83_FR_5763 83 FR 5735 - Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer

83 FR 5735 - Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 28 (February 9, 2018)

Page Range5735-5736
FR Document2018-02660

NMFS announces that the State of North Carolina is transferring a portion of its 2018 commercial summer flounder quota to the State of Rhode Island. This quota adjustment is 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 commercial quotas for North Carolina and Rhode Island.

Federal Register, Volume 83 Issue 28 (Friday, February 9, 2018)
[Federal Register Volume 83, Number 28 (Friday, February 9, 2018)]
[Rules and Regulations]
[Pages 5735-5736]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02660]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 170828822-70999-02]
RIN 0648-XG001


Fisheries of the Northeastern United States; Summer Flounder 
Fishery; Quota Transfer

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

ACTION: Temporary rule; quota transfer.

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SUMMARY: NMFS announces that the State of North Carolina is 
transferring a portion of its 2018 commercial summer flounder quota to 
the State of Rhode Island. This quota adjustment is 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 commercial quotas for North Carolina and Rhode Island.

[[Page 5736]]


DATES: Effective February 6, 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 2018 allocations 
were published on December 22, 2017 (82 FR 60682), and corrected 
January 30, 2018 (83 FR 4165).
    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.
    North Carolina is transferring 5,008 lb (2,272 kg) of summer 
flounder commercial quota to Rhode Island. This transfer was requested 
to repay landings by North Carolina-permitted vessels that landed in 
Rhode Island under safe harbor agreements. The revised summer flounder 
quotas for calendar year 2018 are now: North Carolina, 1,761,439 lb 
(798,975 kg); and Rhode Island, 1,001,381 lb (454,219 kg); based on the 
initial quotas published in the 2018 Summer Flounder, Scup, and Black 
Sea Bass Specifications and subsequent adjustments.

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: February 6, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-02660 Filed 2-6-18; 4:15 pm]
BILLING CODE 3510-22-P



                                                                   Federal Register / Vol. 83, No. 28 / Friday, February 9, 2018 / Rules and Regulations                                                       5735

                                              Therefore, we conclude that critical                          accordance with Secretarial Order 3206                   www.regulations.gov under Docket
                                              habitat is not determinable for the Texas                     of June 5, 1997 (American Indian Tribal                  Number FWS–R2–ES–2016–0077.
                                              hornshell at this time.                                       Rights, Federal-Tribal Trust
                                                                                                                                                                     Authors
                                                                                                            Responsibilities, and the Endangered
                                              Required Determinations                                                                                                  The primary authors of this final rule
                                                                                                            Species Act), we readily acknowledge
                                              National Environmental Policy Act (42                         our responsibilities to work directly                    are the staff members of the Texas
                                              U.S.C. 4321 et seq.)                                          with tribes in developing programs for                   Coastal Ecological Services Field Office.
                                                                                                            healthy ecosystems, to acknowledge that                  List of Subjects in 50 CFR Part 17
                                                 We have determined that
                                                                                                            tribal lands are not subject to the same
                                              environmental assessments and                                                                                            Endangered and threatened species,
                                                                                                            controls as Federal public lands, to
                                              environmental impact statements, as                                                                                    Exports, Imports, Reporting and
                                                                                                            remain sensitive to Indian culture, and
                                              defined under the authority of the                                                                                     recordkeeping requirements,
                                                                                                            to make information available to tribes.
                                              National Environmental Policy Act                                                                                      Transportation.
                                              (NEPA; 42 U.S.C. 4321 et seq.), need not                         The Kickapoo Indian Reservation of
                                              be prepared in connection with listing                        Texas owns 1.3 km (0.8 mi) adjacent to                   Regulation Promulgation
                                              a species as an endangered or                                 the Rio Grande, downstream of Eagle                        Accordingly, we amend part 17,
                                              threatened species under the                                  Pass, Texas. We sent notification letters                subchapter B of chapter I, title 50 of the
                                              Endangered Species Act. We published                          to the tribe on August 10, 2016, and                     Code of Federal Regulations, as follows:
                                              a notice outlining our reasons for this                       June 1, 2017, inviting their review and
                                              determination in the Federal Register                         comment on the proposed rule. We did                     PART 17—ENDANGERED AND
                                              on October 25, 1983 (48 FR 49244).                            not receive a response. We also sent                     THREATENED WILDLIFE AND PLANTS
                                                                                                            notification letters on August 10, 2016,
                                              Government-to-Government                                      to the following tribes with interests in                ■ 1. The authority citation for part 17
                                              Relationship With Tribes                                      the Black and Delaware River                             continues to read as follows:
                                                In accordance with the President’s                          watersheds: Comanche, Hopi, Isleta,                        Authority: 16 U.S.C. 1361–1407; 1531–
                                              memorandum of April 29, 1994                                  Mescalero Apache, Oklahoma Apache,                       1544; and 4201–4245; unless otherwise
                                              (Government-to-Government Relations                           Tesuque, and Ysleta del Sur tribes, and                  noted.
                                              with Native American Tribal                                   we did not receive a response.
                                                                                                                                                                     ■ 2. Amend § 17.11(h) by adding an
                                              Governments; 59 FR 22951), Executive                          References Cited                                         entry for ‘‘Hornshell, Texas’’ to the List
                                              Order 13175 (Consultation and                                                                                          of Endangered and Threatened Wildlife
                                              Coordination With Indian Tribal                                 A complete list of references cited is                 in alphabetical order under CLAMS to
                                              Governments), and the Department of                           available in Appendix A of the SSA                       read as follows:
                                              the Interior’s manual at 512 DM 2, we                         report (U.S. Fish and Wildlife Service.
                                              readily acknowledge our responsibility                        2018. Species status assessment report                   § 17.11 Endangered and threatened
                                              to communicate meaningfully with                              for the Texas hornshell (Popenaias                       wildlife.
                                              recognized Federal Tribes on a                                popeii), Version 1.2. Albuquerque, NM),                  *       *    *       *    *
                                              government-to-government basis. In                            available online at http://                                  (h) * * *

