (a) Form and content; copies. Informal                                                                      the Federal Register. Effective
                                              complaint may be by letter or other                     Regulations governing the summer
                                                                                                      flounder fishery are found at 50 CFR                  November 30, 2017, federally permitted
                                              writing and will be serially numbered                                                                         dealers are also notified that they may
                                              and filed. The complaint must contain                   part 648. The regulations require annual
                                                                                                      specification of a commercial quota that              not purchase summer flounder from
                                              the essential elements of a formal                                                                            vessels that land in New Jersey for the
                                              complaint as specified at 49 CFR 1111.2                 is apportioned on a percentage basis
                                                                                                      among the coastal states from Maine                   remainder of the calendar year, or until
                                              and may embrace supporting papers.                                                                            additional quota becomes available
                                              The original and one copy must be filed                 through North Carolina. The process to
                                                                                                      set the annual commercial quota and the               through a transfer from another state.
                                              with the Board.
                                                                                                      percent allocated to each state is                    Classification
                                              *     *     *    *    *                                 described in § 648.102.
                                              [FR Doc. 2017–26153 Filed 12–4–17; 8:45 am]
                                                                                                         The coastwide commercial quota for                    This action is required by 50 CFR part
                                              BILLING CODE 4915–01–P
                                                                                                      summer flounder for the 2017 calendar                 648 and is exempt from review under
                                                                                                      year is 5,658,260 lb (2,566,544 kg) (81               Executive Order 12866.
                                                                                                      FR 93842, December 22, 2016). The
                                              DEPARTMENT OF COMMERCE                                                                                           The Assistant Administrator for
                                                                                                      percent allocated to vessels landing
                                                                                                                                                            Fisheries, NOAA, finds good cause
                                                                                                      summer flounder in New Jersey is
                                              National Oceanic and Atmospheric                                                                              pursuant to 5 U.S.C. 553(b)(B) to waive
                                                                                                      16.72499 percent, resulting in an initial
                                              Administration                                                                                                prior notice and the opportunity for
                                                                                                      commercial quota of 946,512 lb (429,331
                                                                                                                                                            public comment because it would be
                                                                                                      kg). New Jersey conducted one quota
                                              50 CFR Part 648                                                                                               contrary to the public interest. This
                                                                                                      transfer of 380 lb (172 kg) to Rhode
                                                                                                                                                            action closes the commercial summer
                                              [Docket No. 161017970–6999–02]                          Island on October 4, 2017 (82 FR
                                                                                                                                                            flounder fishery for New Jersey through
                                                                                                      46936), reducing its commercial quota
                                              RIN 0648–XF856                                                                                                December 31, 2017, under current
                                                                                                      to 946,132 lb (429,158 kg).
                                                                                                         The NMFS Administrator for the                     regulations. The regulations at
                                              Fisheries of the Northeastern United                                                                          § 648.103(b) require such action to
                                              States; Summer Flounder Fishery;                        Greater Atlantic Region (Regional
                                                                                                      Administrator) monitors the state                     ensure that summer flounder vessels do
                                              Commercial Quota Harvested for the                                                                            not exceed quotas allocated to the states.
                                              State of New Jersey                                     commercial landings and determines
                                                                                                      when a state’s commercial quota has                   If implementation of this closure was
                                              AGENCY:  National Marine Fisheries                      been harvested. NMFS is required to                   delayed to solicit prior public comment,
                                              Service (NMFS), National Oceanic and                    publish a notice in the Federal Register              the quota for this fishing year will be
                                              Atmospheric Administration (NOAA),                      advising and notifying commercial                     exceeded, thereby undermining the
                                              Commerce.                                               vessels and dealer permit holders that,               conservation objectives of the Summer
                                                                                                      effective upon a specific date, the state’s           Flounder Fishery Management Plan.
                                              ACTION: Temporary rule; closure.
                                                                                                      commercial quota has been harvested                   The Assistant Administrator further
                                              SUMMARY:   NMFS announces that the                      and no commercial summer flounder                     finds, pursuant to 5 U.S.C. 553(d)(3),
                                              2017 summer flounder commercial                         quota is available to land in that state.             good cause to waive the 30-day delayed
                                              quota allocated to the State of New                     The Regional Administrator has                        effectiveness period for the reason
                                              Jersey has been harvested. Vessels                      determined, based on dealer reports and               stated above.
                                              issued a Federal commercial summer                      other available information, that the                   Authority: 16 U.S.C. 1801 et seq.
                                              flounder permit may not land summer                     2017 New Jersey commercial summer                       Dated: November 30, 2017.
                                              flounder in New Jersey for the                          flounder quota will be harvested by
                                              remainder of calendar year 2017, unless                                                                       Emily H. Menashes,
                                                                                                      December 11, 2017.
                                              additional quota becomes available                         Section 648.4(b) provides that Federal             Acting Director, Office of Sustainable
                                              through a transfer from another state.                  permit holders agree, as a condition of               Fisheries, National Marine Fisheries Service.
                                              Regulations governing the summer                        the permit, not to land summer flounder               [FR Doc. 2017–26176 Filed 11–30–17; 4:15 pm]
                                              flounder fishery require publication of                 in any state that the Regional                        BILLING CODE 3510–22–P
sradovich on DSK3GMQ082PROD with RULES




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Document Created: 2017-12-04 23:44:58
Document Modified: 2017-12-04 23:44:58
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 November 30, 2017 through December 31, 2017.
ContactCynthia Hanson, (978) 281-9180, or [email protected]
FR Citation82 FR 57382 
RIN Number0648-XF85

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