Fisheries of the Northeastern United States; Bluefish Fishery and Summer Flounder Fishery; Commercial Quota Harvested for the State of Massachusetts, 56933-56934 [2015-23598]
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Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Rules and Regulations
or Federal waters, as specified in 50
CFR 622.190(c)(1)(ii).
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
necessary for the conservation and
management of snowy grouper and the
South Atlantic snapper-grouper fishery
and is consistent with the MagnusonStevens Act and other applicable laws.
This action is taken under 50 CFR
622.193(b)(1) 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.
This action responds to the best
scientific information available. The
Assistant Administrator for Fisheries,
NOAA (AA), finds that the need to
immediately implement this action to
close the commercial sector for snowy
grouper constitutes good cause to waive
the requirements to provide prior notice
and opportunity for public comment
pursuant to the authority set forth in 5
U.S.C. 553(b)(B), as such procedures
would be unnecessary and contrary to
the public interest. Such procedures are
unnecessary because the rule itself has
been subject to notice and comment,
and all that remains is to notify the
public of the closure. Such procedures
are contrary to the public interest
because of the need to immediately
implement this action to protect snowy
grouper since the capacity of the fishing
fleet allows for rapid harvest of the
commercial ACL (commercial quota).
Prior notice and opportunity for public
comment would require time and would
potentially result in a harvest well in
excess of the established commercial
ACL (commercial quota).
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in the effectiveness of this
action under 5 U.S.C. 553(d)(3).
rmajette on DSK7SPTVN1PROD with RULES
Authority: 16 U.S.C. 1801 et seq.
Dated: September 16, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2015–23604 Filed 9–16–15; 4:15 pm]
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Jkt 235001
50 CFR Part 648
[Docket No. 140214138–4482–02]
RIN 0648–XE189
Fisheries of the Northeastern United
States; Bluefish Fishery and Summer
Flounder Fishery; Commercial Quota
Harvested for the State of
Massachusetts
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closures.
AGENCY:
NMFS announces that the
2015 commercial bluefish and summer
flounder quota allocated to the
Commonwealth of Massachusetts has
been harvested. Vessels issued
commercial Federal fisheries permits for
these fisheries may not land bluefish or
summer flounder in Massachusetts for
the remainder of calendar year 2015,
unless additional quota becomes
available through a transfer from
another state. Regulations governing
these fisheries require publication of
this notice to advise Massachusetts that
the quota has been harvested, and to
advise Federal vessel and dealer permit
holders that no Federal commercial
quota is available to land bluefish or
summer flounder in Massachusetts.
DATES: Effective 0001 hours, September
17, 2015, through December 31, 2015 for
summer flounder and effective 0001
hours, September 19, 2015, through
December 31, 2015 for bluefish.
FOR FURTHER INFORMATION CONTACT: Reid
Lichwell, (978) 281–9112, or
Reid.Lichwell@noaa.gov.
SUPPLEMENTARY INFORMATION:
Regulations governing the bluefish
fishery and summer flounder fishery are
found at 50 CFR part 648. The bluefish
regulations require annual specification
of a commercial quota that is
apportioned on a percentage basis
among the coastal states from Florida
through Maine, while the summer
flounder regulations require annual
specification of commercial quota that is
apportioned based on a percentage basis
among coastal states from North
Carolina through Maine. The processes
to set the annual commercial quotas and
the percent allocated to each state are
described in § 648.162 and § 648.102 for
bluefish and summer flounder,
respectively.
SUMMARY:
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56933
The initial coastwide commercial
quota for bluefish for the 2015 fishing
year is 5,241,202 lb (2,377,371 kg) (80
FR 46848, August 6, 2015). The percent
allocated to vessels landing bluefish in
Massachusetts is 6.7167 percent,
resulting in an initial commercial quota
of 352,036 lb (159,681 kg). The 2015
allocation was adjusted to 602,036 lb
(273,079 kg) to reflect quota transfers
from other states.
The initial coastwide commercial
quota for summer flounder for the 2015
fishing year was set at 11,069,410 lb
(5,021,000 kg) (79 FR 78311, December
30, 2014). The percent allocated to
vessels landing summer flounder in
Massachusetts is 6.82046 percent,
resulting in an initial commercial quota
of 754,985 lb (340,165 kg). The 2015
allocation was adjusted to 760,785 lb
(345,086 kg) to reflect quota overages
from 2014 and quota transfers from
other states.