                                                   Common name                           Scientific name               Where listed                   Status              Listing citations and applicable rules


                                                         *                           *                        *                       *                        *                      *                    *

                                                                                                                                  CLAMS


                                                       *                            *                       *                 *                                *                    *                  *
                                              Hornshell, Texas ............       Popenaias popeii ......... Wherever found ...........                         E   83 FR [insert Federal Register page where the
                                                                                                                                                                      document begins], 2/9/2018.

                                                         *                           *                        *                       *                        *                      *                    *



                                              *      *       *       *        *                             DEPARTMENT OF COMMERCE                                   Atmospheric Administration (NOAA),
                                                Dated: December 19, 2017.                                                                                            Commerce.
                                                                                                            National Oceanic and Atmospheric
                                              James W. Kurth,                                               Administration                                           ACTION:   Temporary rule; quota transfer.
                                              Deputy Director, U.S. Fish and Wildlife
                                              Service, Exercising the Authority of the                      50 CFR Part 648                                          SUMMARY:   NMFS announces that the
                                              Director for the U.S. Fish and Wildlife Service.                                                                       State of North Carolina is transferring a
                                              [FR Doc. 2018–02672 Filed 2–8–18; 8:45 am]
                                                                                                            [Docket No. 170828822–70999–02]
                                                                                                                                                                     portion of its 2018 commercial summer
                                              BILLING CODE 4333–15–P                                                                                                 flounder quota to the State of Rhode
                                                                                                                                                                     Island. This quota adjustment is
                                                                                                            RIN 0648–XG001
sradovich on DSK3GMQ082PROD with RULES




                                                                                                                                                                     necessary to comply with the Summer
                                                                                                            Fisheries of the Northeastern United                     Flounder, Scup, and Black Sea Bass
                                                                                                            States; Summer Flounder Fishery;                         Fishery Management Plan quota transfer
                                                                                                            Quota Transfer                                           provisions. This announcement informs
                                                                                                                                                                     the public of the revised commercial
                                                                                                            AGENCY:  National Marine Fisheries                       quotas for North Carolina and Rhode
                                                                                                            Service (NMFS), National Oceanic and                     Island.


