83 FR 3405 - Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfers
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 17 (January 25, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 17 (January 25, 2018)
| Page Range | 3405-3406 | |
| FR Document | 2018-01376 |
[Federal Register Volume 83, Number 17 (Thursday, January 25, 2018)] [Rules and Regulations] [Pages 3405-3406] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01376] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 161017970-6999-02] RIN 0648-XF937 Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfers AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; quota transfers. ----------------------------------------------------------------------- SUMMARY: NMFS announces two retroactive commercial summer flounder quota transfers for the 2017 fishing year. The State of New York is transferring a portion of its quota to the State of New Jersey, and the State of North Carolina is transferring quota to the Commonwealth of Virginia. These quota adjustments are 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 2017 commercial quotas for New York, New Jersey, North Carolina, and Virginia. DATES: Effective January 24, 2018, through December 31, 2018. 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. This action includes two transfers of fishing year 2017 summer flounder commercial quota: New York is transferring 384 lb (174 kg) of quota to New Jersey; North Carolina is transferring 11,902 lb (5,399 kg) of quota to Virginia. Both of these transfers were requested to repay landings made in the receiving states under a safe harbor agreement. The revised summer flounder quotas for calendar year 2017 are now: New York, 435,380 lb (197,485 kg); New Jersey, 946,516 lb (429,332 kg); North Carolina, 1,524,791 lb (691,634 kg); and Virginia, 1,228,191 lb (557,098 kg); based on the initial quotas published in the 2017 Summer Flounder, Scup, and Black Sea Bass Specifications and subsequent transfers. The 2017 fishing year ended December 31, 2017. The revised 2017 [[Page 3406]] quotas will be used by NMFS in the ongoing quota accounting that is finalized in late 2018. These transfers were requested as a result of unforeseeable late-season events. Specifically, two landing events where vessels were granted safe harbor too late in the year to publish notice in 2017. 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: January 19, 2018. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-01376 Filed 1-24-18; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Rules and Regulations 3405
procedures and criteria, the state of Act because the temporary rule is issued State of New Jersey, and the State of
Georgia has determined that unusually without opportunity for prior notice and North Carolina is transferring quota to
cold temperatures have occurred and comment. the Commonwealth of Virginia. These
that state water temperatures have been This action responds to the best quota adjustments are necessary to
9 °C (48 °F), or less, for at least 7 scientific information available recently comply with the Summer Flounder,
consecutive days and that these cold obtained from the fishery. The Assistant Scup, and Black Sea Bass Fishery
weather conditions pose a risk to the Administrator for Fisheries, NOAA, Management Plan quota transfer
condition and vulnerability of (AA), finds that the need to immediately provisions. This announcement informs
overwintering white shrimp populations implement this action to close the EEZ the public of the revised 2017
in its state waters. Georgia closed its off Georgia to trawling for penaeid commercial quotas for New York, New
waters on January 15, 2018, to the shrimp constitutes good cause to waive Jersey, North Carolina, and Virginia.
harvest of brown, pink, and white the requirements to provide prior notice DATES: Effective January 24, 2018,
shrimp, and has requested that NMFS and opportunity for public comment through December 31, 2018.
implement a concurrent closure of the pursuant to the authority set forth in 5 FOR FURTHER INFORMATION CONTACT:
EEZ off Georgia. In accordance with the U.S.C. 553(b)(B), as such procedures Cynthia Hanson, Fishery Management
procedures described in the FMP, the would be unnecessary because the rule Specialist, (978) 281–9180.
state of Georgia submitted a letter to the itself has been subject to notice and
SUPPLEMENTARY INFORMATION:
NMFS Regional Administrator (RA) on comment, and all that remains is to
January 17, 2018, requesting that NMFS Regulations governing the summer
notify the public of the closure.
close the EEZ adjacent to Georgia to Providing prior notice and flounder fishery are found in 50 CFR
penaeid shrimp harvest as a result of opportunity for public comment also is 648.100 through 648.110. These
severe cold weather conditions. contrary to the public interest because regulations require annual specification
NMFS has determined that the of the need to immediately implement of a commercial quota that is
recommended Federal closure conforms this action to protect the spawning stock apportioned among the coastal states
with the procedures and criteria of white shrimp off Georgia. Prior notice from Maine through North Carolina. The
specified in the FMP and the Magnuson- and opportunity for public comment process to set the annual commercial
Stevens Act, and, therefore, implements would require time and would quota and the percent allocated to each
the Federal closure effective January 24, potentially further harm the spawning state is described in § 648.102, and the
2018. The closure will be effective until stock that has been impacted due to initial 2017 allocations were published
the ending date of the closure in Georgia cold weather. on December 22, 2016 (81 FR 93842).
