Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer From Virginia to Massachusetts, 53884-53885 [2024-14218]

Download as PDF khammond on DSKJM1Z7X2PROD with RULES 53884 Federal Register / Vol. 89, No. 125 / Friday, June 28, 2024 / Rules and Regulations 2024 is 288,000 pounds (lb) (130,635 kilograms (kg)), and the recreational ACT is 230,000 lb (104,326 kg) (50 CFR 622.41(d)(2)(i)). These catch limits are based on the projections from the most recent stock assessment, which included estimates of recreational landings in Florida derived from and the Florida Fish and Wildlife Conservation Commission’s State Reef Fish Survey (SRFS). The revised recreational AM states that if recreational landings reach or are projected to reach the applicable recreational ACT, then NMFS will close the recreational sector for the remainder of the fishing year (50 CFR 622.41(d)(2)(ii)). The recreational AMs also state that if NMFS estimates that gag recreational landings have exceeded the applicable recreational ACL and gag is overfished, then in the following fishing year, the recreational ACL and recreational ACT will be reduced by the amount of the recreational ACL overage in the prior fishing year unless the best scientific information available determines that greater, lesser, or no overage adjustment is necessary (50 CFR 622.41(d)(2)(iii)). The final rule also implemented a seasonal closure of the gag recreational sector to prohibit harvest annually from January 1 through August 31 in the Gulf EEZ (50 CFR 622.34(e)). In 2023, NMFS implemented a temporary rule to reduce overfishing of gag while the Gulf of Mexico Fishery Management Council developed Amendment 56 (88 FR 27701, May 3, 2023; 88 FR 69553, October 6, 2023). The temporary rule reduced the 2023 recreational ACL for gag to 403,759 lb (183,142 kg). The 2023 recreational ACL was derived, in part, using landings estimates for Florida from the Marine Recreational Information Program (MRIP) Fishing Effort Survey (FES). Final 2023 landings estimates from MRIP–FES were 737,706 lb (334,618 kg). Because the catch limits in the final rule for Amendment 56 were derived, in part, using estimates from SRFS, these catch limits are not directly comparable to the 2023 catch limits. To determine the magnitude of the 2023 overage as compared to the 2024 ACL, NMFS calibrated the 2023 recreational ACL and recreational landings to be consistent with the estimates produced by SRFS. This calibration results in a 2023 recreational ACL of 211,588 lb (95,975 kg) and 2023 recreational landings of 336,182 lb (152,490 kg), which exceed the ACL by 124,624 lb (56,528 kg). Therefore consistent with the recreational AM at 50 CFR 622.41(d)(2)(iii) the 2024 recreational ACL and ACT are reduced by the VerDate Sep<11>2014 15:52 Jun 27, 2024 Jkt 262001 amount of the 2023 recreational ACL overage. For the 2024 fishing year, the resulting adjusted recreational ACL is 163,376 lb (74,106 kg) and the adjusted recreational ACT is 105,376 lb (47,798 kg). The 2024 recreational fishing season opens on September 1, and NMFS projects that the 2024 adjusted recreational ACT for Gulf gag of 105,376 lb (47,798 kg) will be reached as of September 16, 2024. This closure date is based on projected harvest rates using recreational landings from 2020 through 2023, and the evaluation of five scenarios that generated closure dates ranging from September 13, 2024, to September 22, 2024. To increase the likelihood of constraining harvest to the 2024 adjusted recreational ACT, NMFS is acting conservatively by implementing a closure date near the low end of the projections. Accordingly, this temporary rule closes the recreational sector for Gulf gag effective at 12:01 a.m., local time, on September 16, 2024, through the end of the fishing year on December 31, 2024. During the recreational closure, the bag and possession limits of gag in or from the Gulf EEZ are zero. The prohibition on possession of gag also applies in state waters of the Gulf for any vessel issued a valid Federal charter vessel/headboat permit for Gulf reef fish. Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR 622.41(d)(2)(ii) and (iii), which were issued pursuant to section 304(b) of the Magnuson-Stevens Act, 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 are unnecessary and contrary to the public interest. Such procedures are unnecessary because the regulations associated with the closure of recreational harvest of gag at 50 CFR 622.41(d)(2)(ii) and the reduction of the gag recreational ACL and ACT at 50 CFR 622.41(d)(2)(iii) have already been subject to notice and public comment, and all that remains is to notify the public of the closure based on the adjusted ACT. Prior notice and opportunity for public comment are contrary to the public interest. Prior notice and opportunity for public comment would require time and many of those affected by the length of the recreational fishing seasons, particularly for-hire operations that book trips for PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 clients in advance, need as much notice as NMFS is able to provide to adjust their business plans to account for changes to the recreational fishing season. Authority: 16 U.S.C. 1801 et seq. Dated: June 24, 2024. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2024–14225 Filed 6–25–24; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 231215–0305; RTID 0648– XE067] Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer From Virginia to Massachusetts National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; quota transfer. AGENCY: NMFS announces that the Commonwealth of Virginia is transferring a portion of its 2024 commercial summer flounder quota to the Commonwealth of Massachusetts. This adjustment to the 2024 fishing year quota is necessary to comply with the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) quota transfer provisions. This announcement informs the public of the revised 2024 commercial quotas for Virginia and Massachusetts. DATES: Effective June 27, 2024, through December 31, 2024. 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 648.111. 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 the final 2024 allocations were published on December 21, 2023 (88 FR 88266). The final rule implementing amendment 5 to the FMP, as published in the Federal Register on December 17, SUMMARY: E:\FR\FM\28JNR1.SGM 28JNR1 Federal Register / Vol. 89, No. 125 / Friday, June 28, 2024 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES 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: (1) the transfers or combinations would not preclude the overall annual quota from being fully harvested; (2) the transfers address an unforeseen variation or contingency in VerDate Sep<11>2014 15:52 Jun 27, 2024 Jkt 262001 the fishery; and (3) the transfers are 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. Virginia is transferring 490 pounds (lb; 222 kilograms (kg)) to Massachusetts 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 2024 are: Virginia, 1,895,267 lb (859,679 kg); and Massachusetts, 608,183 lb (275,867 kg). PO 00000 Frm 00037 Fmt 4700 Sfmt 9990 53885 Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR 648.102(c)(2)(i) through (iv), which was issued pursuant to section 304(b) of the Magnuson-Stevens Act, and is exempted from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: June 24, 2024. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2024–14218 Filed 6–27–24; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\28JNR1.SGM 28JNR1

