83_FR_40843 83 FR 40684 - Fisheries of the Northeastern United States; Summer Flounder Fishery; 2018 Commercial Quota Harvested for the Commonwealth of Massachusetts

83 FR 40684 - Fisheries of the Northeastern United States; Summer Flounder Fishery; 2018 Commercial Quota Harvested for the Commonwealth of Massachusetts

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 159 (August 16, 2018)

Page Range40684-40684
FR Document2018-17620

NMFS announces that the 2018 summer flounder commercial quota allocated to the Commonwealth of Massachusetts has been harvested. Vessels issued a commercial Federal fisheries permit for the summer flounder fishery may not land summer flounder in Massachusetts for the remainder of calendar year 2018, unless additional quota becomes available through a transfer from another state. Regulations governing the summer flounder fishery require publication of this notification to advise Massachusetts that the quota has been harvested, and to advise vessel and dealer permit holders that no Federal commercial quota is available to land summer flounder in Massachusetts.

Federal Register, Volume 83 Issue 159 (Thursday, August 16, 2018) 
[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Rules and Regulations]
[Page 40684]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17620]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 170828822-70999-02]
RIN 0648-XG392


Fisheries of the Northeastern United States; Summer Flounder 
Fishery; 2018 Commercial Quota Harvested for the Commonwealth of 
Massachusetts

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 2018 summer flounder commercial quota 
allocated to the Commonwealth of Massachusetts has been harvested. 
Vessels issued a commercial Federal fisheries permit for the summer 
flounder fishery may not land summer flounder in Massachusetts for the 
remainder of calendar year 2018, unless additional quota becomes 
available through a transfer from another state. Regulations governing 
the summer flounder fishery require publication of this notification to 
advise Massachusetts that the quota has been harvested, and to advise 
vessel and dealer permit holders that no Federal commercial quota is 
available to land summer flounder in Massachusetts.

DATES: Effective 0001 hours local time, August 14, 2018, through 
December 31, 2018.

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 overall commercial quota for summer flounder in the 2018 
fishing year is 6,436,120 lb (2,919,375 kg) (83 FR 4165, January 30, 
2018). The percent allocated to vessels landing summer flounder in 
Massachusetts is 6.82046 percent, resulting in an initial state 
commercial quota of 438,973 lb (199,115 kg). However, Massachusetts' 
initial 2018 commercial quota was reduced to 404,742 lb (183,588 kg) 
due to a 2017 quota overage of 34,231 lb (15,527 kg). Massachusetts has 
received one quota transfer of 5,450 lb (2,472 kg) from North Carolina 
on March 9, 2018 (83 FR 11146), bringing its commercial quota to 
410,192 lb (186,060 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 notification in the Federal Register advising and notifying 
Federally permitted commercial vessels and dealers that, effective upon 
a specific date, the state's commercial quota has been harvested and no 
commercial quota is available for landing summer flounder in that 
state. The Regional Administrator has determined, based upon dealer 
reports and other available information, that the 2018 Massachusetts 
commercial summer flounder quota will be harvested by August 14, 2018.
    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 local time, August 14, 
2018, landings of summer flounder in Massachusetts by vessels holding 
summer flounder commercial Federal fisheries permits are prohibited for 
the remainder of the 2018 calendar year, unless additional quota 
becomes available through a transfer and is announced in the Federal 
Register. Effective 0001 hours local time, August 14, 2018, federally 
permitted dealers are also notified that they may not purchase summer 
flounder from federally permitted vessels that land in Massachusetts 
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 
under 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 
Massachusetts until January 1, 2019, 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: August 10, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-17620 Filed 8-13-18; 4:15 pm]
 BILLING CODE 3510-22-P

