[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Rules and Regulations]
[Pages 56535-56536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19995]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 150903814-5999-02]
RIN 0648-XE810
Fisheries of the Northeastern United States; Summer Flounder
Fishery; Commercial Quota Harvested for the Commonwealth of
Massachusetts
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 2016 summer flounder commercial quota
allocated to the Commonwealth of Massachusetts has been harvested.
Vessels issued a commercial Federal fisheries permit for the summer
flounder fishery may not land summer flounder in Massachusetts for the
remainder of calendar year 2016, unless additional quota becomes
available through a transfer from another state. Regulations governing
the summer flounder fishery require publication of this notification to
advise Massachusetts that the quota has been harvested and to advise
vessel permit holders and dealer permit holders that no Federal
commercial quota is available for landing summer flounder in
Massachusetts.
DATES: Effective 0001 hours, August 19, 2016, through December 31,
2016.
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 commercial quota for summer flounder for the 2016
calendar year was set equal to 8,124,035 lb (3,684,997 kg) (80 FR
80689, December
[[Page 56536]]
28, 2015). The percent allocated to vessels landing summer flounder in
Massachusetts is 6.82046 percent, resulting in an initial commercial
quota of 554,097 lb (251,334 kg). This allocation was adjusted to
577,777 lb (262,075 kg) after Massachusetts received quota transfers
from the states of Virginia and North Carolina.
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 no longer available to landing summer flounder in
that state. The Regional Administrator has determined, based upon
dealer reports and other available information, that the 2016
Massachusetts commercial summer flounder quota will be harvested by
August 12, 2016.
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, August 19, 2016,
landings of summer flounder in Massachusetts by vessels holding summer
flounder commercial Federal fisheries permits are prohibited for the
remainder of the 2016 calendar year, unless additional quota becomes
available through a transfer and is announced in the Federal Register.
Effective 0001 hours, August 19, 2016, federally permitted dealers are
also notified that they may not purchase summer flounder from federally
permitted vessels that land in Massachusetts for the remainder of the
calendar year, or unless 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
Massachusetts until January 1, 2017, 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, good cause to waive the 30-day
delayed effectiveness period, as outline in 5 U.S.C. 553(d)(3), for the
reason stated above.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 17, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-19995 Filed 8-19-16; 8:45 am]
BILLING CODE 3510-22-P