[Federal Register Volume 76, Number 168 (Tuesday, August 30, 2011)]
[Rules and Regulations]
[Pages 53831-53832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22164]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 101029427-1413-03]
RIN 0648-XY82


Fisheries of the Northeastern United States; Summer Flounder, 
Scup, and Black Sea Bass Fisheries; 2011 Summer Flounder, Scup, and 
Black Sea Bass Specifications; Correction

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

ACTION: Final rule, correcting amendment.

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SUMMARY: On December 28, 2010, NMFS published in the Federal Register 
the final rule to implement the 2011 summer flounder, scup, and black 
sea bass specifications, which established commercial summer flounder 
allocations for each coastal state from North Carolina to Maine. 
Following publication, an error was identified in the amount of 
commercial summer flounder allocated to the State of Maryland. This 
rule corrects that error.

DATES: Effective August 30, 2011 through December 31, 2011.

FOR FURTHER INFORMATION CONTACT: Carly Knoell, Fisheries Management 
Specialist, (978) 281-9224, [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Regulations for the summer flounder fishery are found at 50 CFR 
part 648. The regulations require annual specification of a commercial 
quota that is apportioned among the coastal states from North Carolina 
through Maine. The process to set the annual commercial quota and the 
percent allocated to each state are described in Sec.  648.100.

Need for Correction

    The final rule implementing 2011 summer flounder, scup, and black 
sea bass specifications published on December 28, 2010 (75 FR 81498). 
An error was found in the specifications in Table 1, on page 81500, 
regarding the amount of commercial summer flounder quota allocated to 
Maryland. Using the most recent summer flounder landings data for 
Maryland, NMFS determined that the 2011 commercial summer flounder 
quota for Maryland should be increased from 298,330 lb (135.3 mt) to 
354,296 lb (160.7 mt). The entry in

[[Page 53832]]

Table 1 for the commercial summer flounder quota for Maryland is 
corrected to read as follows:

                                      Table 1--Final State-by-State Commercial Summer Flounder Allocations for 2011
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                                                                   Initial quota (TAL)  Initial quota,  less   2010 quota overages     Adjusted quota,
                                                          FMP    ----------------------          RSA           (through 10/31/10)         less RSA
                        State                           percent                        -----------------------------------------------------------------
                                                         share        lb         kg         lb         kg         lb         kg         lb         kg
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
MD...................................................    2.03910    360,676    163,603    354,296    160,709          0          0    354,296    160,760
 
                                                                      * * * * * * *
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Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for 
Fisheries, NOAA, finds good cause to waive prior notice and opportunity 
for additional public comment for this action because this would be 
impracticable and contrary to the public interest. The proposed rule 
for the 2011 summer flounder, scup, and black sea bass specification 
already took comment on the initial summer flounder quota with the 
understanding that overage adjustments would be made. This action is 
correcting an error found in the specifications regarding the amount of 
commercial summer flounder quota allocated to Maryland. Using the most 
recent summer flounder landings data for Maryland, NMFS determined that 
the 2011 commercial summer flounder quota for Maryland should be 
increased from 298,330 lb (135.3 mt) to 354,296 lb (160.7 mt). This 
action is correcting an error made in the overage calculation and not 
to the initial summer flounder quota. Delaying the implementation of 
this action to allow for prior notice and opportunity for comment of 
this correction could result in a premature closure of the summer 
flounder fishery in Maryland. Given that Maryland has surpassed the 
state's summer flounder quota in the past, if the revised quota is not 
implemented, there is a higher potential this could happen again, and 
could produce unnecessary adverse economic consequences for fishermen 
that participate in this fishery. The measures in the proposed rule for 
the 2011 summer flounder, scup, and black sea bass specifications, for 
which the opportunity for public comment was already given, are 
unaffected by this correction.
    Moreover, pursuant to 5 U.S.C. 553(d), the Assistant Administrator 
finds good cause to waive the 30-day delay in effective date. This 
action is correcting an error found in the specifications regarding the 
amount of commercial summer flounder quota allocated to Maryland. 
Delaying the effective date of this correction for 30 days could result 
in a premature closure of the summer flounder fishery in Maryland. 
Given that Maryland has surpassed the state's summer flounder quota in 
the past, if the revised quota is not implemented immediately, there is 
a higher potential this could happen again, and could produce 
unnecessary adverse economic consequences for fishermen that 
participate in this fishery.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., do not apply.
    This final rule is exempt from review under Executive Order 12866.

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

    Dated: August 24, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2011-22164 Filed 8-29-11; 8:45 am]
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