Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer, 91878-91879 [2016-30041]
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91878
Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Rules and Regulations
not overfished (B2011/Bmsy = 1.14), and
overfishing is not occurring (F2011/Fmsy =
0.82). Increasing the retention limits for
this U.S. handgear fishery is not
expected to affect the swordfish stock
status determination because any
additional landings would be within the
established overall U.S. North Atlantic
swordfish quota allocation
recommended by ICCAT. Increasing
opportunity beginning on January 1,
2017, is also important because of the
migratory nature and seasonal
distribution of swordfish. In a particular
geographic region, or waters accessible
from a particular port, the amount of
fishing opportunity for swordfish may
be constrained by the short amount of
time the swordfish are present as they
migrate.
NMFS also has determined that the
retention limit will remain at zero
swordfish per vessel per trip in the
Florida SWO Management Area at this
time. As discussed above, NMFS
considered consistency with the 2006
HMS FMP and its amendments and the
importance for NMFS to continue to
provide protection to important
swordfish juvenile areas and migratory
corridors. As described in Amendment
8 to the 2006 Consolidated HMS FMP
(78 FR 52012), the area off the
southeastern coast of Florida,
particularly the Florida Straits, contains
oceanographic features that make the
area biologically unique. It provides
important juvenile swordfish habitat,
and is essentially a narrow migratory
corridor containing high concentrations
of swordfish located in close proximity
to high concentrations of people who
may fish for them. Public comment on
Amendment 8, including from the
Florida Fish and Wildlife Conservation
Commission, indicated concern about
the resultant high potential for the
improper rapid growth of a commercial
fishery, increased catches of undersized
swordfish, the potential for larger
numbers of fishermen in the area, and
the potential for crowding of fishermen,
which could lead to gear and user
conflicts. These concerns remain valid.
NMFS will continue to collect
information to evaluate the
appropriateness of the retention limit in
the Florida SWO Management Area and
other regional retention limits. This
action therefore maintains a zero-fish
retention limit in the Florida Swordfish
Management Area.
These adjustments are consistent with
the 2006 Consolidated HMS FMP as
amended, ATCA, and the MagnusonStevens Act, and are not expected to
negatively impact stock health.
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Monitoring and Reporting
NMFS will continue to monitor the
swordfish fishery closely during 2017
through mandatory landings and catch
reports. Dealers are required to submit
landing reports and negative reports (if
no swordfish were purchased) on a
weekly basis.
Depending upon the level of fishing
effort and catch rates of swordfish,
NMFS may determine that additional
retention limit adjustments or closures
are necessary to ensure that available
quota is not exceeded or to enhance
fishing opportunities. Subsequent
actions, if any, will be published in the
Federal Register. In addition, fishermen
may access https://www.nmfs.noaa.gov/
sfa/hms/species/swordfish/landings/
index.html for updates on quota
monitoring.
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
2006 Consolidated HMS FMP, as
amended, provide for inseason retention
limit adjustments to respond to changes
in swordfish landings, the availability of
swordfish on the fishing grounds, the
migratory nature of this species, and
regional variations in the fishery. Based
on available swordfish quota, stock
abundance, fishery performance in
recent years, and the availability of
swordfish on the fishing grounds,
among other considerations, adjustment
to the SWO General Commercial permit
retention limits from the default levels
as discussed above is warranted, except
that it maintains a zero-fish retention
limit in the Florida SWO Management
Area. Analysis of available data shows
that adjustment to the swordfish daily
retention limit from the default levels
would result in minimal risks of
exceeding the ICCAT-allocated quota.
NMFS provides notification of retention
limit adjustments by publishing the
notice in the Federal Register, emailing
individuals who have subscribed to the
Atlantic HMS News electronic
newsletter, and updating the
information posted on the ‘‘Atlantic
HMS Breaking News’’ Web site at https://
www.nmfs.noaa.gov/sfa/hms/news/
breaking_news.html. Delays in
temporarily increasing these retention
limits caused by the time required to
publish a proposed rule and accept
public comment would adversely and
unnecessarily affect those SWO General
Commercial permit holders and HMS
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Charter/Headboat permit holders that
would otherwise have an opportunity to
harvest more than the default retention
limits of three swordfish per vessel per
trip in the Northwest Atlantic and Gulf
of Mexico regions, and two swordfish
per vessel per trip in the U.S. Caribbean
region. Further, any delay beyond
January 1, 2017, the start of the first
semi-annual directed fishing period,
could exacerbate the problem of low
swordfish landings and subsequent
quota rollovers. Limited opportunities
to harvest the directed swordfish quota
may have negative social and economic
impacts for U.S. fishermen. Adjustment
of the retention limits needs to be
effective on January 1, 2017, to allow all
of the affected sectors to benefit from
the adjustment during the relevant time
period, which could pass by for some
fishermen if the action is delayed for
notice and public comment, and to not
preclude fishing opportunities for
fishermen, particularly in the Gulf of
Mexico and U.S. Caribbean regions, who
have access to the fishery during a short
time period because of seasonal fish
migration. 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 all of the above
reasons, there is also good cause under
5 U.S.C. 553(d) to waive the 30-day
delay in effectiveness.