The Administrator, Greater Atlantic
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 a notice in
the Federal Register alerting Federal
commercial vessel and dealer permit
holders that, effective upon a specific
date, the state’s commercial quota has
been harvested and no commercial
quota is available to land bluefish or
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 2015.
Section 648.4(b) provides that Federal
permit holders agree, as a condition of
the permit, not to land bluefish or
summer flounder in any state that the
Regional Administrator has determined
no longer has commercial quota
available. Therefore, vessels holding
Federal commercial permits are
prohibited from landing summer
flounder, effective 0001 hours,
September 17, 2015 and/or bluefish,
effective 0001 hours, September 19,
2015 for the remainder of the 2015
calendar year, unless additional quota
becomes available through a transfer
and is announced in the Federal
Register. Federally permitted dealers are
also notified that they may not purchase
summer flounder, effective 0001 hours,
September 17, 2015 and/or bluefish,
effective 0001 hours, September 19,
2015 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.
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56934
Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Rules and Regulations
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 bluefish fishery and
summer flounder fishery for
Massachusetts until January 1, 2016,
under current regulations. The
regulations at § 648.103(b) require such
action to ensure that vessels do not
exceed state quotas. If implementation
of this closure was delayed to solicit
prior public comment, the quota for this
fishing year would be exceeded, thereby
undermining the conservation
objectives of the Atlantic Bluefish
Fishery Management Plan and the
Summer Flounder Fishery Management
Plan. The AA further finds, pursuant to
5 U.S.C. 553(d)(3), good cause to waive
the thirty (30) day delayed effectiveness
period for the reason stated above.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 15, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2015–23598 Filed 9–16–15; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 140117052–4402–02]
RIN 0648–XE156
Fisheries of the Northeastern United
States; Scup Fishery; Adjustment to
the 2015 Winter II Quota
National Marine Fisheries
Service (NMFS), National Oceanic and
rmajette on DSK7SPTVN1PROD with RULES
AGENCY:
VerDate Sep<11>2014
13:55 Sep 18, 2015
Jkt 235001
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment.
NMFS adjusts the 2015
Winter II commercial scup quota. This
action complies with Framework
Adjustment 3 to the Summer Flounder,
Scup, and Black Sea Bass Fishery
Management Plan, which established a
process to allow the rollover of unused
commercial scup quota from the Winter
I period to the Winter II period.
DATES: Effective November 1, 2015,
through December 31, 2015.
FOR FURTHER INFORMATION CONTACT: Reid
Lichwell, Fishery Management
Specialist, (978) 281–9112.
SUPPLEMENTARY INFORMATION: NMFS
published a final rule in the Federal
Register on November 3, 2003 (68 FR
62250), implementing a process to roll
over unused Winter I commercial scup
quota (January 1 through April 30) to be
added to the Winter II period quota
(November 1 through December 31).
This framework also allows adjustment
of the commercial possession limit for
the Winter II period dependent on the
amount of quota rolled over from the
Winter I period.
For 2015, the initial Winter II quota is
3,384,470 lb (1,535 mt), and the best
available landings information indicates
that 2,084,256 lb (945 mt) of the Winter
I quota remains unused. The 2015
Winter I quota was 9,578,008 lb (4,344
mt). Consistent with the intent of
Framework 3, the full amount of unused
2015 Winter I quota is transferred to
Winter II, resulting in a revised 2015
Winter II quota of 5,468,726 lb (2,481
mt). Because the amount transferred is
greater than 2,000,000 lb (907 mt), the
per trip possession limit will increase
from 12,000 lb (5,443 kg) to 18,000 lb
(8,165 kg) during the Winter II quota
period, consistent with the final rule
that increased the Winter II trip limit,
published on May 22, 2014 (79 FR
29371).
SUMMARY:
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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), has determined
good cause exists pursuant to 5 U.S.C.
