[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Rules and Regulations]
[Pages 76950-76951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31423]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 111220786-2728-03]
RIN 0648-XA795
Fisheries of the Northeastern United States; Summer Flounder,
Scup, and Black Sea Bass Fisheries; 2012 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, correction.
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SUMMARY: On April 23, 2012, NMFS published in the Federal Register the
final rule to implement the 2012 summer flounder, scup, and black sea
bass specifications, which established commercial summer flounder
allocations for each coastal state from North Carolina to Maine, and
the summer flounder recreational harvest limit. Following publication,
an error was identified in the commercial summer flounder quota and
recreational harvest limit. This rule corrects that error.
DATES: Effective December 26, 2012, through December 31, 2012.
FOR FURTHER INFORMATION CONTACT: Carly Bari, Fisheries Management
Specialist, (978) 281-9224, [email protected].
SUPPLEMENTARY INFORMATION:
Background
NMFS publishes this rule to correct an error in the commercial
summer flounder quota and recreational harvest limit, which was
implemented in the April 23, 2012 final rule on the 2012 summer
flounder, scup, and black sea bass specifications. 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 and a
coastwide recreational harvest limit. The process to set the annual
commercial quota and the percent allocated to each state are described
in Sec. 648.102.
Need for Correction
The final rule implementing 2012 summer flounder, scup, and black
sea bass specifications published on April 23, 2012 (77 FR 24151). An
error was found in the summer flounder commercial quota and
recreational harvest limit. The 3-percent research set-aside (RSA) was
mistakenly deducted twice from the quotas. The revised 2012 summer
flounder commercial quota, less RSA, is 13,136,000 lb (5,958,490 kg),
and the revised 2012 summer flounder recreational harvest limit, less
RSA, is 8,758,000 lb (3,972,629 kg). Table 1 presents the allocations
of summer flounder by state with the corrected commercial quota
including RSA, overages, and transfers through December 11, 2012.
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 interim final
rule for the 2012 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
summer flounder commercial quota and recreational harvest limit. In the
April 23, 2012 rule, the 3-percent research set-aside (RSA) was
mistakenly deducted twice from the quotas. Thus, this rule corrects
this error by increasing the summer flounder commercial and
recreational quotas by 3-percent. Delaying the implementation of this
action to allow for prior notice and
[[Page 76951]]
opportunity for comment of this correction could result in premature
closures of the summer flounder fishery in states that have the
potential to fully harvest their quotas. Given that states have
surpassed their summer flounder quota in the past, if the revised quota
is not implemented, there is the potential that the fishery would reach
the erroneous harvest quota amount, and could produce unnecessary
adverse economic consequences for fishermen that participate in this
fishery. The measures in the interim final rule for the 2012 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
summer flounder commercial quota and recreational harvest limit.
Delaying the effective date of this correction to allow for the 30-day
delay could result in premature closures of the summer flounder fishery
in states that have the potential to fully harvest their quotas. Given
that states have surpassed their summer flounder quota in the past, if
the revised quota is not implemented immediately, there is the
potential that the fishery would reach the erroneous harvest quota
amount, 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.
Correction
In the Federal Register of April 23, 2012, in FR Doc. 2012-9755, on
page 24152, Table 1 is corrected as follows:
Table 1--Final State-by-State Commercial Summer Flounder Allocations for 2012
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Initial quota, less RSA 2011 Quota overages 2012 Quota transfers 2012 Corrected quotas,
-------------------------- (through 10/31/11) (through 12/11/12) accounting for RSA,
FMP Percent ---------------------------------------------------- overages, and transfers
State share to date
lb kg lb kg lb kg -------------------------
lb kg
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ME................................ 0.04756 6,247 2,834 0 0 -6,000 -2,722 247 112
NH................................ 0.00046 60 27 0 0 0 0 60 27
MA................................ 6.82046 895,936 406,396 0 0 0 0 895,936 406,396
RI................................ 15.68298 2,060,116 934,469 0 0 13,925 6,316 2,074,041 940,785
CT................................ 2.25708 296,490 134,488 0 0 6,000 2,722 302,490 137,209
NY................................ 7.64699 1,004,509 455,645 50,736 23,014 0 0 953,773 432,631
NJ................................ 16.72499 2,196,995 996,557 0 0 0 0 2,196,995 996,557
DE................................ 0.01779 2,337 1,060 54,982 24,940 0 0 -52,645 -23,880
MD................................ 2.0391 267,856 121,500 0 0 0 0 267,856 121,500
VA................................ 21.31676 2,800,170 1,270,157 0 0 1,890,420 857,495 4,690,590 2,127,651
NC................................ 27.44584 3,605,286 1,635,358 0 0 -1,904,345 -863,811 1,700,941 771,547
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Total......................... 100.00 13,136,001 5,958,490 105,718 47,954 N/A N/A 13,030,283 5,910,537
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Notes: 2011 quota overage is determined through comparison of landings for January through October 2011, plus any landings in 2010 in excess of the 2010
quota (that were not previously address in the 2011 specifications) for each state. For Delaware, this includes continued repayment of overharvest
from previous years. Total quota is the sum for all state with an allocation. A state with a negative number has a 2012 allocation of zero (0).
Kilograms are as converted from pounds and may not necessarily add due to rounding.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 21, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
[FR Doc. 2012-31423 Filed 12-26-12; 4:15 pm]
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