83 FR 47845 - Fisheries of the Northeastern United States; Scup Fishery; Adjustment to the 2018 Winter II Quota

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 184 (September 21, 2018)

Page Range		47845-47846
FR Document		2018-20624

NMFS adjusts the 2018 Winter II commercial scup quota and per- trip Federal landing limit. This action is intended to comply with Framework Adjustment 3 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan that established the rollover of unused commercial scup quota from the Winter I to Winter II period. This document is intended to inform the public of this quota and trip limit change.

Federal Register, Volume 83 Issue 184 (Friday, September 21, 2018)

[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Rules and Regulations]
[Pages 47845-47846]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20624]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 170828822-70999-02]
RIN 0648-XG475


Fisheries of the Northeastern United States; Scup Fishery; 
Adjustment to the 2018 Winter II Quota

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

ACTION: Temporary rule; inseason adjustment.

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SUMMARY: NMFS adjusts the 2018 Winter II commercial scup quota and per-
trip Federal landing limit. This action is intended to comply with 
Framework Adjustment 3 to the Summer Flounder, Scup, and Black Sea Bass 
Fishery Management Plan that established the rollover of unused 
commercial scup quota from the Winter I to Winter II period. This 
document is intended to inform the public of this quota and trip limit 
change.

DATES: Effective October 1, 2018, through December 31, 2018.

[[Page 47846]]


FOR FURTHER INFORMATION CONTACT: Cynthia Hanson, Fishery Management 
Specialist, (978) 281-9180; or Cynthia.Hanson@noaa.gov.

SUPPLEMENTARY INFORMATION: NMFS published a final rule for Framework 
Adjustment 3 to the Summer Flounder, Scup, and Black Sea Bass Fishery 
Management Plan in the Federal Register on November 3, 2003 (68 FR 
62250), implementing a process to roll over unused Winter I commercial 
scup quota (January 1 through April 30) to be added to the Winter II 
period quota (October 1 through December 31).\1\ The framework also 
allows adjustment of the commercial possession limit for the Winter II 
period dependent on the amount of quota rolled over from the Winter I 
period.
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    \1\ Effective May 21, 2018, the Winter II period start date was 
changed from November 1 to October 1 as a part of Framework 
Adjustment 12 (83 FR 17314; April 19, 2018).
---------------------------------------------------------------------------

    For 2018, the initial Winter II quota is 3,822,816 lb (1,734 mt). 
The best available landings information indicates that 5,943,861 lb 
(2,696 mt) remain of the 10,820,000-lb (4,908-mt) Winter I quota. 
Consistent with Framework 3, the full amount of unused 2018 Winter I 
quota is being transferred to Winter II, resulting in a revised 2018 
Winter II quota of 9,766,677 lb (4,430 mt). Because the amount 
transferred is between 5.5 and 6.0 million lb (2,495 to 2,722 mt), the 
Federal per trip possession limit will increase from 12,000 lb (5.4 mt) 
to 28,500 lb (13 mt), as outlined in the final rule that established 
the possession limit and quota rollover procedures for this year, 
published on December 22, 2017 (82 FR 60682).

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 on this in-season adjustment because it would be 
contrary to the public interest. This action transfers unused quota 
from Winter I Period to the remaining Winter II Period to make it 
accessible to the commercial scup fishery. If implementation of this 
in-season action is delayed to solicit prior public comment, the 
objective of the fishery management plan to achieve the optimum yield 
from the fishery could be compromised. Deteriorating weather conditions 
during the latter part of the fishing year may reduce fishing effort, 
and could also prevent the annual quota from being fully harvested. 
This would conflict with the agency's legal obligation under the 
Magnuson-Stevens Fishery Conservation and Management Act to achieve the 
optimum yield from a fishery on a continuing basis, resulting in a 
negative economic impact on vessels permitted to fish in this fishery. 
Moreover, the rollover process being applied here was the subject of 
notice and comment rulemaking, and the range of potential trip limit 
changes were outlined in the final 2018 scup specifications that were 
published December 22, 2017; which were developed through public notice 
and comment. Based on these considerations, NMFS further finds, 
pursuant to 5 U.S.C. 553(d)(3), good cause to waive the 30-day delayed 
effectiveness period for the reasons stated above.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: September 18, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-20624 Filed 9-20-18; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Rules and Regulations 47845

