83 FR 31945 - Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; Notice of Receipt of a Petition for Rulemaking

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 132 (July 10, 2018)

On March 23, 2018, the State of New York submitted a petition to the Secretary of Commerce requesting rulemaking under the Administrative Procedure Act. The petition requests that NMFS revise the current state-by-state commercial quota allocations in the summer flounder fishery. This notice announces that NMFS, acting on the Secretary's behalf, has received this request, and provides the opportunity for public comment.

[Federal Register Volume 83, Number 132 (Tuesday, July 10, 2018)]
[Proposed Rules]
[Pages 31945-31946]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14716]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

RIN 0648-XG295


Fisheries of the Northeastern United States; Summer Flounder, 
Scup, and Black Sea Bass Fisheries; Notice of Receipt of a Petition for 
Rulemaking

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of receipt; request for comments.

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SUMMARY: On March 23, 2018, the State of New York submitted a petition 
to the Secretary of Commerce requesting rulemaking under the 
Administrative Procedure Act. The petition requests that NMFS revise 
the current state-by-state commercial quota allocations in the summer 
flounder fishery. This notice announces that NMFS, acting on the 
Secretary's behalf, has received this request, and provides the 
opportunity for public comment.

DATES: Comments must be received by 5 p.m. local time, on July 25, 
2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2018-0074, by either of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal.
    1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0074,
    2. Click the ``Comment Now!'' icon, complete the required fields, 
and
    3. Enter or attach your comments.
- OR -
    Mail: Submit written comments to Michael Pentony, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930. Mark the outside of the envelope: 
``Comments on the NY Fluke Petition for Rulemaking.''
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Cynthia Hanson, Fishery Management 
Specialist, (978) 281-9180.

SUPPLEMENTARY INFORMATION: On March 23, 2018, the State of New York and 
the New York State Department of Environmental Conservation (``New 
York'') submitted a petition to the Secretary of Commerce requesting 
rulemaking under the Administrative Procedure Act. The petition 
requests that NMFS amend the Summer Flounder, Scup, and Black Sea Bass

[[Page 31946]]

Fishery Management Plan (FMP) to revise the summer flounder state-by-
state commercial quota allocations. The existing allocations were 
implemented in 1993 through Amendment 2 to the FMP. These allocations 
were based on the best available historical landings information from 
1980-1989. The existing state allocations provide New York with 7.65 
percent of the total coastwide commercial quota. New York asserts that, 
since 1993, the summer flounder stock distribution and commercial 
fishing activity have shifted northeast towards New York. As a result, 
New York believes the summer flounder commercial quota should be re-
allocated amongst the states to reflect this shift in stock 
distribution and fishing activity, and New York should receive a higher 
percentage of the coastwide quota. New York argues in its petition that 
the current quota allocations are outdated, discriminatory, 
inefficient, costly, and unsafe, and should be replaced as soon as 
possible.
    New York proposed that NMFS revise the allocations in a two-phase 
process. First, state-by-state allocations would be removed and 
replaced with coastwide management of the commercial quota for an 
interim period while new information is collected to inform revisions 
to the state quota allocation system. Then, revised state-by-state 
quota allocations that are ``far to New York'' would be implemented in 
phase two, based on the coastwide harvest activity information 
collected during phase one.
    The Mid-Atlantic Fishery Management Council, acting jointly with 
the Atlantic States Marine Fisheries Commission, is already developing 
an amendment to the FMP that considers reallocating the summer flounder 
commercial state quotas. Included in the alternatives under 
consideration are changes to the state-by-state quota allocations based 
on updated stock distribution, similar to New York's request in this 
petition. The potential coastwide quota allocation percentage for New 
York under consideration in the amendment ranges from 7.65 percent 
(status quo) to 10.71 percent. The Council intends to conduct public 
hearings on this amendment later this summer to solicit comments on the 
amendment's draft alternatives. The Council is scheduled to take final 
action at its December 2018 meeting. Once the Council submits the final 
amendment for review and approval, NMFS will review the Council's 
amendment to determine if it is consistent with the National Standards, 
other provisions of the Magnuson-Stevens Fishery Conservation and 
Management Act, and other applicable laws. Under the current timeline, 
this would result in the implementation of this new allocation 
amendment in the fall of 2019. Any new state allocations are intended 
to be implemented for the 2020 fishing year, beginning on January 1, 
2020, if adopted and approved.
    NMFS is providing this notice to acknowledge the receipt of New 
York's petition. With this notice, NMFS also seeks to emphasize the 
importance of the Council process, and encourage interested parties, 
including the State of New York and New York fishermen, to engage in 
the Council and Commission's development of the Commercial Summer 
Flounder Amendment at upcoming public hearings and Council meetings. 
NMFS will share comments received on this petition with the Council and 
Commission as the comments will likely have direct applicability to the 
allocation alternatives under consideration in the amendment. The 
Council's final commercial amendment will be reviewed by NMFS for 
consistency with the National Standards and other provisions of the 
Magnuson-Stevens Act. If, after completion of the amendment process, 
the state of New York wishes to revisit this petition request, NMFS may 
publish a subsequent notice to initiate rulemaking or formally deny the 
petition request. However, in the interim, NMFS defers to the ongoing 
Council amendment intended to address the current commercial quota 
allocation for summer flounder.

    Dated: July 5, 2018.
Patricia A. Montanio,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 2018-14716 Filed 7-9-18; 8:45 am]
 BILLING CODE 3510-22-P