Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer, 76765-76766 [2013-30217]

Download as PDF Federal Register / Vol. 78, No. 244 / Thursday, December 19, 2013 / Rules and Regulations possible thereafter, once catch data are available, as described in paragraph (d)(2)(ii)(A) of this section. In addition, adjustments to the recreational management measures, taking into account the performance of the measures and conditions that precipitated the overage, will be made in the following year. (A) Adjustment to Recreational ACT. If an adjustment to the following year’s Recreational ACT is required, then the ACT will be reduced by the exact amount, in pounds, of the product of the overage, defined as the difference between the recreational catch and the recreational ACL, and the payback coefficient, as specified in paragraph (d)(2)(ii)(B) of this section. (B) Payback coefficient. The payback coefficient is the difference between the most recent estimate of biomass and BMSY (i.e., BMSY¥B) divided by one-half of BMSY. (3) If biomass is above BMSY. If the most recent estimate of biomass is above BMSY (i.e., B/BMSY is greater than 1.0), then adjustments to the recreational management measures, taking into account the performance of the measures and conditions that precipitated the overage, will be made in the following fishing year, or as soon as possible thereafter, once catch data are available, as a single-year adjustment. (e) State/Federal disconnect AM. If the total catch, allowable landings, commercial quotas, and/or RHL measures adopted by the ASMFC Summer Flounder, Scup and Black Sea Bass Management Board and the MAFMC differ for a given fishing year, administrative action will be taken as soon as possible to revisit the respective recommendations of the two groups. The intent of this action shall be to achieve alignment through consistent state and Federal measures such that no differential effects occur to Federal permit holders. ■ 6. In § 648.163, paragraphs (d) and (e) are revised to read as follows: § 648.163 Bluefish accountability measures (AMs). pmangrum on DSK3VPTVN1PROD with RULES * * * * * (d) Recreational landings AM when the ACL is exceeded and no sector-tosector transfer of allowable landings has occurred. If the fishery-level ACL is exceeded and landings from the recreational fishery are determined to be the sole cause of the overage, and no transfer between the commercial and recreational sector was made for the fishing year, as outlined in § 648.162(b)(2), then the following procedure will be followed: VerDate Mar<15>2010 15:16 Dec 18, 2013 Jkt 232001 (1) If biomass is below the threshold, the stock is under rebuilding, or biological reference points are unknown. If the most recent estimate of biomass is below the BMSY threshold (i.e., B/BMSY is less than 0.5), the stock is under a rebuilding plan, or the biological reference points (B or BMSY) are unknown, and the ACL has been exceeded, then the exact amount, in pounds, by which the most recent year’s recreational catch estimate exceeded the most recent year’s ACL will be deducted from the following year’s recreational ACT, or as soon as possible thereafter, once catch data are available, as a single-year adjustment. (2) If biomass is above the threshold, but below the target, and the stock is not under rebuilding. If the most recent estimate of biomass is above the biomass threshold (B/BMSY is greater than 0.5), but below the biomass target (B/BMSY is less than 1.0), and the stock is not under a rebuilding plan, then the following AMs will apply: (i) If the ACL has been exceeded. If the ACL has been exceeded, then adjustments to the recreational management measures, taking into account the performance of the measures and conditions that precipitated the overage, will be made in the following fishing year, or as soon as possible thereafter, once catch data are available, as a single-year adjustment. (ii) If the ABC has been exceeded. If the ABC has been exceeded, then a single-year adjustment to the following year’s recreational ACT will be made in the following fishing year, or as soon as possible thereafter, once catch data are available, as described in paragraph (d)(2)(ii)(A) of this section. In addition, adjustments to the recreational management measures, taking into account the performance of the measures and conditions that precipitated the overage, will be made in the following year. (A) Adjustment to Recreational ACT. If an adjustment to the following year’s Recreational ACT is required, then the ACT will be reduced by the exact amount, in pounds, of the product of the recreational overage, defined as the difference between the recreational contribution to the catch above the ACL, and the payback coefficient, as specified in paragraph (d)(2)(ii)(B) of this section. (B) Payback coefficient. The payback coefficient is the difference between the most recent estimates of BMSY and biomass (i.e., BMSY¥B) divided by onehalf of BMSY. (3) If biomass is above BMSY. If the most recent estimate of biomass is above BMSY (i.e., B/BMSY is greater than 1.0), PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 76765 then adjustments to the recreational management measures, taking into account the performance of the measures and conditions that precipitated the overage, will be made in the following fishing year, or as soon as possible thereafter, once catch data are available, as a single-year adjustment. (e) AM for when the ACL is exceeded and a sector-to-sector transfer of allowable landings has occurred. If the fishery-level ACL is exceeded and landings from the recreational fishery and/or the commercial fishery are determined to have caused the overage, and a transfer between the commercial and recreational sector has occurred for the fishing year, as outlined in § 648.162(b)(2), then the amount transferred between the recreational and commercial sectors may be reduced by the ACL overage amount (pound-forpound repayment) in a subsequent, single fishing year if the Bluefish Monitoring Committee determines that the ACL overage was the result of too liberal a landings transfer between the two sectors. If the Bluefish Monitoring Committee determines that the ACL overage was not the result of the landings transfer, the recreational AMs described in paragraph (d) of this section will be implemented. * * * * * [FR Doc. 2013–30133 Filed 12–18–13; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 121009528–2729–02] RIN 0648–XD025 Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; quota transfer. AGENCY: NMFS announces that the State of Maryland is transferring a portion of its 2013 commercial summer flounder quota to the State of Connecticut. NMFS is adjusting the quotas and announcing the revised commercial quota for each state involved. SUMMARY: Effective December 17, 2013, through December 31, 2013. DATES: E:\FR\FM\19DER1.SGM 19DER1 76766 Federal Register / Vol. 78, No. 244 / Thursday, December 19, 2013 / Rules and Regulations FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF COMMERCE Carly Bari, Fishery Management Specialist, 978–281–9224. SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder fishery are in 50 CFR part 648, and require annual specification of a commercial quota that is apportioned among the coastal states from North Carolina through Maine. The process to set the annual commercial quota and the percent allocated to each state are described in § 648.100. The final rule implementing Amendment 5 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan, which was published on December 17, 1993 (58 FR 65936), provided a mechanism for summer flounder quota to be transferred from one state to another. Two or more states, under mutual agreement and with the concurrence of the Administrator, Northeast Region, NMFS (Regional Administrator), can transfer or combine summer flounder commercial quota under § 648.102(c)(2). The Regional Administrator is required to consider the criteria in § 648.102(c)(2)(i) to evaluate requests for quota transfers or combinations. Maryland has agreed to transfer 10,000 lb (4,536 kg) of its 2013 commercial quota to Connecticut. This transfer was prompted by the diligent efforts of state officials in Connecticut not to exceed the commercial summer flounder quota. The Regional Administrator has determined that the criteria set forth in § 648.102(c)(2)(i) have been met. The revised summer flounder commercial quotas for calendar year 2013 are: Maryland, 223,269 lb (101,273 kg); and Connecticut, 273,605 lb (125,105 kg). 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: December 16, 2013. Sean F. Corson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2013–30217 Filed 12–17–13; 11:15 am] pmangrum on DSK3VPTVN1PROD with RULES BILLING CODE 3510–22–P VerDate Mar<15>2010 15:16 Dec 18, 2013 Jkt 232001 National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 111220786–1781–01] RIN 0648–XD030 Fisheries of the Northeastern United States; Summer Flounder Fishery; Commercial Quota Harvested for the State of New Jersey 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 State of New Jersey has been harvested. Vessels issued a commercial Federal fisheries permit for the summer flounder fishery may not land summer flounder in New Jersey 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 New Jersey 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 Jersey. DATES: Effective December 17, 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 SUMMARY: PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 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 New Jersey is 16.72499 percent, resulting in a commercial quota of 1,972,478 lb (894,716 kg). The 2013 allocation was adjusted to 1,972,066 lb (894,514 kg) after deduction of research set-aside, adjustment for 2012 quota overages, and adjustments for quota transfers between states. 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 New Jersey 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 December 17, 2013, landings of summer flounder in New Jersey 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 December 17, 2013, federally permitted dealers are also notified that they may not purchase summer flounder in New Jersey 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. E:\FR\FM\19DER1.SGM 19DER1