harvest the full annual U.S. BFT quota release and tag-and-release programs at shortly. Affording prior notice and
without exceeding it based on the goals § 635.26. All BFT that are released must opportunity for public comment to
of the 2006 Consolidated HMS FMP and be handled in a manner that will implement the quota transfer is
Amendment 7, including to achieve maximize their survival, and without impracticable and contrary to the public
optimum yield on a continuing basis removing the fish from the water, interest as such a delay would likely
and to optimize the ability of all permit consistent with requirements at result in exceedance of the General
categories to harvest their full BFT § 635.21(a)(1). For additional category September fishery subquota or
quota allocations (related to information on safe handling, see the earlier closure of the fishery while fish
§ 635.27(a)(8)(x)). Specific to the ‘‘Careful Catch and Release’’ brochure are available on the fishing grounds.
General category, this includes available at www.nmfs.noaa.gov/sfa/ Subquota exceedance may result in the
providing opportunity equitably across hms/. need to reduce quota for the General
all time periods. category later in the year and thus could
Based on the considerations above, Monitoring and Reporting
affect later fishing opportunities.
NMFS is transferring 60 mt of the NMFS will continue to monitor the Therefore, the AA finds good cause
available 78.5 mt of Reserve category BFT fishery closely. Dealers are required under 5 U.S.C. 553(b)(B) to waive prior
quota to the General category for the to submit landing reports within 24 notice and the opportunity for public
September 2018 fishery, resulting in a hours of a dealer receiving BFT. Late comment. For all of the above reasons,
subquota of 183.7 mt for the September reporting by dealers compromises there also is good cause under 5 U.S.C.
2018 fishery and 18.5 mt in the Reserve NMFS’ ability to timely implement 553(d) to waive the 30-day delay in
category. actions such as quota and retention effectiveness.
limit adjustment, as well as closures, This action is being taken under
Closure of the September 2018 General and may result in enforcement actions.
Category Fishery §§ 635.27(a)(9) and 635.28(a)(1), and is
Additionally, and separate from the exempt from review under Executive
Based on the best available bluefin dealer reporting requirement, General Order 12866.
tuna General category landings and HMS Charter/Headboat category
information (i.e., 145.6 mt landed as of vessel owners are required to report the Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
September 17, 2018) as well as average catch of all BFT retained or discarded
catch rates and anticipated fishing dead within 24 hours of the landing(s) Dated: September 18, 2018.
conditions, NMFS projects that the or end of each trip, by accessing Margo B. Schulze-Haugen,
General category September subquota of hmspermits.noaa.gov, using the HMS Acting Director, Office of Sustainable
183.7 mt, as adjusted in this action, will Catch Reporting app, or calling (888) Fisheries, National Marine Fisheries Service.
be reached by September 23, 2018, and 872–8862 (Monday through Friday from [FR Doc. 2018–20603 Filed 9–18–18; 4:15 pm]
that the fishery should be closed to 8 a.m. until 4:30 p.m.). BILLING CODE 3510–22–P
avoid exceedance of the adjusted quota. Depending on the level of fishing
Through this action, we are closing the effort and catch rates of BFT, NMFS
General category bluefin tuna fishery may determine that additional action DEPARTMENT OF COMMERCE
effective 11:30 p.m., September 23, (e.g., quota adjustment, daily retention
2018, through September 30, 2018. The limit adjustment, or closure) is National Oceanic and Atmospheric
fishery will reopen on October 1, 2018, necessary to ensure available subquotas Administration
with a baseline quota of 60.7 mt (72.2 are not exceeded or to enhance
mt under the ICCAT quota rule, if scientific data collection from, and 50 CFR Part 648
finalized as proposed) available for the fishing opportunities in, all geographic [Docket No. 170828822–70999–02]
October through November time period. areas. If needed, subsequent
Therefore, retaining, possessing, or RIN 0648–XG475
adjustments will be published in the
landing large medium or giant BFT by Federal Register. In addition, fishermen Fisheries of the Northeastern United
persons aboard vessels permitted in the may call the Atlantic Tunas Information States; Scup Fishery; Adjustment to
Atlantic tunas General and HMS Line at (978) 281–9260, or access the 2018 Winter II Quota
Charter/Headboat categories must cease hmspermits.noaa.gov, for updates on
at 11:30 p.m. local time on September quota monitoring and inseason AGENCY: National Marine Fisheries
23, 2018. The General category will adjustments. Service (NMFS), National Oceanic and
reopen automatically on October 1, Atmospheric Administration (NOAA),
2018, for the October through November Classification Commerce.
2018 subquota period. This action The Assistant Administrator for ACTION: Temporary rule; inseason
applies to those vessels permitted in the NMFS (AA) finds that it is impracticable adjustment.
General category, as well as to those and contrary to the public interest to
HMS Charter/Headboat permitted provide prior notice of, and an SUMMARY: NMFS adjusts the 2018
vessels with a commercial sale opportunity for public comment on, this Winter II commercial scup quota and
endorsement when fishing action for the following reasons: per-trip Federal landing limit. This
commercially for BFT fishing The regulations implementing the action is intended to comply with
commercially for BFT. For information 2006 Consolidated HMS FMP and Framework Adjustment 3 to the
regarding the HMS Charter/Headboat amendments provide for inseason quota Summer Flounder, Scup, and Black Sea
commercial sale endorsement, see 82 FR transfers and fishery closures to respond Bass Fishery Management Plan that
to the unpredictable nature of BFT established the rollover of unused
daltland on DSKBBV9HB2PROD with RULES

