Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer, 3137-3138 [2014-00906]

Download as PDF Federal Register / Vol. 79, No. 12 / Friday, January 17, 2014 / Rules and Regulations pmangrum on DSK3VPTVN1PROD with RULES implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. Amendment 18 to the FMP (76 FR 82058, December 29, 2011) implemented a commercial annual catch limit (equal to the commercial quota) of 3.13 million lb (1.42 million kg) for the Atlantic migratory group of Spanish mackerel. Atlantic migratory group Spanish mackerel are divided into a northern and southern zone for management purposes. The southern zone for Atlantic migratory group Spanish mackerel extends from 30°42′45.6″ N. lat., which is a line directly east from the Georgia/Florida boundary, to 25°20.4′ N. lat., which is a line directly east from the Miami-Dade/ Monroe County, Florida, boundary. For the southern zone, seasonally variable trip limits are based on an adjusted commercial quota of 2.88 million lb (1.31 million kg). The adjusted commercial quota is calculated to allow continued harvest in the southern zone at a set rate for the remainder of the current fishing year, February 28, 2014, in accordance with 50 CFR 622.385(b)(2). As specified at 50 CFR 622.385(b)(1)(ii)(B), beginning December 1, annually, the trip limit is unlimited on weekdays and limited to 1,500 lb (680 kg) of Spanish mackerel per day on weekends. As specified at 50 CFR 622.385(b)(1)(ii)(C), after 75 percent of the adjusted commercial quota of Atlantic migratory group Spanish mackerel is taken until 100 percent of the adjusted commercial quota is taken, Spanish mackerel in or from the EEZ in the southern zone may not be possessed on board or landed from a permitted vessel in amounts exceeding 1,500 lb (680 kg) per day. NMFS has determined that 75 percent of the adjusted commercial quota for Atlantic group Spanish mackerel has been taken. Accordingly, the 1,500-lb (680-kg) per day commercial trip limit applies to Spanish mackerel in or from the EEZ in the southern zone effective 6 a.m., local time, January 17, 2014, until 12:01 a.m., local time, March 1, 2014, unless changed by subsequent notification in the Federal Register. the Magnuson-Stevens Act and other applicable laws. This action is taken under 50 CFR 622.385(b)(1)(ii)(C) and is exempt from review under Executive Order 12866. These measures are exempt from the procedures of the Regulatory Flexibility Act because the temporary rule is issued without opportunity for prior notice and comment. Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for Fisheries, NOAA, (AA), finds good cause to waive the requirements to provide prior notice and the opportunity for public comment on this temporary rule. Such procedures are unnecessary because the rule itself has already been subject to notice and comment, and all that remains is to notify the public of the trip limit reduction. Allowing prior notice and opportunity for public comment is contrary to the public interest because of the need to immediately implement this action to protect the Atlantic migratory group Spanish mackerel resource because the capacity of the commercial fleet allows for rapid harvest of the quota. Prior notice and opportunity for public comment would require time and could potentially result in a harvest well in excess of the established quota. For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in effectiveness of this action under 5 U.S.C. 553(d)(3). Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of Atlantic migratory group Spanish mackerel and is consistent with Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer VerDate Mar<15>2010 14:02 Jan 16, 2014 Jkt 232001 Authority: 16 U.S.C. 1801 et seq. Dated: January 14, 2014. Sean F. Corson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2014–00904 Filed 1–14–14; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 121009528–2729–02] RIN 0648–XD063 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 ACTION: 3137 Temporary rule; quota transfer. NMFS announces that the State of North Carolina is transferring a portion of its 2013 commercial summer flounder quota to the Commonwealth of Virginia. NMFS is adjusting the quotas and announcing the revised commercial quota for each state involved. DATES: Effective January 17, 2014. The quota transfer is applicable from December 3, 2013, through December 31, 2013. 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 § 648.102. 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. North Carolina has agreed to transfer 29,373 lb (13,323 kg) of its 2013 commercial quota to Virginia. This transfer was prompted by summer flounder landings of four North Carolina vessels that were granted safe harbor in Virginia due to mechanical failures between December 3, 2013, and December 16, 2013, thereby requiring a quota transfer to account for an increase in Virginia’s landings that would have otherwise accrued against the North Carolina 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: North Carolina, 373,400 lb (169,371 kg); and Virginia, 5,314,380 lb (2,410,562 kg). SUMMARY: E:\FR\FM\17JAR1.SGM 17JAR1 3138 Federal Register / Vol. 79, No. 12 / Friday, January 17, 2014 / Rules and Regulations Authority: 16 U.S.C. 1801 et seq. Classification This action is taken under 50 CFR part 648 and is exempt from review under Executive Order 12866. Dated: January 14, 2014. Sean F. Corson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2014–00906 Filed 1–16–14; 8:45 am] pmangrum on DSK3VPTVN1PROD with RULES BILLING CODE 3510–22–P VerDate Mar<15>2010 14:02 Jan 16, 2014 Jkt 232001 PO 00000 Frm 00068 Fmt 4700 Sfmt 9990 E:\FR\FM\17JAR1.SGM 17JAR1

Agencies

[Federal Register Volume 79, Number 12 (Friday, January 17, 2014)]
[Rules and Regulations]
[Pages 3137-3138]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00906]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 121009528-2729-02]
RIN 0648-XD063


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 2013 commercial summer flounder quota to 
the Commonwealth of Virginia. NMFS is adjusting the quotas and 
announcing the revised commercial quota for each state involved.

DATES: Effective January 17, 2014. The quota transfer is applicable 
from December 3, 2013, through December 31, 2013.

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.  
648.102.
    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.
    North Carolina has agreed to transfer 29,373 lb (13,323 kg) of its 
2013 commercial quota to Virginia. This transfer was prompted by summer 
flounder landings of four North Carolina vessels that were granted safe 
harbor in Virginia due to mechanical failures between December 3, 2013, 
and December 16, 2013, thereby requiring a quota transfer to account 
for an increase in Virginia's landings that would have otherwise 
accrued against the North Carolina 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: North Carolina, 373,400 lb (169,371 kg); and 
Virginia, 5,314,380 lb (2,410,562 kg).

[[Page 3138]]

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: January 14, 2014.
Sean F. Corson,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2014-00906 Filed 1-16-14; 8:45 am]
BILLING CODE 3510-22-P
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