553(b)(B) to waive prior notice and the
opportunity for public comment on this
in-season adjustment because it is
impracticable and contrary to the public
interest. The landings data upon which
this action is based are not available on
a real-time basis and, consequently,
were compiled only a short time before
the determination was made that this
action is warranted. If implementation
of this in-season action is delayed to
solicit prior public comment, the
objective of the fishery management
plan to achieve the optimum yield from
the fishery could be compromised;
deteriorating weather conditions during
the latter part of the fishing year will
reduce fishing effort and could prevent
the annual quota from being fully
harvested. This would conflict with the
agency’s legal obligation under the
Magnuson-Stevens Fishery
Conservation and Management Act to
achieve the optimum yield from a
fishery on a continuing basis, resulting
in a negative economic impact on
vessels permitted to fish in this fishery.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 16, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2015–23622 Filed 9–18–15; 8:45 am]
BILLING CODE 3510–22–P
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Agencies
[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Rules and Regulations]
[Pages 56933-56934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23598]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 140214138-4482-02]
RIN 0648-XE189
Fisheries of the Northeastern United States; Bluefish Fishery and
Summer Flounder Fishery; Commercial Quota Harvested for the State of
Massachusetts
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closures.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the 2015 commercial bluefish and summer
flounder quota allocated to the Commonwealth of Massachusetts has been
harvested. Vessels issued commercial Federal fisheries permits for
these fisheries may not land bluefish or summer flounder in
Massachusetts for the remainder of calendar year 2015, unless
additional quota becomes available through a transfer from another
state. Regulations governing these fisheries require publication of
this notice to advise Massachusetts that the quota has been harvested,
and to advise Federal vessel and dealer permit holders that no Federal
commercial quota is available to land bluefish or summer flounder in
Massachusetts.
DATES: Effective 0001 hours, September 17, 2015, through December 31,
2015 for summer flounder and effective 0001 hours, September 19, 2015,
through December 31, 2015 for bluefish.
FOR FURTHER INFORMATION CONTACT: Reid Lichwell, (978) 281-9112, or
Reid.Lichwell@noaa.gov.
SUPPLEMENTARY INFORMATION: Regulations governing the bluefish fishery
and summer flounder fishery are found at 50 CFR part 648. The bluefish
regulations require annual specification of a commercial quota that is
apportioned on a percentage basis among the coastal states from Florida
through Maine, while the summer flounder regulations require annual
specification of commercial quota that is apportioned based on a
percentage basis among coastal states from North Carolina through
Maine. The processes to set the annual commercial quotas and the
percent allocated to each state are described in Sec. 648.162 and
Sec. 648.102 for bluefish and summer flounder, respectively.
The initial coastwide commercial quota for bluefish for the 2015
fishing year is 5,241,202 lb (2,377,371 kg) (80 FR 46848, August 6,
2015). The percent allocated to vessels landing bluefish in
Massachusetts is 6.7167 percent, resulting in an initial commercial
quota of 352,036 lb (159,681 kg). The 2015 allocation was adjusted to
602,036 lb (273,079 kg) to reflect quota transfers from other states.
The initial coastwide commercial quota for summer flounder for the
2015 fishing year was set at 11,069,410 lb (5,021,000 kg) (79 FR 78311,
December 30, 2014). The percent allocated to vessels landing summer
flounder in Massachusetts is 6.82046 percent, resulting in an initial
commercial quota of 754,985 lb (340,165 kg). The 2015 allocation was
adjusted to 760,785 lb (345,086 kg) to reflect quota overages from 2014
and quota transfers from other states.
The Administrator, Greater Atlantic 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 a notice in the Federal Register alerting Federal commercial
vessel and dealer permit holders that, effective upon a specific date,
the state's commercial quota has been harvested and no commercial quota
is available to land bluefish or 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 2015.
Section 648.4(b) provides that Federal permit holders agree, as a
condition of the permit, not to land bluefish or summer flounder in any
state that the Regional Administrator has determined no longer has
commercial quota available. Therefore, vessels holding Federal
commercial permits are prohibited from landing summer flounder,
effective 0001 hours, September 17, 2015 and/or bluefish, effective
0001 hours, September 19, 2015 for the remainder of the 2015 calendar
year, unless additional quota becomes available through a transfer and
is announced in the Federal Register. Federally permitted dealers are
also notified that they may not purchase summer flounder, effective
0001 hours, September 17, 2015 and/or bluefish, effective 0001 hours,
September 19, 2015 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.
[[Page 56934]]
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 bluefish fishery and summer
flounder fishery for Massachusetts until January 1, 2016, under current
regulations. The regulations at Sec. 648.103(b) require such action to
ensure that vessels do not exceed state quotas. If implementation of
this closure was delayed to solicit prior public comment, the quota for
this fishing year would be exceeded, thereby undermining the
conservation objectives of the Atlantic Bluefish Fishery Management
Plan and the Summer Flounder Fishery Management Plan. The AA further
finds, pursuant to 5 U.S.C. 553(d)(3), good cause to waive the thirty
(30) day delayed effectiveness period for the reason stated above.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 15, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2015-23598 Filed 9-16-15; 4:15 pm]
BILLING CODE 3510-22-P