[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
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* * * * * * *
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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