Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer From MD to NJ, 21930 [2023-07616]

Download as PDF ddrumheller on DSK120RN23PROD with RULES1 21930 Federal Register / Vol. 88, No. 70 / Wednesday, April 12, 2023 / Rules and Regulations fishing opportunities for common pool vessels and likely result in early closure of Trimester 3. Additionally, any overage of the annual quota would be deducted from common pool’s quota for the next fishing year, to the detriment of this stock and diminishing fishing opportunities in the following fishing year. The regulations at § 648.85(b)(3)(vii) require that the Regional Administrator announce the total number of allowed trips by common pool vessels that may be declared into the Closed Area II Yellowtail Flounder/Haddock SAP on or about June 1. The Regional Administrator’s announcement is included in this action to meet this regulatory requirement. Doing so ensures that the fishing industry has sufficient notice in order to plan their activities in the new fishing year. This action occurs annually, and industry participants are accustomed to it and expect its timely implementation. Given the low quota for GB yellowtail flounder in recent years, no trips have been allocated to this SAP from fishing year 2010 to fishing year 2022. The regulations at § 648.85(b)(6)(vi) authorize the Regional Administrator to close the Regular B DAS program by prohibiting the use of Regular B DAS when the continuation of the program would undermine the achievement of the objectives of the Northeast Multispecies FMP or the Regular B DAS Program. The Regular B DAS program closure implemented through this action will prevent an overage of the Incidental Catch TACs. Delay of this action would provide vessel owners an opportunity to participate in the Regular B DAS Program, but participation and catch in the program may cause the allocation to be exceeded. In addition to the adverse consequences that are against the public interest, delaying implementation of this action for prior notice and opportunity for comment is unnecessary. These processes were established with prior notice and opportunity for comment. They were established to provide for regular and timely implementation of necessary catch limits to avoid adverse economic or ecological consequences that are not in the public interest. Further, adjusting catch limits in accordance with current conditions and limits provides maximum fishing opportunities practicable that avoid excess catch that may result in overfishing. Fishing industry participants and other stakeholders expect these actions to VerDate Sep<11>2014 16:46 Apr 11, 2023 Jkt 259001 occur annually and in-season. They are regular occurrences to which participants have become accustomed. For the reasons above, delay of this action for additional prior notice and the opportunity for public comment and the 30-day delayed effectiveness period are unnecessary and against the public interest because they would undermine management objectives of the FMP and cause unnecessary negative economic impacts to the common pool fishery. Authority: 16 U.S.C. 1801 et seq. Dated: April 6, 2023. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2023–07613 Filed 4–11–23; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 221223–0282] RTID 0648–XC906 Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer From MD to NJ National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notification of quota transfer. AGENCY: NMFS announces that the State of Maryland is transferring a portion of its 2023 commercial summer flounder quota to the State of New Jersey. This adjustment to the 2023 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 2023 commercial quotas for Maryland and New Jersey. DATES: Effective April 11, 2023, through December 31, 2023. FOR FURTHER INFORMATION CONTACT: Laura Deighan, Fishery Management Specialist, (978) 281–9184. 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 SUMMARY: PO 00000 Frm 00048 Fmt 4700 Sfmt 9990 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 2023 allocations were published on January 3, 2023 (88 FR 11). 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 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. Maryland is transferring 1,105 lb (501 kg) to New Jersey through mutual agreement of the states. This transfer was requested to repay landings made by an out-of-state permitted vessel under a safe harbor agreement. The revised summer flounder quotas for 2023 are: Maryland, 901,109 lb (408,736 kg) and New Jersey, 2,305,822 lb (1,045,903 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: April 6, 2023. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2023–07616 Filed 4–11–23; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\12APR1.SGM 12APR1

Agencies

[Federal Register Volume 88, Number 70 (Wednesday, April 12, 2023)]
[Rules and Regulations]
[Page 21930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07616]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 221223-0282]
RTID 0648-XC906


Fisheries of the Northeastern United States; Summer Flounder 
Fishery; Quota Transfer From MD to NJ

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 Maryland is transferring a 
portion of its 2023 commercial summer flounder quota to the State of 
New Jersey. This adjustment to the 2023 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 2023 commercial quotas for Maryland and New 
Jersey.

DATES: Effective April 11, 2023, through December 31, 2023.

FOR FURTHER INFORMATION CONTACT: Laura Deighan, Fishery Management 
Specialist, (978) 281-9184.

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 2023 allocations were 
published on January 3, 2023 (88 FR 11).
    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.
    Maryland is transferring 1,105 lb (501 kg) to New Jersey through 
mutual agreement of the states. This transfer was requested to repay 
landings made by an out-of-state permitted vessel under a safe harbor 
agreement. The revised summer flounder quotas for 2023 are: Maryland, 
901,109 lb (408,736 kg) and New Jersey, 2,305,822 lb (1,045,903 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: April 6, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-07616 Filed 4-11-23; 8:45 am]
BILLING CODE 3510-22-P
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