Fisheries of the Northeastern United States; Summer Flounder Fishery; Commercial Quota Harvested for the Commonwealth of Virginia, 72585-72586 [2013-28908]
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Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Rules and Regulations
full General category quota without
exceeding it based upon the
Consolidated HMS FMP goal:
‘‘Consistent with other objectives of this
FMP, to manage Atlantic HMS fisheries
for continuing optimum yield so as to
provide the greatest overall benefit to
the Nation, particularly with respect to
food production, providing recreational
opportunities, preserving traditional
fisheries, and taking into account the
protection of marine ecosystems.’’
NMFS’ preliminary estimate of
landings for the General category, as of
November 26, 2013, was 210.9 mt, out
of a total General category quota of
435.1 mt. Based on General category
landings rates during the October
through December time-period over the
last several years, it is highly unlikely
that the quota will be filled under the
current daily retention limit of three
BFT per vessel. Therefore, maintenance
of the current limit of three fish would
increase the likelihood of under
harvesting the General category quota.
Increasing the daily retention limit from
three to five will increase the likelihood
that the General category catch of BFT
will approach, but not exceed, the
annual quota, as well as maximize the
opportunity for catching BFT harvest
during the October–November and
December subquota periods.
Maximizing opportunity within each
subquota period is also important
because of the migratory nature and
seasonal distribution of BFT. In a
particular geographic region, or waters
accessible from a particular port, the
amount of fishing opportunity for BFT
may be constrained by the short amount
of time the BFT are present.
Based on these considerations, NMFS
has determined that a five-fish General
category retention limit is warranted. It
would provide a reasonable opportunity
to harvest the U.S. quota of BFT without
exceeding it, while maintaining an
equitable distribution of fishing
opportunities, to help achieve optimum
yield in the General category BFT
fishery, to collect a broad range of data
for stock monitoring purposes, and to be
consistent with the objectives of the
Consolidated HMS FMP. Therefore,
NMFS increases the General category
retention limit from the current limit of
three large medium or giant BFT per
vessel per day/trip, to five large medium
or giant BFT per vessel per day/trip.
This retention limit will be in effect
through December 31, 2013, unless the
unlikely circumstance arises that
additional inseason action is required to
prevent catch from exceeding the quota.
Regardless of the duration of a fishing
trip, the daily retention limit applies
upon landing. For example, whether a
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vessel fishing under the General
category limit takes a two-day trip or
makes two trips in one day, the daily
limit of five fish may not be exceeded
upon landing. This General category
retention limit is effective in all areas,
except for the Gulf of Mexico, and
applies to those vessels permitted in the
General category, as well as to those
HMS Charter/Headboat permitted
vessels fishing commercially for BFT.
Monitoring and Reporting
NMFS will continue to monitor the
BFT fishery closely through the
mandatory dealer landing reports,
which NMFS requires to be submitted
within 24 hours of a dealer receiving
BFT. Depending on the level of fishing
effort and catch rates of BFT, NMFS
may determine that additional retention
limit adjustments are necessary to
ensure available quota is not exceeded
or to enhance scientific data collection
from, and fishing opportunities in, all
geographic areas.
Closures or subsequent adjustments to
the daily retention limits, if any, will be
published in the Federal Register. In
addition, fishermen may call the
Atlantic Tunas Information Line at (888)
872–8862 or (978) 281–9260, or access
www.hmspermits.gov, for updates on
quota monitoring and retention limit
adjustments.
