[Federal Register Volume 79, Number 231 (Tuesday, December 2, 2014)]
[Rules and Regulations]
[Pages 71339-71340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28379]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 140117052-4402-02]
RIN 0648-XD571
Fisheries of the Northeastern United States; Summer Flounder
Fishery; Commercial Quota Harvested for the State of New Jersey
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS announces that the 2014 summer flounder commercial quota
allocated to the State of New Jersey has been harvested. Vessels issued
a commercial Federal fisheries permit for the summer flounder fishery
may not land summer flounder in New Jersey for the remainder of
calendar year 2014, unless additional quota becomes available through a
transfer from another state. Regulations governing the summer flounder
fishery require publication of this notification to advise New Jersey
that the quota has been harvested, and to advise Federal vessel and
dealer permit holders that no Federal commercial quota is available for
landing summer flounder in New Jersey.
[[Page 71340]]
DATES: Effective 0001 hours, November 29, 2014, through December 31,
2014.
FOR FURTHER INFORMATION CONTACT: Reid Lichwell, (978) 281-9112, or
[email protected].
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 coastwide total commercial quota for summer flounder
for the 2014 fishing year was set at 10,835,720 lb (4,915,000 kg) (79
FR 29371, May 22, 2014). The percent allocated to vessels landing
summer flounder in New Jersey is 16.72499 percent, resulting in a
commercial quota of 1,812,273 lb (822,033 kg). We adjusted the 2014 New
Jersey summer flounder allocation to 1,765,169 lb (800,667 kg) to
deduct research set-aside, quota overages from 2013, and adjustments
for quota transfers between states.
The Administrator, Greater Atlantic Region, NMFS (Regional
Administrator), monitors the state commercial landings and determines
when a state's commercial quota has been harvested. 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, the state's commercial quota has been harvested and no
commercial quota is available for landing summer flounder in that
state. The Regional Administrator has determined that the 2014 New
Jersey commercial summer flounder quota would be harvested by November
24, 2014, based upon dealer reports and other available information.
Section 648.4(b) provides that Federal permit holders agree, as a
condition of the permit, not to land summer flounder in any state that
the Regional Administrator has determined no longer has commercial
quota available. Therefore, effective 0001 hours, November 29, 2014,
landings of summer flounder in New Jersey by vessels holding summer
flounder commercial Federal fisheries permits are prohibited for the
remainder of the 2014 calendar year, unless additional quota becomes
available through a transfer and is announced in the Federal Register.
Effective 0001 hours, November 29, 2014, federally permitted dealers
are also notified that they may not purchase summer flounder from
federally permitted vessels that land in New Jersey for the remainder
of the calendar year, or until additional quota becomes available
through a transfer from another state.
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 closes the summer flounder fishery for New
Jersey until January 1, 2015, under current regulations. The
regulations at Sec. 648.103(b) require such action to ensure that
summer flounder vessels do not exceed quotas allocated to the states.
If implementation of this closure was delayed to solicit prior public
comment, the quota for this fishing year would be exceeded, 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: November 26, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2014-28379 Filed 11-26-14; 4:15 pm]
BILLING CODE 3510-22-P