57543, December 6, 2017. The intent of
this closure is to prevent overharvest of availability on the fishing grounds, the commercial scup quota from the Winter
the available General category migratory nature of this species, and the I to Winter II period. This document is
September BFT subquota. regional variations in the BFT fishery. intended to inform the public of this
Fishermen may catch and release (or These fisheries are currently underway quota and trip limit change.
tag and release) BFT of all sizes, subject and the currently available quota for the DATES: Effective October 1, 2018,
to the requirements of the catch-and- subcategory is projected to be reached through December 31, 2018.

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47846 Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Rules and Regulations

FOR FURTHER INFORMATION CONTACT: fishing year may reduce fishing effort, SUPPLEMENTARY INFORMATION: NMFS
Cynthia Hanson, Fishery Management and could also prevent the annual quota manages the groundfish fishery in the
Specialist, (978) 281–9180; or from being fully harvested. This would BSAI exclusive economic zone
Cynthia.Hanson@noaa.gov. conflict with the agency’s legal according to the Fishery Management
SUPPLEMENTARY INFORMATION: NMFS obligation under the Magnuson-Stevens Plan for Groundfish of the Bering Sea
published a final rule for Framework Fishery Conservation and Management and Aleutian Islands Management Area
Adjustment 3 to the Summer Flounder, Act to achieve the optimum yield from (FMP) prepared by the North Pacific
Scup, and Black Sea Bass Fishery a fishery on a continuing basis, resulting Fishery Management Council under
Management Plan in the Federal in a negative economic impact on authority of the Magnuson-Stevens
Register on November 3, 2003 (68 FR vessels permitted to fish in this fishery. Fishery Conservation and Management
62250), implementing a process to roll Moreover, the rollover process being Act. Regulations governing fishing by
over unused Winter I commercial scup applied here was the subject of notice U.S. vessels in accordance with the FMP
quota (January 1 through April 30) to be and comment rulemaking, and the range appear at subpart H of 50 CFR part 600
added to the Winter II period quota of potential trip limit changes were and 50 CFR part 679.
(October 1 through December 31).1 The outlined in the final 2018 scup
The 2018 northern rockfish ITAC
framework also allows adjustment of the specifications that were published
specified for the BSAI is 5,185 metric
commercial possession limit for the December 22, 2017; which were
developed through public notice and tons as established by the final 2018 and
Winter II period dependent on the 2019 harvest specifications for
amount of quota rolled over from the comment. Based on these
considerations, NMFS further finds, groundfish in the BSAI (83 FR 8365,
Winter I period. February 27, 2018).
For 2018, the initial Winter II quota is pursuant to 5 U.S.C. 553(d)(3), good
3,822,816 lb (1,734 mt). The best cause to waive the 30-day delayed In accordance with § 679.20(d)(1)(i),
available landings information indicates effectiveness period for the reasons the Administrator, Alaska Region,
that 5,943,861 lb (2,696 mt) remain of stated above. NMFS, (Regional Administrator) has
the 10,820,000-lb (4,908-mt) Winter I Authority: 16 U.S.C. 1801 et seq. determined that the 2018 northern
quota. Consistent with Framework 3, the rockfish ITAC in the BSAI will soon be
Dated: September 18, 2018. reached. Therefore, the Regional
full amount of unused 2018 Winter I Margo B. Schulze-Haugen,
quota is being transferred to Winter II, Administrator is establishing a directed
Acting Director, Office of Sustainable fishing allowance of 5,000 mt, and is
resulting in a revised 2018 Winter II Fisheries, National Marine Fisheries Service.
quota of 9,766,677 lb (4,430 mt). setting aside the remaining 185 mt as
[FR Doc. 2018–20624 Filed 9–20–18; 8:45 am] bycatch to support other anticipated
