Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer From NC to VA, 71181 [2021-27130]

Download as PDF Federal Register / Vol. 86, No. 238 / Wednesday, December 15, 2021 / Rules and Regulations DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No.: 201214–0338; RTID 0648– XB649] Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer From NC to VA National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notification of quota transfer. AGENCY: NMFS announces that the State of North Carolina is transferring a portion of its 2021 commercial summer flounder quota to the Commonwealth of Virginia. This adjustment to the 2021 fishing year quota is necessary to comply with the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan quota transfer provisions. This announcement informs the public of the revised 2021 commercial quotas for North Carolina and Virginia. DATES: Effective December 10, 2021 through December 31, 2021. FOR FURTHER INFORMATION CONTACT: Laura Hansen, Fishery Management Specialist, (978) 281–9225. 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 is described in § 648.102 and final 2021 allocations were published on December 21, 2020 (85 FR 82946). The final rule implementing Amendment 5 to the Summer Flounder Fishery Management Plan (FMP), 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 three criteria in the evaluation of requests for quota transfers or combinations: The transfer or khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:21 Dec 14, 2021 Jkt 256001 combinations would not preclude the overall annual quota from being fully harvested; the transfer addresses an unforeseen variation or contingency in the fishery; and the transfer is consistent with the objectives of the FMP and the Magnuson-Stevens Fishery Conservation and Management Act. The Regional Administrator has determined these three criteria have been met for the transfer approved in this notification. North Carolina is transferring 14,285 lb (6,480 kg) to Virginia through mutual agreement of the states. This transfer was requested to repay landings made by out-of-state permitted vessel under a safe harbor agreement. The revised summer flounder quotas for 2021 are: North Carolina, 2,918,480 lb (1,323,800 lb) and Virginia, 2,374,061 lb (1,076,856 kg). Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR 648.162(e)(1)(i) through (iii), which was issued pursuant to section 304(b), and is exempted from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: December 10, 2021. Ngagne Jafnar Gueye, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–27130 Filed 12–10–21; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 210217–0022; RTID 0648– XB065] Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting directed fishing for Pacific ocean perch in the Eastern Aleutian district (EAI) of the Bering Sea and Aleutian Islands management area (BSAI) by vessels participating in the BSAI trawl limited access sector fishery. This action is necessary to prevent exceeding the 2021 SUMMARY: PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 71181 total allowable catch (TAC) of Pacific ocean perch in the EAI allocated to vessels participating in the BSAI trawl limited access sector fishery. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), December 10, 2021, through 2400 hrs, A.l.t., December 31, 2021. FOR FURTHER INFORMATION CONTACT: Allyson Olds, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan (FMP) for Groundfish of the BSAI prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the BSAI FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2021 TAC of Pacific ocean perch, in the EAI, allocated to vessels participating in the BSAI trawl limited access sector fishery was established as a directed fishing allowance of 742 metric tons by the final 2021 and 2022 harvest specifications for groundfish in the BSAI (86 FR 11449, February 25, 2021). In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific ocean perch in the EAI by vessels participating in the BSAI trawl limited access sector fishery. While this closure is effective, the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR part 679, which was issued pursuant to section 304(b), and is exempt from review under Executive Order 12866. Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment would be impracticable and contrary to the public interest, as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of Pacific ocean perch directed fishery in the EAI for vessels participating in the BSAI trawl limited access sector fishery. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of December 9, 2021. E:\FR\FM\15DER1.SGM 15DER1

Agencies

[Federal Register Volume 86, Number 238 (Wednesday, December 15, 2021)]
[Rules and Regulations]
[Page 71181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27130]



[[Page 71181]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.: 201214-0338; RTID 0648-XB649]


Fisheries of the Northeastern United States; Summer Flounder 
Fishery; Quota Transfer From NC to VA

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

ACTION: Notification of quota transfer.

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SUMMARY: NMFS announces that the State of North Carolina is 
transferring a portion of its 2021 commercial summer flounder quota to 
the Commonwealth of Virginia. This adjustment to the 2021 fishing year 
quota is necessary to comply with the Summer Flounder, Scup, and Black 
Sea Bass Fishery Management Plan quota transfer provisions. This 
announcement informs the public of the revised 2021 commercial quotas 
for North Carolina and Virginia.

DATES: Effective December 10, 2021 through December 31, 2021.

FOR FURTHER INFORMATION CONTACT: Laura Hansen, Fishery Management 
Specialist, (978) 281-9225.

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 is described in Sec.  648.102 and final 2021 allocations were 
published on December 21, 2020 (85 FR 82946).
    The final rule implementing Amendment 5 to the Summer Flounder 
Fishery Management Plan (FMP), 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 three criteria in the evaluation 
of requests for quota transfers or combinations: The transfer or 
combinations would not preclude the overall annual quota from being 
fully harvested; the transfer addresses an unforeseen variation or 
contingency in the fishery; and the transfer is consistent with the 
objectives of the FMP and the Magnuson-Stevens Fishery Conservation and 
Management Act. The Regional Administrator has determined these three 
criteria have been met for the transfer approved in this notification.
    North Carolina is transferring 14,285 lb (6,480 kg) to Virginia 
through mutual agreement of the states. This transfer was requested to 
repay landings made by out-of-state permitted vessel under a safe 
harbor agreement. The revised summer flounder quotas for 2021 are: 
North Carolina, 2,918,480 lb (1,323,800 lb) and Virginia, 2,374,061 lb 
(1,076,856 kg).

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 648.162(e)(1)(i) through 
(iii), which was issued pursuant to section 304(b), and is exempted 
from review under Executive Order 12866.

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

    Dated: December 10, 2021.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-27130 Filed 12-10-21; 4:15 pm]
BILLING CODE 3510-22-P
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