Fisheries of the Northeastern United States; Summer Flounder Fishery; Commercial Quota Harvested for the State of New York, 64239-64240 [2012-25790]

Download as PDF Federal Register / Vol. 77, No. 203 / Friday, October 19, 2012 / Rules and Regulations Dated: October 15, 2012. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, performing the functions and duties of the Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. vessels that are underway for more than 12 hours. * * * * * PART 622—FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC § 622.4 1. The authority citation for part 622 continues to read as follows: ■ Authority: 16 U.S.C. 1801 et seq. 2. In § 622.2, the definition for ‘‘charter vessel’’ is revised to read as follows: ■ Definitions and acronyms. tkelley on DSK3SPTVN1PROD with RULES * * * * * Charter vessel means a vessel less than 100 gross tons (90.8 mt) that is subject to the requirements of the USCG to carry six or fewer passengers for hire and that engages in charter fishing at any time during the calendar year. A charter vessel with a commercial permit, as required under § 622.4(a)(2), is considered to be operating as a charter vessel when it carries a passenger who pays a fee or when there are more than three persons aboard, including operator and crew, except for a charter vessel with a commercial vessel permit for Gulf reef fish. A charter vessel that has a charter vessel permit for Gulf reef fish and a commercial vessel permit for Gulf reef fish is considered to be operating as a charter vessel when it carries a passenger who pays a fee or when there are more than four persons aboard, including operator and crew. A charter vessel that has a charter vessel permit for Gulf reef fish, a commercial vessel permit for Gulf reef fish, and a valid Certificate of Inspection (COI) issued by the USCG to carry passengers for hire will not be considered to be operating as a charter vessel provided— (1) It is not carrying a passenger who pays a fee; and (2) When underway for more than 12 hours, that vessel meets, but does not exceed the minimum manning requirements outlined in its COI for vessels underway over 12 hours; or when underway for not more than 12 hours, that vessel meets the minimum manning requirements outlined in its COI for vessels underway for not more than 12-hours (if any), and does not exceed the minimum manning requirements outlined in its COI for VerDate Mar<15>2010 15:59 Oct 18, 2012 Jkt 229001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration ■ For the reasons set out in the preamble, 50 CFR part 622 is amended as follows: § 622.2 3. In § 622.4, the introductory text for paragraph (a)(2)(v) is revised; paragraphs (m)(3), (m)(4), and (m)(5) are removed; paragraph (m)(6) is redesignated as paragraph (m)(3); and paragraph (m)(2) is revised to read as follows: 64239 Permits and fees. (a) * * * (2) * * * (v) Gulf reef fish. For a person aboard a vessel to be eligible for exemption from the bag limits, to fish under a quota, as specified in § 622.42(a)(1), or to sell Gulf reef fish in or from the Gulf EEZ, a commercial vessel permit for Gulf reef fish must have been issued to the vessel and must be on board. If Federal regulations for Gulf reef fish in subparts A, B, or C of this part are more restrictive than state regulations, a person aboard a vessel for which a commercial vessel permit for Gulf reef fish has been issued must comply with such Federal regulations regardless of where the fish are harvested. See paragraph (a)(2)(ix) of this section regarding an IFQ vessel account required to fish for, possess, or land Gulf red snapper or Gulf groupers and tilefishes and paragraph (a)(2)(xiv) of this section regarding an additional bottom longline endorsement required to fish for Gulf reef fish with bottom longline gear in a portion of the eastern Gulf. See paragraph (m) of this section regarding a limited access system for commercial vessel permits for Gulf reef fish. * * * * * (m) * * * (2) A permit holder may transfer the commercial vessel permit for Gulf reef fish to another vessel owned by the same entity. A permit holder may also transfer the commercial vessel permit for Gulf reef fish to the owner of another vessel or to a new vessel owner when he or she transfers ownership of the permitted vessel. * * * * * [FR Doc. 2012–25821 Filed 10–18–12; 8:45 am] BILLING CODE 3510–22–P PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 50 CFR Part 648 [Docket No. 111220786–1781–01] RIN 0648–XC294 Fisheries of the Northeastern United States; Summer Flounder Fishery; Commercial Quota Harvested for the State of New York 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 State of New York has been harvested. Vessels issued a commercial Federal fisheries permit for the summer flounder fishery may not land summer flounder in New York 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 New York 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 New York. DATES: Effective at 0001 hr local time, October 20, 2012, through 2400 hr local time December 31, 2012. FOR FURTHER INFORMATION CONTACT: Carly Bari, (978) 281–9224, or Carly.Bari@noaa.gov. SUMMARY: 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 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 New York is 7.64699 percent, resulting in a commercial quota of 1,004,509 lb (455,645 kg). The 2012 allocation was reduced to 922,705 lb (418,539 kg) after deduction of research set-aside and E:\FR\FM\19OCR1.SGM 19OCR1 64240 Federal Register / Vol. 77, No. 203 / Friday, October 19, 2012 / Rules and Regulations adjustment for quota overages carried forward from 2011. 