[Federal Register Volume 78, Number 238 (Wednesday, December 11, 2013)]
[Rules and Regulations]
[Page 75267]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29525]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 111220786-1781-01]
RIN 0648-XD012


Fisheries of the Northeastern United States; Summer Flounder 
Fishery; Commercial Quota Available for the State of New Jersey

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

ACTION: Temporary rule.

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SUMMARY: NMFS announces that the 2013 summer flounder commercial 
fishery in the State of New Jersey will be reopened to provide the 
opportunity for the fishery to fully harvest the available quota. 
Vessels issued a commercial Federal fisheries permit for the summer 
flounder fishery may land summer flounder in New Jersey until the quota 
is fully harvested. Regulations governing the summer flounder fishery 
require publication of this notification to advise New Jersey that 
quota remains available, and the summer flounder fishery is open to 
vessel permit holders for landing summer flounder in New Jersey, and to 
inform dealer permit holders in New Jersey that they may purchase 
summer flounder.

DATES: Effective December 6, 2013, through December 31, 2013.

FOR FURTHER INFORMATION CONTACT: Carly Bari, (978) 281-9224, or 
Carly.Bari@noaa.gov.

SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder 
fishery are found at 50 CFR part 648. The regulations require annual 
specification of a commercial quota that is apportioned on a percentage 
basis among the coastal states from North Carolina through Maine. The 
process to set the annual commercial quota and the percent allocated to 
each state is described in Sec.  648.102.
    The initial total commercial quota for summer flounder for the 2013 
fishing year is 11,793,596 lb (5,349,575 kg) (77 FR 76942, December 31, 
2012). The percent allocated to vessels landing summer flounder in New 
Jersey is 16.72499 percent, resulting in a commercial quota of 
1,972,478 lb (894,716 kg). The 2013 allocation was adjusted to 
1,972,066 lb (894,514 kg) after deduction of research set-aside, 
adjustment for 2012 quota overages, and adjustments for quota transfers 
between states. On November 27, 2013, NMFS closed the 2013 commercial 
summer flounder fishery in New Jersey prematurely, quota remains 
available for harvest.
    The Administrator, Northeast Region, NMFS (Regional Administrator), 
monitors the state commercial landings and has determined that, due to 
an error, there is still commercial summer flounder quota available for 
harvest in New Jersey. NMFS is required to publish notification in the 
Federal Register advising and notifying commercial vessels and dealer 
permit holders that, effective upon a specific date, there is 
commercial quota available for landing summer flounder in that state.
    Therefore, effective December 6, 2013, vessels holding summer 
flounder commercial Federal fisheries permits can land summer flounder 
in New Jersey until the commercial state quota is fully harvested. 
Effective December 6, 2013, federally permitted dealers can also 
purchase summer flounder from federally permitted vessels that land in 
New Jersey until the commercial state quota is fully harvested.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    The Assistant Administrator for Fisheries, NOAA (AA), finds good 
cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the 
opportunity for public comment because it would be contrary to the 
public interest. This action reopens the summer flounder fishery for 
New Jersey until the state commercial summer flounder quota is fully 
harvested, under current regulations. If implementation of this 
reopening was delayed to solicit prior public comment, the quota for 
this fishing year would not be fully harvested, thereby undermining the 
conservation objectives of the Summer Flounder Fishery Management Plan. 
The AA further finds, pursuant to 5 U.S.C. 553(d)(3), good cause to 
waive the 30-day delayed effectiveness period for the reason stated 
above.

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

    Dated: December 6, 2013.
Sean F. Corson,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-29525 Filed 12-6-13; 4:15 pm]
BILLING CODE 3510-22-P