Agencies

[Federal Register Volume 78, Number 244 (Thursday, December 19, 2013)]
[Rules and Regulations]
[Pages 76765-76766]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30217]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 121009528-2729-02]
RIN 0648-XD025


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 Maryland is transferring a 
portion of its 2013 commercial summer flounder quota to the State of 
Connecticut. NMFS is adjusting the quotas and announcing the revised 
commercial quota for each state involved.

DATES: Effective December 17, 2013, through December 31, 2013.

[[Page 76766]]


FOR FURTHER INFORMATION CONTACT: Carly Bari, Fishery Management 
Specialist, 978-281-9224.

SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder 
fishery are in 50 CFR part 648, and require annual specification of a 
commercial quota that is apportioned among the coastal states from 
North Carolina through Maine. The process to set the annual commercial 
quota and the percent allocated to each state are described in Sec.  
648.100.
    The final rule implementing Amendment 5 to the Summer Flounder, 
Scup, and Black Sea Bass Fishery Management Plan, which was published 
on December 17, 1993 (58 FR 65936), provided a mechanism for summer 
flounder quota to be transferred from one state to another. Two or more 
states, under mutual agreement and with the concurrence of the 
Administrator, Northeast Region, NMFS (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) to evaluate requests for quota 
transfers or combinations.
    Maryland has agreed to transfer 10,000 lb (4,536 kg) of its 2013 
commercial quota to Connecticut. This transfer was prompted by the 
diligent efforts of state officials in Connecticut not to exceed the 
commercial summer flounder quota. The Regional Administrator has 
determined that the criteria set forth in Sec.  648.102(c)(2)(i) have 
been met. The revised summer flounder commercial quotas for calendar 
year 2013 are: Maryland, 223,269 lb (101,273 kg); and Connecticut, 
273,605 lb (125,105 kg).

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: December 16, 2013.
Sean F. Corson,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-30217 Filed 12-17-13; 11:15 am]
BILLING CODE 3510-22-P