Classification
The Assistant Administrator for
NMFS (AA) finds that it is impracticable
and contrary to the public interest to
provide prior notice of, and an
opportunity for public comment on, this
action for the following reasons:
The regulations implementing the
Consolidated HMS FMP provide for
inseason retention limit adjustments to
respond to the unpredictable nature of
BFT availability on the fishing grounds,
the migratory nature of this species, and
the regional variations in the BFT
fishery. Affording prior notice and
opportunity for public comment to
implement these retention limits is
impracticable as NMFS needs to wait
until it has necessary data and
information about the fishery before it
can select the appropriate retention
limit for a time period prescribed by
regulation. By the time NMFS has the
needed data, implementing the
retention limit following a public
comment period would preclude
fishermen from harvesting BFT that are
legally available consistent with all of
the regulatory criteria. Analysis of
available data shows that the General
category BFT retention limits may be
increased with minimal risks of
exceeding the ICCAT-allocated quota.
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72585
Delays in increasing these retention
limits would adversely affect those
General and Charter/Headboat category
vessels that would otherwise have an
opportunity to harvest more than the
current retention limit of three BFT per
day/trip and may perpetuate under
harvest of the General category quota, or
disadvantage a particular geographic
region. Limited opportunities to harvest
the respective quotas may have negative
social and economic impacts for U.S.
fishermen that depend upon catching
the available quota within the time
periods designated in the Consolidated
HMS FMP. Adjustment of the retention
limit needs to be effective as soon as
possible, to allow the impacted sectors
to benefit from the adjustment, and to
not preclude fishing opportunities for
fishermen who have access to the
fishery only during this time period
(due to the seasonality of BFT
distribution). Therefore, the AA finds
good cause under 5 U.S.C. 553(b)(B) to
waive prior notice and the opportunity
for public comment. For these reasons,
there is good cause under 5 U.S.C.
553(d) to waive the 30-day delay in
effectiveness.
This action is being taken under
§ 635.23(a)(4) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: November 27, 2013.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–28903 Filed 11–27–13; 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–XD004
Fisheries of the Northeastern United
States; Summer Flounder Fishery;
Commercial Quota Harvested for the
Commonwealth of Virginia
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS announces that the
2013 summer flounder commercial
quota allocated to the Commonwealth of
Virginia has been harvested. Vessels
issued a commercial Federal fisheries
SUMMARY:
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emcdonald on DSK67QTVN1PROD with RULES
72586
Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Rules and Regulations
permit for the summer flounder fishery
may not land summer flounder in
Virginia for the remainder of calendar
year 2013, unless additional quota
becomes available through a transfer
from another state. Regulations
governing the summer flounder fishery
require publication of this notification
to advise Virginia 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 Virginia.
DATES: Effective 1801 hours, December
4, 2013, through December 31, 2013.
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 § 648.102.
The initial total commercial quota for
summer flounder for the 2013 fishing
year is 11,793,596 lb (5,349,575 kg) (77
FR 76942, December 31, 2012). The
percent allocated to vessels landing
summer flounder in Virginia is 21.31676
percent, resulting in a commercial quota
of 2,514,012 lb (1,140,356 kg). The 2013
allocation was adjusted to 5,040,501 lb
(2,286,333 kg) after deduction of
research set-aside, adjustment for 2012
quota overages, and adjustments for
quota transfers between states (mostly
transfers from North Carolina to cover
safe harbor landings in Virginia by
North Carolina vessels).
The Administrator, Northeast Region,
NMFS (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 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,
Virginia has harvested its quota for
2013.
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
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Administrator has determined no longer
has commercial quota available.
Therefore, effective 1801 hours,
December 4, 2013, landings of summer
flounder in Virginia by vessels holding
summer flounder commercial Federal
fisheries permits are prohibited for the
remainder of the 2013 calendar year,
unless additional quota becomes
available through a transfer and is
announced in the Federal Register.
Effective 1801 hours, December 4, 2013,
federally permitted dealers are also
notified that they may not purchase
summer flounder from federally
permitted vessels that land in Virginia
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 (AA), finds good cause
pursuant to 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 summer flounder
fishery for Virginia until January 1,
2014, under current regulations. The
regulations at § 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 AA
further finds, pursuant to 5 U.S.C.
553(d)(3), good cause to waive the 30day delayed effectiveness period for the
reason stated above.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 27, 2013.