40684 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Rules and Regulations ■ 2. Amend section 552.238–82 by DATES: Effective 0001 hours local time, Administrator has determined no longer revising paragraph (d)(4) to read as August 14, 2018, through December 31, has commercial quota available. follows: 2018. Therefore, effective 0001 hours local FOR FURTHER INFORMATION CONTACT: time, August 14, 2018, landings of 552.238–82 Special Ordering Procedures summer flounder in Massachusetts by for the Acquisition of Order-Level Materials. Cynthia Hanson, (978) 281–9180, or Cynthia.Hanson@noaa.gov. vessels holding summer flounder * * * * * commercial Federal fisheries permits SUPPLEMENTARY INFORMATION: (d) * * * are prohibited for the remainder of the (4) The value of order-level materials Regulations governing the summer flounder fishery are found at 50 CFR 2018 calendar year, unless additional in a task or delivery order, or the quota becomes available through a cumulative value of order-level part 648. The regulations require annual specification of a commercial quota that transfer and is announced in the materials in orders against an FSS BPA Federal Register. Effective 0001 hours is apportioned on a percentage basis awarded under a FSS contract shall not local time, August 14, 2018, federally among the coastal states from Maine exceed 33.33 percent. permitted dealers are also notified that through North Carolina. The process to * * * * * set the annual commercial quota and the they may not purchase summer flounder [FR Doc. 2018–17639 Filed 8–15–18; 8:45 am] from federally permitted vessels that percent allocated to each state is BILLING CODE 6820–61–P described in § 648.102. land in Massachusetts for the remainder The overall commercial quota for of the calendar year, or until additional summer flounder in the 2018 fishing quota becomes available through a DEPARTMENT OF COMMERCE year is 6,436,120 lb (2,919,375 kg) (83 transfer from another state. FR 4165, January 30, 2018). The percent National Oceanic and Atmospheric allocated to vessels landing summer Classification Administration flounder in Massachusetts is 6.82046 This action is required by 50 CFR part percent, resulting in an initial state 648 and is exempt from review under 50 CFR Part 648 commercial quota of 438,973 lb (199,115 Executive Order 12866. [Docket No. 170828822–70999–02] kg). However, Massachusetts’ initial 2018 commercial quota was reduced to The Assistant Administrator for RIN 0648–XG392 404,742 lb (183,588 kg) due to a 2017 Fisheries, NOAA, finds good cause quota overage of 34,231 lb (15,527 kg). under 5 U.S.C. 553(b)(B) to waive prior Fisheries of the Northeastern United notice and the opportunity for public States; Summer Flounder Fishery; Massachusetts has received one quota transfer of 5,450 lb (2,472 kg) from comment because it would be contrary 2018 Commercial Quota Harvested for to the public interest. This action closes the Commonwealth of Massachusetts North Carolina on March 9, 2018 (83 FR 11146), bringing its commercial quota to the commercial summer flounder AGENCY: National Marine Fisheries 410,192 lb (186,060 kg). fishery for Massachusetts until January Service (NMFS), National Oceanic and The NMFS Administrator for the 1, 2019, under current regulations. The Atmospheric Administration (NOAA), Greater Atlantic Region (Regional regulations at § 648.103(b) require such Commerce. Administrator), monitors the state action to ensure that summer flounder commercial landings and determines vessels do not exceed quotas allocated ACTION: Temporary rule; closure. when a state’s commercial quota has to the states. If implementation of this SUMMARY: NMFS announces that the been harvested. NMFS is required to closure was delayed to solicit prior 2018 summer flounder commercial publish notification in the Federal public comment, the quota for this quota allocated to the Commonwealth of Register advising and notifying fishing year will be exceeded, thereby Massachusetts has been harvested. Federally permitted commercial vessels undermining the conservation Vessels issued a commercial Federal and dealers that, effective upon a objectives of the Summer Flounder fisheries permit for the summer specific date, the state’s commercial Fishery Management Plan. The flounder fishery may not land summer quota has been harvested and no Assistant Administrator further finds, flounder in Massachusetts for the commercial quota is available for pursuant to 5 U.S.C. 553(d)(3), good remainder of calendar year 2018, unless landing summer flounder in that state. cause to waive the 30-day delayed additional quota becomes available The Regional Administrator has effectiveness period for the reason through a transfer from another state. determined, based upon dealer reports stated above. Regulations governing the summer and other available information, that the Authority: 16 U.S.C. 1801 et seq. flounder fishery require publication of 2018 Massachusetts commercial Dated: August 10, 2018. this notification to advise Massachusetts summer flounder quota will be that the quota has been harvested, and harvested by August 14, 2018. Jennifer M. Wallace, to advise vessel and dealer permit Section 648.4(b) provides that Federal Acting Director, Office of Sustainable holders that no Federal commercial permit holders agree, as a condition of Fisheries, National Marine Fisheries Service. quota is available to land summer the permit, not to land summer flounder [FR Doc. 2018–17620 Filed 8–13–18; 4:15 pm] flounder in Massachusetts. in any state that the Regional BILLING CODE 3510–22–P sradovich on DSK3GMQ082PROD with RULES VerDate Sep<11>2014 15:45 Aug 15, 2018 Jkt 244001 PO 00000 Frm 00032 Fmt 4700 Sfmt 9990 E:\FR\FM\16AUR1.SGM 16AUR1


Document Created: 2018-08-16 01:02:53
Document Modified: 2018-08-16 01:02:53
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 local time, August 14, 2018, through December 31, 2018.
ContactCynthia Hanson, (978) 281-9180, or [email protected]
FR Citation83 FR 40684 
RIN Number0648-XG39
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