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                                              5736               Federal Register / Vol. 83, No. 28 / Friday, February 9, 2018 / Rules and Regulations

                                              DATES: Effective February 6, 2018,                      DEPARTMENT OF COMMERCE                                one inseason adjustment (82 FR 60327,
                                              through December 31, 2018.                                                                                    December 20, 2017).
                                                                                                      National Oceanic and Atmospheric                         In accordance with § 680.22(e)(2)(i),
                                              FOR FURTHER INFORMATION CONTACT:
                                                                                                      Administration                                        the Administrator, Alaska Region,
                                              Cynthia Hanson, Fishery Management
                                              Specialist, (978) 281–9180.                                                                                   NMFS (Regional Administrator) has
                                                                                                      50 CFR Part 679                                       determined that the A season allowance
                                              SUPPLEMENTARY INFORMATION:                                                                                    of the 2018 Pacific cod sideboard limit
                                                                                                      [Docket No. 160920866–7167–02]
                                              Regulations governing the summer                                                                              established for non-AFA crab vessels
                                              flounder fishery are found in 50 CFR                    RIN 0648–XF940                                        that are operating as CVs using pot gear
                                              648.100 through 648.110. These                                                                                in the Central Regulatory Area of the
                                              regulations require annual specification                Fisheries of the Exclusive Economic                   GOA will soon be reached. Therefore,
                                              of a commercial quota that is                           Zone Off Alaska; Pacific Cod by Non-                  the Regional Administrator is
                                              apportioned among the coastal states                    American Fisheries Act Crab Vessels                   establishing a sideboard directed fishing
                                              from Maine through North Carolina. The                  Operating as Catcher Vessels Using                    allowance of 164 mt, and is setting aside
                                              process to set the annual commercial                    Pot Gear in the Central Regulatory                    the remaining 10 mt as bycatch to
                                              quota and the percent allocated to each                 Area of the Gulf of Alaska                            support other anticipated groundfish
                                              state is described in § 648.102, and the                AGENCY:  National Marine Fisheries                    fisheries. In accordance with
                                              initial 2018 allocations were published                 Service (NMFS), National Oceanic and                  § 680.22(e)(3), the Regional
                                              on December 22, 2017 (82 FR 60682),                     Atmospheric Administration (NOAA),                    Administrator finds that this sideboard
                                              and corrected January 30, 2018 (83 FR                   Commerce.                                             directed fishing allowance has been
                                              4165).                                                                                                        reached. Consequently, NMFS is
                                                                                                      ACTION: Temporary rule; closure.
                                                 The final rule implementing                                                                                prohibiting directed fishing for Pacific
                                              Amendment 5 to the Summer Flounder                      SUMMARY:   NMFS is prohibiting directed               cod by non-AFA crab vessels that are
                                              Fishery Management Plan, as published                   fishing for Pacific cod by non-American               operating as CVs using pot gear in the
                                              in the Federal Register on December 17,                 Fisheries Act (AFA) crab vessels that are             Central Regulatory Area of the GOA.
                                              1993 (58 FR 65936), provided a                          subject to sideboard limits, and                         After the effective date of this closure
                                              mechanism for transferring summer                       operating as catcher vessels (CVs) using              the maximum retainable amounts at
                                              flounder commercial quota from one                      pot gear, in the Central Regulatory Area              § 679.20(e) and (f) apply at any time
                                              state to another. Two or more states,                   of the Gulf of Alaska (GOA). This action              during a trip.
                                              under mutual agreement and with the                     is necessary to prevent exceeding the A
                                                                                                                                                            Classification
                                              concurrence of the NMFS Greater                         season allowance of the 2018 Pacific
                                              Atlantic Regional Administrator, can                    cod sideboard limit established for non-                 This action responds to the best
                                              transfer or combine summer flounder                     AFA crab vessels that are operating as                available information recently obtained
                                              commercial quota under § 648.102(c)(2).                 CVs using pot gear in the Central                     from the fishery. The Assistant
                                              The Regional Administrator is required                  Regulatory Area of the GOA.                           Administrator for Fisheries, NOAA
                                              to consider the criteria in                             DATES: Effective 1200 hours, Alaska                   (AA), finds good cause to waive the
                                              § 648.102(c)(2)(i)(A) through (C) in the                local time (A.l.t.), February 6, 2018,                requirement to provide prior notice and
                                              evaluation of requests for quota transfers              through 1200 hours, A.l.t., June 10,                  opportunity for public comment
                                              or combinations.                                        2018.                                                 pursuant to the authority set forth at 5