Emily H. Menashes,
Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–28908 Filed 11–29–13; 8:45 am]
BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 120814338–2711–02]
RIN 0648–BD71
Magnuson-Stevens Act Provisions;
Fisheries off West Coast States;
Biennial Specifications and
Management Measures; Inseason
Adjustments
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; inseason adjustments
to biennial groundfish management
measures.
AGENCY:
This final rule announces
inseason changes to management
measures in the Pacific Coast groundfish
fisheries. This action, which is
authorized by the Pacific Coast
Groundfish Fishery Management Plan
(PCGFMP), is intended to allow
fisheries to access more abundant
groundfish stocks while protecting
overfished and depleted stocks.
DATES: Effective 0001 hours (local time)
December 3, 2013.
FOR FURTHER INFORMATION CONTACT:
Gretchen Hanshew (West Coast Region,
NMFS), phone: 206–526–6147, fax: 206–
526–6736, gretchen.hanshew@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Electronic Access
This final rule is accessible via the
Internet at the Office of the Federal
Register’s Web site at
https://www.gpo.gov/fdsys/search/
home.action. Background information
and documents are available at the
Pacific Fishery Management Council’s
Web site at https://www.pcouncil.org/.
Background
The PCGFMP and its implementing
regulations at title 50 in the Code of
Federal Regulations (CFR), part 660,
subparts C through G, regulate fishing
for over 90 species of groundfish off the
coasts of Washington, Oregon, and
California. Groundfish specifications
and management measures are
developed by the Pacific Fishery
Management Council (Council), and are
implemented by NMFS.
On November 14, 2012, NMFS
published a proposed rule to implement
the 2013–2014 harvest specifications
and management measures for most
species of the Pacific Coast groundfish
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]]>Agencies
[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Rules and Regulations]
[Pages 72585-72586]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28908]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 111220786-1781-01]
RIN 0648-XD004
Fisheries of the Northeastern United States; Summer Flounder
Fishery; Commercial Quota Harvested for the Commonwealth of Virginia
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the 2013 summer flounder commercial quota
allocated to the Commonwealth of Virginia has been harvested. Vessels
issued a commercial Federal fisheries
[[Page 72586]]
permit for the summer flounder fishery may not land summer flounder in
Virginia for the remainder of calendar year 2013, unless additional
quota becomes available through a transfer from another state.
Regulations governing the summer flounder fishery require publication
of this notification to advise Virginia 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 Virginia.
DATES: Effective 1801 hours, December 4, 2013, through December 31,
2013.
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 2013
fishing year is 11,793,596 lb (5,349,575 kg) (77 FR 76942, December 31,
2012). The percent allocated to vessels landing summer flounder in
Virginia is 21.31676 percent, resulting in a commercial quota of
2,514,012 lb (1,140,356 kg). The 2013 allocation was adjusted to
5,040,501 lb (2,286,333 kg) after deduction of research set-aside,
adjustment for 2012 quota overages, and adjustments for quota transfers
between states (mostly transfers from North Carolina to cover safe
harbor landings in Virginia by North Carolina vessels).
The Administrator, Northeast Region, NMFS (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 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, Virginia has harvested its quota for 2013.
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 1801 hours, December 4, 2013,
landings of summer flounder in Virginia by vessels holding summer
flounder commercial Federal fisheries permits are prohibited for the
remainder of the 2013 calendar year, unless additional quota becomes
available through a transfer and is announced in the Federal Register.
Effective 1801 hours, December 4, 2013, federally permitted dealers are
also notified that they may not purchase summer flounder from federally
permitted vessels that land in Virginia 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 (AA), finds good
cause pursuant to 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 summer flounder fishery for
Virginia until January 1, 2014, 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 AA 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: November 27, 2013.
Emily H. Menashes,
Deputy Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2013-28908 Filed 11-29-13; 8:45 am]
BILLING CODE 3510-22-P
