Fisheries of the Northeastern United States; Summer Flounder Fishery; Commercial Quota Harvested for the Commonwealth of Massachusetts, 52262-52263 [2012-21255]
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Federal Register / Vol. 77, No. 168 / Wednesday, August 29, 2012 / Rules and Regulations
to correct or mitigate the ACL if an
overage occurs.
On December 30, 2010, NMFS issued
a final rule (75 FR 82280) to implement
Amendment 17B to the FMP
(Amendment 17B). The final rule for
Amendment 17B established ACLs for
eight snapper-grouper species in the
FMP that are undergoing overfishing,
including black sea bass, and AMs if
these ACLs are reached or exceeded.
The recreational ACL for black sea bass
is 409,000 lb (185,519 kg), gutted
weight.
On June 1, 2012, NMFS issued a final
rule (77 FR 32408) to implement
Amendment 18A to the FMP
(Amendment 18A). In part, the final rule
for Amendment 18A modified the
recreational sector AMs for black sea
bass. The AMs described at 50 CFR
622.49(b)(5)(ii) require NMFS to close
the recreational sector for black sea bass
when the recreational ACL is reached,
or is projected to be reached by filing a
notification to that effect with the Office
of the Federal Register. Based on the
best scientific information available,
NMFS has determined that the black sea
bass recreational ACL of 409,000 lb
(185,519 kg), gutted weight; 482,620 lb
(218,913 kg), round weight, has been
reached. Accordingly, NMFS is
implementing the necessary AM to close
the black sea bass recreational sector in
the South Atlantic EEZ at 12:01 a.m.,
local time, on September 4, 2012, for the
remainder of the 2012–2013 fishing
year, from 35°15.19′ N. lat., the latitude
of Cape Hatteras Light, North Carolina,
south to the boundary between the
South Atlantic and Gulf Councils, as
previously described in this temporary
rule.
On, and after, the effective date of the
closure, the recreational bag and
possession limit of black sea bass in or
from the South Atlantic EEZ is zero.
This zero bag and possession limit also
applies in the South Atlantic on board
a vessel for which a valid Federal
charter vessel/headboat permit for
South Atlantic snapper-grouper has
been issued, without regard to where
such species were harvested, i.e., in
state or Federal waters. The black sea
bass recreational sector will reopen on
June 1, 2013, the start of the 2013–2014
recreational fishing season.
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Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
necessary for the conservation and
management of the South Atlantic black
sea bass component of the South
Atlantic snapper-grouper fishery and is
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17:09 Aug 28, 2012
Jkt 226001
consistent with the Magnuson-Stevens
Act and other applicable laws.
The temporary rule has been
determined to be not significant for
purposes of Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because this temporary rule is
issued without opportunity for prior
notice and comment.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive the requirements
to provide prior notice and opportunity
for public comment on this temporary
rule. Such procedures are unnecessary
because the AMs established by
Amendment 18A and located at 50 CFR
622.49(b)(5)(ii) have already been
subject to notice and comment and
authorize the Assistant Administrator
for Fisheries, NOAA, (AA) to file a
notification with the Office of the
Federal Register to close the recreational
sector for black sea bass for the
remainder of the fishing year, if
recreational landings for black sea bass,
reach or are projected to reach the
recreational sector ACL. All that
remains is to notify the public of the
closure of the recreational sector for
black sea bass for the remainder of the
2012–2013 fishing year.
Additionally, there is a need to
immediately notify the public of the
closure of the black sea bass recreational
sector because South Atlantic black sea
bass are undergoing overfishing and
there is a 10-year rebuilding plan in
place. Failure to close the recreational
harvest of black sea bass in a timely
fashion could result in negative
biological effects and affect the
rebuilding plan for black sea bass within
the timeline specified by the MagnusonStevens Act. The current ACL is
projected to have been met at this time
and the delay in effectiveness of the
actual closure date is solely to allow for
sufficient notice to the recreational
sector, including private and for-hire
fishers.
To allow for adequate notice to the
fishers while simultaneously protecting
the black sea bass resource, this
temporary rule provides notice to the
public prior to the closure of
recreational black sea bass to minimize
disruption to the activities of the
recreational sector. This notice will
provide time to schedule and prepare
for trips and to purchase the appropriate
amount of supplies.
Therefore, the timing for this
temporary rule is intended to maximize
the biological benefits to the resource
while attempting to minimize the
negative economic harm to fishermen.