state waters, but may be ended earlier For the aforementioned reasons, the The final rule implementing
based on a request from the state. NMFS AA also finds good cause to waive the Amendment 5 to the Summer Flounder
will terminate the closure of the EEZ by 30-day delay in effectiveness of this Fishery Management Plan, as published
filing a notification to that effect with action under 5 U.S.C. 553(d)(3). in the Federal Register on December 17,
the Office of the Federal Register. 1993 (58 FR 65936), provided a
Authority: 16 U.S.C. 1801 et seq. mechanism for transferring summer
During the closure, as specified in 50
CFR 622.206(a)(2), no person may: (1) Dated: January 22, 2018. flounder commercial quota from one
Trawl for brown, pink, or white shrimp Samuel D. Rauch III, state to another. Two or more states,
in the EEZ off Georgia; (2) possess on Deputy Assistant Administrator for under mutual agreement and with the
board a fishing vessel brown, pink, or Regulatory Programs, National Marine concurrence of the NMFS Greater
white shrimp in or from the EEZ off Fisheries Service. Atlantic Regional Administrator, can
Georgia unless the vessel is in transit [FR Doc. 2018–01386 Filed 1–24–18; 8:45 am] transfer or combine summer flounder
through the area and all nets with a BILLING CODE 3510–22–P commercial quota under § 648.102(c)(2).
mesh size of less than 4 inches (10.2 The Regional Administrator is required
cm), as measured between the centers of to consider the criteria in
opposite knots when pulled taut, are DEPARTMENT OF COMMERCE § 648.102(c)(2)(i)(A) through (C) in the
stowed below deck; or (3) for a vessel evaluation of requests for quota transfers
trawling within 25 nautical miles of the National Oceanic and Atmospheric or combinations.
baseline from which the territorial sea is Administration This action includes two transfers of
measured, use or have on board a trawl fishing year 2017 summer flounder
net with a mesh size less than 4 inches 50 CFR Part 648 commercial quota: New York is
(10.2 cm), as measured between the [Docket No. 161017970–6999–02] transferring 384 lb (174 kg) of quota to
centers of opposite knots when pulled New Jersey; North Carolina is
RIN 0648–XF937 transferring 11,902 lb (5,399 kg) of quota
taut.
to Virginia. Both of these transfers were
Classification Fisheries of the Northeastern United requested to repay landings made in the
States; Summer Flounder Fishery; receiving states under a safe harbor
The Regional Administrator for the
Quota Transfers agreement. The revised summer
NMFS Southeast Region has determined
this temporary rule is necessary for the AGENCY: National Marine Fisheries flounder quotas for calendar year 2017
conservation and management of the Service (NMFS), National Oceanic and are now: New York, 435,380 lb (197,485
spawning stock of white shrimp off Atmospheric Administration (NOAA), kg); New Jersey, 946,516 lb (429,332 kg);
Georgia and is consistent with the FMP, Commerce. North Carolina, 1,524,791 lb (691,634
sradovich on DSK3GMQ082PROD with RULES
the Magnuson-Stevens Act and other ACTION: Temporary rule; quota transfers. kg); and Virginia, 1,228,191 lb (557,098
applicable laws. kg); based on the initial quotas
This action is taken under 50 CFR SUMMARY: NMFS announces two published in the 2017 Summer
622.206(a) and is exempt from review retroactive commercial summer Flounder, Scup, and Black Sea Bass
under Executive Order 12866. flounder quota transfers for the 2017 Specifications and subsequent transfers.
These measures are exempt from the fishing year. The State of New York is The 2017 fishing year ended
procedures of the Regulatory Flexibility transferring a portion of its quota to the December 31, 2017. The revised 2017
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![3406 Federal Register / Vol. 83, No. 17 / Thursday, January 25, 2018 / Rules and Regulations
quotas will be used by NMFS in the vessels were granted safe harbor too late Authority: 16 U.S.C. 1801 et seq.
ongoing quota accounting that is in the year to publish notice in 2017. Dated: January 19, 2018.
finalized in late 2018. These transfers Emily H. Menashes,
Classification
were requested as a result of Acting Director, Office of Sustainable
unforeseeable late-season events. This action is taken under 50 CFR Fisheries, National Marine Fisheries Service.
Specifically, two landing events where part 648 and is exempt from review [FR Doc. 2018–01376 Filed 1–24–18; 8:45 am]
under Executive Order 12866. BILLING CODE 3510–22–P
sradovich on DSK3GMQ082PROD with RULES
VerDate Sep<11>2014 16:01 Jan 24, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4700 Sfmt 9990 E:\FR\FM\25JAR1.SGM 25JAR1](https://thefederalregister.org/doc/83_FR_3422/page/2.svg)
Document Created: 2018-01-25 08:50:32
Document Modified: 2018-01-25 08:50:32
| 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 transfers. | |
| Dates | Effective January 24, 2018, through December 31, 2018. | |
| Contact | Cynthia Hanson, Fishery Management Specialist, (978) 281-9180. | |
| FR Citation | 83 FR 3405 | |
| RIN Number | 0648-XF93 |
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