Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer From NC to RI, 44063-44064 [2023-14530]
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Federal Register / Vol. 88, No. 131 / Tuesday, July 11, 2023 / Rules and Regulations
but that a civil monetary penalty is not
the most appropriate response.
(2) An initial Finding of Violation
shall be in writing and may be issued
whether or not another agency has taken
any action with respect to the matter.
For additional details concerning
issuance of a Finding of Violation, see
appendix A to part 501 of this chapter.
(b) Response—(1) Right to respond.
An alleged violator has the right to
contest an initial Finding of Violation
by providing a written response to
OFAC.
(2) Deadline for response; default
determination. A response to an initial
Finding of Violation must be made
within 30 days as set forth in paragraphs
(b)(2)(i) and (ii) of this section. The
failure to submit a response within 30
days shall be deemed to be a waiver of
the right to respond, and the initial
Finding of Violation will become final
and will constitute final agency action.
The violator has the right to seek
judicial review of that final agency
action in Federal district court.
(i) Computation of time for response.
A response to an initial Finding of
Violation must be postmarked or datestamped by the U.S. Postal Service (or
foreign postal service, if mailed abroad)
or courier service provider (if
transmitted to OFAC by courier), or
dated if sent by email, on or before the
30th day after the postmark date on the
envelope in which the initial Finding of
Violation was served or date the Finding
of Violation was sent by email. If the
initial Finding of Violation was
personally delivered by a non-U.S.
Postal Service agent authorized by
OFAC, a response must be postmarked
or date-stamped on or before the 30th
day after the date of delivery.
(ii) Extensions of time for response. If
a due date falls on a Federal holiday or
weekend, that due date is extended to
include the following business day. Any
other extensions of time will be granted,
at the discretion of OFAC, only upon
specific request to OFAC.
(3) Form and method of response. A
response to an initial Finding of
Violation need not be in any particular
form, but it must be typewritten and
signed by the alleged violator or a
representative thereof (electronic
signature is acceptable), contain
information sufficient to indicate that it
is in response to the initial Finding of
Violation, and include the OFAC
identification number listed on the
initial Finding of Violation. The
response must be sent to OFAC’s
Enforcement Division by mail or courier
or email and must be postmarked or
date-stamped in accordance with
paragraph (b)(2) of this section.
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(4) Information that should be
included in response. Any response
should set forth in detail why the
alleged violator either believes that a
violation of the regulations in this part
did not occur and/or why a Finding of
Violation is otherwise unwarranted
under the circumstances, with reference
to the General Factors Affecting
Administrative Action set forth in the
Guidelines contained in appendix A to
part 501 of this chapter. The response
should include all documentary or other
evidence available to the alleged
violator that supports the arguments set
forth in the response. OFAC will
consider all relevant materials
submitted in the response.
(c) Determination—(1) Determination
that a Finding of Violation is warranted.
If, after considering the response, OFAC
determines that a final Finding of
Violation should be issued, OFAC will
issue a final Finding of Violation that
will inform the violator of its decision.
A final Finding of Violation shall
constitute final agency action. The
violator has the right to seek judicial
review of that final agency action in
Federal district court.
(2) Determination that a Finding of
Violation is not warranted. If, after
considering the response, OFAC
determines a Finding of Violation is not
warranted, then OFAC will inform the
alleged violator of its decision not to
issue a final Finding of Violation.
Note 1 to paragraph (c)(2). A
determination by OFAC that a final Finding
of Violation is not warranted does not
preclude OFAC from pursuing other
enforcement actions consistent with the
Guidelines contained in appendix A to part
501 of this chapter.
(d) Representation. A representative
of the alleged violator may act on behalf
of the alleged violator, but any oral
communication with OFAC prior to a
written submission regarding the
specific alleged violations contained in
the initial Finding of Violation must be
preceded by a written letter of
representation, unless the initial
Finding of Violation was served upon
the alleged violator in care of the
representative.
Subpart H—Procedures
§ 526.801
Procedures.
For license application procedures
and procedures relating to amendments,
modifications, or revocations of
licenses; administrative decisions;
rulemaking; and requests for documents
pursuant to the Freedom of Information
and Privacy Acts (5 U.S.C. 552 and
552a), see part 501, subpart E, of this
chapter.
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44063
§ 526.802 Delegation of certain authorities
of the Secretary of the Treasury.
Any action that the Secretary of the
Treasury is authorized to take pursuant
to E.O. 14078 of July 19, 2022, and any
further Executive orders relating to the
national emergency declared therein,
may be taken by the Director of OFAC
or by any other person to whom the
Secretary of the Treasury has delegated
authority so to act.
Subpart I—Paperwork Reduction Act
§ 526.901
Paperwork Reduction Act notice.
For approval by the Office of
Management and Budget (OMB) under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3507) of information
collections relating to recordkeeping
and reporting requirements, licensing
procedures, and other procedures, see
§ 501.901 of this chapter. An agency
may not conduct or sponsor, and a
person is not required to respond to, a
collection of information unless it
displays a valid control number
assigned by OMB.
Andrea M. Gacki,
Director, Office of Foreign Assets Control.
[FR Doc. 2023–14265 Filed 7–10–23; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 221223–0282]
RTID 0648–XD123
Fisheries of the Northeastern United
States; Summer Flounder Fishery;
Quota Transfer From NC to RI
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 2023 commercial summer
flounder quota to the State of Rhode
Island. 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 North Carolina
and Rhode Island.
DATES: Effective July 10, 2023 through
December 31, 2023.
SUMMARY:
E:\FR\FM\11JYR1.SGM
11JYR1
44064
Federal Register / Vol. 88, No. 131 / Tuesday, July 11, 2023 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Laura Deighan, Fishery Management
Specialist, (978) 281–9184.
ddrumheller on DSK120RN23PROD with RULES1
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
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
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Jkt 259001
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
(Magnuson-Stevens Act). The Regional
Administrator has determined these
three criteria have been met for the
transfer approved in this notification.
North Carolina is transferring 25,273
lb (11,464 kg) to Rhode Island through
a mutual agreement between the states.
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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 North
Carolina, 3,303,285 lb (1,498,345 kg),
and Rhode Island, 2,230,478 lb
(1,011,728 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: July 5, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–14530 Filed 7–10–23; 8:45 am]
BILLING CODE 3510–22–P
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11JYR1
]]>Agencies
[Federal Register Volume 88, Number 131 (Tuesday, July 11, 2023)]
[Rules and Regulations]
[Pages 44063-44064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14530]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 221223-0282]
RTID 0648-XD123
Fisheries of the Northeastern United States; Summer Flounder
Fishery; Quota Transfer From NC to RI
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notification of quota transfer.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the State of North Carolina is
transferring a portion of its 2023 commercial summer flounder quota to
the State of Rhode Island. 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 North Carolina and Rhode Island.
DATES: Effective July 10, 2023 through December 31, 2023.
[[Page 44064]]
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 (Magnuson-Stevens Act). The Regional Administrator has
determined these three criteria have been met for the transfer approved
in this notification.
North Carolina is transferring 25,273 lb (11,464 kg) to Rhode
Island through a mutual agreement between 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 North Carolina, 3,303,285 lb (1,498,345 kg), and Rhode Island,
2,230,478 lb (1,011,728 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: July 5, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-14530 Filed 7-10-23; 8:45 am]
BILLING CODE 3510-22-P