For the aforementioned reasons, the
AA also finds good cause to waive the
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Fmt 4700
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30-day delay in the effectiveness of this
action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: August 24, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–21307 Filed 8–24–12; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 111220786–1781–01]
RIN 0648–XC176
Fisheries of the Northeastern United
States; Summer Flounder Fishery;
Commercial Quota Harvested for the
Commonwealth of Massachusetts
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS announces that the
2012 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 2012, 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 permit holders and dealer
permit holders that no Federal
commercial quota is available for
landing summer flounder in
Massachusetts.
SUMMARY:
Effective at 0001 hr local time,
August 28, 2012, through 2400 hr local
time December 31, 2012.
FOR FURTHER INFORMATION CONTACT:
Carly Bari, (978) 281–9224, or
Carly.Bari@noaa.gov.
DATES:
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 North
Carolina through Maine. The process to
set the annual commercial quota and the
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Federal Register / Vol. 77, No. 168 / Wednesday, August 29, 2012 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
percent allocated to each state is
described in § 648.102.
The initial total commercial quota for
summer flounder for the 2012 fishing
year is 13,136,001 lb (5,958,490 kg) (76
FR 82189, December 30, 2011). The
percent allocated to vessels landing
summer flounder in Massachusetts is
6.82046 percent, resulting in a
commercial quota of 895,936 lb (406,396
kg). The 2012 allocation was reduced to
868,226 lb (393,827 kg) after deduction
of research set-aside and adjustment for
2011 quota overages.
The Administrator, Northeast Region,
NMFS (Regional Administrator),
monitors the state commercial quotas
and determines when a state’s
commercial quota has been harvested.
NMFS is required to publish
notification in the Federal Register
advising and notifying commercial
vessels and dealer permit holders that,
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17:09 Aug 28, 2012
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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
Massachusetts has harvested its quota
for 2012.
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, August
28, 2012, landings of summer flounder
in Massachusetts by vessels holding
summer flounder commercial Federal
fisheries permits are prohibited for the
remainder of the 2012 calendar year,
unless additional quota becomes
available through a transfer and is
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Fmt 4700
Sfmt 9990
52263
announced in the Federal Register.
Effective 0001 hours, August 28, 2012,
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.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 23, 2012.
Emily H. Menashes,
Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–21255 Filed 8–24–12; 11:15 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 77, Number 168 (Wednesday, August 29, 2012)]
[Rules and Regulations]
[Pages 52262-52263]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21255]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 111220786-1781-01]
RIN 0648-XC176
Fisheries of the Northeastern United States; Summer Flounder
Fishery; 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.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the 2012 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 2012, 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 permit holders and dealer permit holders that no Federal
commercial quota is available for landing summer flounder in
Massachusetts.
DATES: Effective at 0001 hr local time, August 28, 2012, through 2400
hr local time December 31, 2012.
FOR FURTHER INFORMATION CONTACT: Carly Bari, (978) 281-9224, or
Carly.Bari@noaa.gov.
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 North Carolina through Maine. The
process to set the annual commercial quota and the
[[Page 52263]]
percent allocated to each state is described in Sec. 648.102.
The initial total commercial quota for summer flounder for the 2012
fishing year is 13,136,001 lb (5,958,490 kg) (76 FR 82189, December 30,
2011). The percent allocated to vessels landing summer flounder in
Massachusetts is 6.82046 percent, resulting in a commercial quota of
895,936 lb (406,396 kg). The 2012 allocation was reduced to 868,226 lb
(393,827 kg) after deduction of research set-aside and adjustment for
2011 quota overages.
The Administrator, Northeast Region, NMFS (Regional Administrator),
monitors the state commercial quotas and determines when a state's
commercial quota has been harvested. NMFS is required to publish
notification in the Federal Register advising and notifying commercial
vessels and dealer permit holders 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 Massachusetts has harvested its quota for
2012.
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, August 28, 2012,
landings of summer flounder in Massachusetts by vessels holding summer
flounder commercial Federal fisheries permits are prohibited for the
remainder of the 2012 calendar year, unless additional quota becomes
available through a transfer and is announced in the Federal Register.
Effective 0001 hours, August 28, 2012, 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.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 23, 2012.
Emily H. Menashes,
Deputy Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2012-21255 Filed 8-24-12; 11:15 am]
BILLING CODE 3510-22-P
