Fisheries of the Northeastern United States; Scup Fishery; Adjustment to the 2016 Winter II Quota, 56535 [2016-20031]

Download as PDF Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Rules and Regulations comment, and a 30-day delay in effectiveness, prevents the immediate closure of the GOM Cod Trimester 1 TAC Area. Delaying the effective date of a closure increases the likelihood that the common pool fishery will exceed its quota of GOM cod to the detriment of this stock, which could undermine management objectives of the Northeast Multispecies Fishery Management Plan. Additionally, an overage of the common pool quota could cause negative economic impacts to the common pool fishery as a result of overage paybacks in a future trimester or fishing year. Authority: 16 U.S.C. 1801 et seq. Dated: August 16, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016–19983 Filed 8–17–16; 4:15 pm] BILLING CODE 3510–22–P Classification DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 150903814–5999–02] RIN 0648–XE755 Fisheries of the Northeastern United States; Scup Fishery; Adjustment to the 2016 Winter II Quota National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason adjustment. AGENCY: NMFS adjusts the 2016 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, 2016, through December 31, 2016. 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 Lhorne on DSK30JT082PROD with RULES SUMMARY: VerDate Sep<11>2014 15:11 Aug 19, 2016 Jkt 238001 of the commercial possession limit for the Winter II period dependent on the amount of quota rolled over from the Winter I period. For 2016, the initial Winter II quota is 3,262,554 lb (1,480 mt), and the best available landings information indicates that 3,192,389 lb (1,448 mt) remain of the Winter I quota of 9,232,987 lb (4,188 mt). Consistent with the intent of Framework 3, the full amount of unused 2016 Winter I quota would be transferred to Winter II, resulting in a revised 2016 Winter II quota of 6,454,943 lb (2,928 mt). Because the amount transferred is greater than 2,000,000 lb (907 mt), the possession limit per trip will increase from 12,000 lb (5,443 kg) to 18,000 lb (8,165 kg), as outlined in the final rule that established the 2016 specifications, published on December 28, 2015 (80 FR 80689). 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. Moreover, the rollover process and potential changes in trip limits were already outlined in the 2016 to 2018 specifications published December 28, 2015, that were provided for notice and comment rulemaking. No comments were received on either part. Authority: 16 U.S.C. 1801 et seq. PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 56535 Dated: August 17, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016–20031 Filed 8–19–16; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 150903814–5999–02] RIN 0648–XE810 Fisheries of the Northeastern United States; Summer Flounder Fishery; Commercial Quota Harvested for the Commonwealth of Massachusetts National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS announces that the 2016 summer flounder commercial quota allocated to the Commonwealth of Massachusetts has been harvested. Vessels issued a commercial Federal fisheries permit for the summer flounder fishery may not land summer flounder in Massachusetts for the remainder of calendar year 2016, unless additional quota becomes available through a transfer from another state. Regulations governing the summer flounder fishery require publication of this notification to advise Massachusetts 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 Massachusetts. DATES: Effective 0001 hours, August 19, 2016, through December 31, 2016. FOR FURTHER INFORMATION CONTACT: Reid Lichwell, (978) 281–9112, or Reid.Lichwell@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 commercial quota for summer flounder for the 2016 calendar year was set equal to 8,124,035 lb (3,684,997 kg) (80 FR 80689, December SUMMARY: E:\FR\FM\22AUR1.SGM 22AUR1

Agencies

[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Rules and Regulations]
[Page 56535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20031]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 150903814-5999-02]
RIN 0648-XE755


Fisheries of the Northeastern United States; Scup Fishery; 
Adjustment to the 2016 Winter II Quota

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; inseason adjustment.

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SUMMARY: NMFS adjusts the 2016 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, 2016, through December 31, 2016.

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 2016, the initial Winter II quota is 3,262,554 lb (1,480 mt), 
and the best available landings information indicates that 3,192,389 lb 
(1,448 mt) remain of the Winter I quota of 9,232,987 lb (4,188 mt). 
Consistent with the intent of Framework 3, the full amount of unused 
2016 Winter I quota would be transferred to Winter II, resulting in a 
revised 2016 Winter II quota of 6,454,943 lb (2,928 mt). Because the 
amount transferred is greater than 2,000,000 lb (907 mt), the 
possession limit per trip will increase from 12,000 lb (5,443 kg) to 
18,000 lb (8,165 kg), as outlined in the final rule that established 
the 2016 specifications, published on December 28, 2015 (80 FR 80689).

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. Moreover, the rollover 
process and potential changes in trip limits were already outlined in 
the 2016 to 2018 specifications published December 28, 2015, that were 
provided for notice and comment rulemaking. No comments were received 
on either part.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: August 17, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-20031 Filed 8-19-16; 8:45 am]
 BILLING CODE 3510-22-P
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