This action is being taken under 50
CFR 635.24(b)(4) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: December 9, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–30042 Filed 12–16–16; 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–XF073
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:
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Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Rules and Regulations
NMFS announces that the
State of Maine is transferring a portion
of its 2016 commercial summer flounder
quota to the State of Connecticut. These
quota adjustments are necessary to
comply with the Summer Flounder,
Scup and Black Sea Bass Fishery
Management Plan quota transfer
provision. This announcement informs
the public of the revised commercial
quotas for Maine and Connecticut.
DATES: Effective December 16, 2016,
through December 31, 2016.
FOR FURTHER INFORMATION CONTACT:
Cynthia Hanson, Fishery Management
Specialist, (978) 281–9180.
SUPPLEMENTARY INFORMATION:
Regulations governing the summer
flounder fishery are found in 50 CFR
648.100 through 648.110. These
regulations require annual specification
of a commercial quota that is
apportioned among the coastal states
from Maine through North Carolina. The
srobinson on DSK5SPTVN1PROD with RULES
SUMMARY:
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process to set the annual commercial
quota and the percent allocated to each
state are described in § 648.102, and the
initial 2016 allocations were published
on December 28, 2015 (80 FR 80689).
The final rule implementing
Amendment 5 to the Summer Flounder
Fishery Management Plan, as published
in the Federal Register on December 17,
1993 (58 FR 65936), provided a
mechanism for transferring summer
flounder commercial quota from one
state to another. Two or more states,
under mutual agreement and with the
concurrence of the NMFS Greater
Atlantic 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)(A) through (C) in the
evaluation of requests for quota transfers
or combinations.
Maine is transferring 3,800 lb (1,724
kg) of summer flounder commercial
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91879
quota to Connecticut. This transfer was
prompted by state officials in
Connecticut to ensure their commercial
summer flounder quota is not exceeded.
The revised summer flounder quotas for
calendar year 2016 are now: Maine, 64
lb (29 kg); and Connecticut, 187,166 lb
(84,897 kg); based on the initial quotas
published in the 2016–2018 Summer
Flounder, Scup, and Black Sea Bass
Specifications on December 28, 2015 (80
FR 80689).
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 9, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–30041 Filed 12–16–16; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\19DER1.SGM
19DER1
]]>Agencies
[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)]
[Rules and Regulations]
[Pages 91878-91879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30041]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 150903814-5999-02]
RIN 0648-XF073
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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[[Page 91879]]
SUMMARY: NMFS announces that the State of Maine is transferring a
portion of its 2016 commercial summer flounder quota to the State of
Connecticut. These quota adjustments are necessary to comply with the
Summer Flounder, Scup and Black Sea Bass Fishery Management Plan quota
transfer provision. This announcement informs the public of the revised
commercial quotas for Maine and Connecticut.
DATES: Effective December 16, 2016, through December 31, 2016.
FOR FURTHER INFORMATION CONTACT: Cynthia Hanson, Fishery Management
Specialist, (978) 281-9180.
SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder
fishery are found in 50 CFR 648.100 through 648.110. These regulations
require annual specification of a commercial quota that is apportioned
among the coastal states from Maine through North Carolina. The process
to set the annual commercial quota and the percent allocated to each
state are described in Sec. 648.102, and the initial 2016 allocations
were published on December 28, 2015 (80 FR 80689).
The final rule implementing Amendment 5 to the Summer Flounder
Fishery Management Plan, as published in the Federal Register on
December 17, 1993 (58 FR 65936), provided a mechanism for transferring
summer flounder commercial quota from one state to another. Two or more
states, under mutual agreement and with the concurrence of the NMFS
Greater Atlantic 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)(A) through (C) in the evaluation of requests for quota
transfers or combinations.
Maine is transferring 3,800 lb (1,724 kg) of summer flounder
commercial quota to Connecticut. This transfer was prompted by state
officials in Connecticut to ensure their commercial summer flounder
quota is not exceeded. The revised summer flounder quotas for calendar
year 2016 are now: Maine, 64 lb (29 kg); and Connecticut, 187,166 lb
(84,897 kg); based on the initial quotas published in the 2016-2018
Summer Flounder, Scup, and Black Sea Bass Specifications on December
28, 2015 (80 FR 80689).
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 9, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-30041 Filed 12-16-16; 8:45 am]
BILLING CODE 3510-22-P