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 New York 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, October 20, 2012, landings of summer flounder in New York 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 October 20, 2012, federally permitted dealers are also notified that they may not purchase summer flounder from federally permitted vessels that land in New York 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: October 16, 2012. Emily H. Menashes, Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2012–25790 Filed 10–16–12; 4:15 pm] tkelley on DSK3SPTVN1PROD with RULES BILLING CODE 3510–22–P VerDate Mar<15>2010 15:59 Oct 18, 2012 Jkt 229001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 111207737–2141–02] RIN 0648–XC295 Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 610 in the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting directed fishing for pollock in Statistical Area 610 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2012 total allowable catch of pollock for Statistical Area 610 in the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 15, 2012, through 2400 hrs, A.l.t., December 31, 2012. FOR FURTHER INFORMATION CONTACT: Obren Davis, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2012 total allowable catch (TAC) of pollock in Statistical Area 610 of the GOA is 30,270 metric tons (mt) as established by the final 2012 and 2013 harvest specifications for groundfish of the GOA (77 FR 15194, March 14, 2012). In accordance with § 679.20(d)(1)(i), the Regional Administrator has determined that the 2012 TAC of pollock in Statistical Area 610 of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 28,284 mt. This amount incorporates a 1,886 mt deduction to account for the A season allowance of SUMMARY: PO 00000 Frm 00018 Fmt 4700 Sfmt 9990 the pollock TAC that was unharvested and unavailable to carry forward to subsequent seasons (per § 679.20(a)(5)(iv)(B)), and a set aside of 100 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for pollock in Statistical Area 610 of the GOA. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. Classification This action responds to the best available information recently obtained from the fishery. The Acting Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) and § 679.25(c)(1)(ii) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of directed fishing for pollock in Statistical Area 610 of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of October 12, 2012. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: October 15, 2012. James P. Burgess, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2012–25677 Filed 10–15–12; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\19OCR1.SGM 19OCR1

Agencies

[Federal Register Volume 77, Number 203 (Friday, October 19, 2012)]
[Rules and Regulations]
[Pages 64239-64240]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25790]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 111220786-1781-01]
RIN 0648-XC294


Fisheries of the Northeastern United States; Summer Flounder 
Fishery; Commercial Quota Harvested for the State of New York

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 2012 summer flounder commercial quota 
allocated to the State of New York has been harvested. Vessels issued a 
commercial Federal fisheries permit for the summer flounder fishery may 
not land summer flounder in New York 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 New York 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 New York.

DATES: Effective at 0001 hr local time, October 20, 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 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 New 
York is 7.64699 percent, resulting in a commercial quota of 1,004,509 
lb (455,645 kg). The 2012 allocation was reduced to 922,705 lb (418,539 
kg) after deduction of research set-aside and

[[Page 64240]]

adjustment for quota overages carried forward from 2011.
    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 New York 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, October 20, 2012, 
landings of summer flounder in New York 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 October 20, 2012, federally permitted dealers are 
also notified that they may not purchase summer flounder from federally 
permitted vessels that land in New York 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: October 16, 2012.
Emily H. Menashes,
Deputy Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2012-25790 Filed 10-16-12; 4:15 pm]
BILLING CODE 3510-22-P