Agencies

[Federal Register Volume 89, Number 125 (Friday, June 28, 2024)]
[Rules and Regulations]
[Pages 53884-53885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14218]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 231215-0305; RTID 0648-XE067]


Fisheries of the Northeastern United States; Summer Flounder 
Fishery; Quota Transfer From Virginia to Massachusetts

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

ACTION: Temporary rule; quota transfer.

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SUMMARY: NMFS announces that the Commonwealth of Virginia is 
transferring a portion of its 2024 commercial summer flounder quota to 
the Commonwealth of Massachusetts. This adjustment to the 2024 fishing 
year quota is necessary to comply with the Summer Flounder, Scup, and 
Black Sea Bass Fishery Management Plan (FMP) quota transfer provisions. 
This announcement informs the public of the revised 2024 commercial 
quotas for Virginia and Massachusetts.

DATES: Effective June 27, 2024, through December 31, 2024.

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 648.111. 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 the final 2024 allocations 
were published on December 21, 2023 (88 FR 88266).
    The final rule implementing amendment 5 to the FMP, as published in 
the Federal Register on December 17,

[[Page 53885]]

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: (1) the transfers or 
combinations would not preclude the overall annual quota from being 
fully harvested; (2) the transfers address an unforeseen variation or 
contingency in the fishery; and (3) the transfers are 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.
    Virginia is transferring 490 pounds (lb; 222 kilograms (kg)) to 
Massachusetts 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 2024 are: Virginia, 1,895,267 lb (859,679 kg); and 
Massachusetts, 608,183 lb (275,867 kg).

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 648.102(c)(2)(i) through 
(iv), which was issued pursuant to section 304(b) of the Magnuson-
Stevens Act, and is exempted from review under Executive Order 12866.

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

    Dated: June 24, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-14218 Filed 6-27-24; 8:45 am]
BILLING CODE 3510-22-P
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