                                                 North Carolina is transferring 5,008 lb                                                                    U.S.C. 553(b)(B) as such requirement is
                                                                                                      FOR FURTHER INFORMATION CONTACT:
                                              (2,272 kg) of summer flounder                                                                                 impracticable and contrary to the public
                                                                                                      Obren Davis, 907–586–7228.
                                              commercial quota to Rhode Island. This                                                                        interest. This requirement is
                                                                                                      SUPPLEMENTARY INFORMATION:     NMFS                   impracticable and contrary to the public
                                              transfer was requested to repay landings
                                                                                                      manages the groundfish fishery in the                 interest as it would prevent NMFS from
                                              by North Carolina-permitted vessels that
                                                                                                      GOA exclusive economic zone                           responding to the most recent fisheries
                                              landed in Rhode Island under safe
                                                                                                      according to the Fishery Management                   data in a timely fashion and would
                                              harbor agreements. The revised summer
                                                                                                      Plan for Groundfish of the Gulf of                    delay the sideboard directed fishing
                                              flounder quotas for calendar year 2018
                                                                                                      Alaska (FMP) prepared by the North                    closure of Pacific cod for non-AFA crab
                                              are now: North Carolina, 1,761,439 lb
                                                                                                      Pacific Fishery Management Council                    vessels that are subject to sideboard
                                              (798,975 kg); and Rhode Island,
                                                                                                      under authority of the Magnuson-                      limits, and that are operating as CVs
                                              1,001,381 lb (454,219 kg); based on the
                                                                                                      Stevens Fishery Conservation and                      using pot gear in the Central Regulatory
                                              initial quotas published in the 2018
                                                                                                      Management Act. Regulations governing                 Area of the GOA. NMFS was unable to
                                              Summer Flounder, Scup, and Black Sea
                                                                                                      fishing by U.S. vessels in accordance                 publish a notice providing time for
                                              Bass Specifications and subsequent
                                                                                                      with the FMP appear at subpart H of 50                public comment because the most
                                              adjustments.
                                                                                                      CFR part 600 and 50 CFR part 679.                     recent, relevant data only became
                                              Classification                                          Regulations governing sideboard                       available as of February 5, 2018.
                                                                                                      protections for GOA groundfish
                                                This action is taken under 50 CFR                                                                              The AA also finds good cause to
                                                                                                      fisheries appear at subpart B of 50 CFR
                                              part 648 and is exempt from review                                                                            waive the 30-day delay in the effective
                                                                                                      part 680.
                                              under Executive Order 12866.                                                                                  date of this action under 5 U.S.C.
                                                                                                         The A season allowance of the 2018
                                                                                                                                                            553(d)(3). This finding is based upon
                                                 Authority: 16 U.S.C. 1801 et seq.                    Pacific cod sideboard limit established
                                                                                                                                                            the reasons provided above for waiver of
sradovich on DSK3GMQ082PROD with RULES




                                                                                                      for non-AFA crab vessels, and that are
                                                Dated: February 6, 2018.                                                                                    prior notice and opportunity for public
                                                                                                      operating as CVs using pot gear in the
                                              Jennifer M. Wallace,                                                                                          comment.
                                                                                                      Central Regulatory Area of the GOA, is
                                              Acting Director, Office of Sustainable                  174 metric tons (mt), as established by                  This action is required by § 680.22
                                              Fisheries, National Marine Fisheries Service.           the final 2017 and 2018 harvest                       and is exempt from review under
                                              [FR Doc. 2018–02660 Filed 2–6–18; 4:15 pm]              specifications for groundfish of the GOA              Executive Order 12866.
                                              BILLING CODE 3510–22–P                                  (82 FR 12032, February 27, 2017) and                    Authority: 16 U.S.C. 1801 et seq.



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Document Created: 2018-02-09 00:12:04
Document Modified: 2018-02-09 00:12:04
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; quota transfer.
DatesEffective February 6, 2018, through December 31, 2018.
ContactCynthia Hanson, Fishery Management Specialist, (978) 281-9180.
FR Citation83 FR 5735 
RIN Number0648-XG00

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