Because the amount transferred is
between 5.5 and 6.0 million lb (2,495 to
BILLING CODE 3510–22–P groundfish fisheries. In accordance with
2,722 mt), the Federal per trip § 679.20(d)(1)(iii), the Regional
possession limit will increase from Administrator finds that this directed
DEPARTMENT OF COMMERCE fishing allowance has been reached.
12,000 lb (5.4 mt) to 28,500 lb (13 mt),
as outlined in the final rule that Consequently, NMFS is prohibiting
National Oceanic and Atmospheric
established the possession limit and directed fishing for northern rockfish in
Administration
quota rollover procedures for this year, the BSAI.
published on December 22, 2017 (82 FR 50 CFR Part 679 While this closure is in effect the
60682). maximum retainable amounts at
[Docket No. 170817779–8161–02]
§ 679.20(e) and (f) apply at any time
Classification RIN 0648–XG492 during a trip.
This action is required by 50 CFR part
648 and is exempt from review under Fisheries of the Exclusive Economic Classification
Executive Order 12866. Zone Off Alaska; Northern Rockfish in
This action responds to the best
The Assistant Administrator for the Bering Sea and Aleutian Islands
available information recently obtained
Fisheries, NOAA, finds good cause Management Area
from the fishery. The Assistant
under 5 U.S.C. 553(b)(B) to waive prior AGENCY: National Marine Fisheries Administrator for Fisheries, NOAA
notice and the opportunity for public Service (NMFS), National Oceanic and (AA), finds good cause to waive the
comment on this in-season adjustment Atmospheric Administration (NOAA), requirement to provide prior notice and
because it would be contrary to the Commerce. opportunity for public comment
public interest. This action transfers pursuant to the authority set forth at 5
ACTION: Temporary rule; closure.
unused quota from Winter I Period to U.S.C. 553(b)(B) as such requirement is
the remaining Winter II Period to make SUMMARY: NMFS is prohibiting directed impracticable and contrary to the public
it accessible to the commercial scup fishing for northern rockfish in the interest. This requirement is
fishery. If implementation of this in- Bering Sea and Aleutian Islands impracticable and contrary to the public
season action is delayed to solicit prior management area (BSAI). This action is interest as it would prevent NMFS from
public comment, the objective of the necessary to prevent exceeding the 2018 responding to the most recent fisheries
fishery management plan to achieve the northern rockfish initial total allowable data in a timely fashion and would
optimum yield from the fishery could be catch (ITAC) specified for the BSAI. delay the directed fishery closure of
compromised. Deteriorating weather DATES: Effective 1200 hrs., Alaska local northern rockfish in the BSAI. NMFS
conditions during the latter part of the time (A.l.t.), September 18, 2018,
daltland on DSKBBV9HB2PROD with RULES

was unable to publish a notice
through 2400 hrs., A.l.t., December 31, providing time for public comment
1 Effective May 21, 2018, the Winter II period start
2018. because the most recent, relevant data
date was changed from November 1 to October 1
as a part of Framework Adjustment 12 (83 FR FOR FURTHER INFORMATION CONTACT: only became available as of September
17314; April 19, 2018). Steve Whitney, 907–586–7228. 14, 2018.

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Document Created: 2018-09-21 00:23:55
Document Modified: 2018-09-21 00:23:55

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; inseason adjustment.
Dates		Effective October 1, 2018, through December 31, 2018.
Contact		Cynthia Hanson, Fishery Management Specialist, (978) 281-9180; or [email protected]
FR Citation		83 FR 47845
RIN Number		0648-XG47

83 FR 47845 - Fisheries of the Northeastern United States; Scup Fishery; Adjustment to the 2018 Winter II Quota

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 184 (September 21, 2018)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration