[Federal Register Volume 77, Number 169 (Thursday, August 30, 2012)]
[Rules and Regulations]
[Page 52624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21479]

[[Page 52624]]



National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 120412408-2408-01]
RIN 0648-XC163

Fisheries of the Northeastern United States; Scup Fishery; 
Adjustment to the 2012 Winter II Quota

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

ACTION: Temporary rule; inseason adjustment.


SUMMARY: NMFS adjusts the 2012 Winter II commercial scup quota. This 
action complies with Framework Adjustment 3 to the Summer Flounder, 
Scup, and Black Sea Bass Fishery Management Plan, which established a 
process to allow the rollover of unused commercial scup quota from the 
Winter I period to the Winter II period.

DATES: Effective August 30, 2012, through December 31, 2012.

FOR FURTHER INFORMATION CONTACT: Carly Bari, Fishery Management 
Specialist, (978) 281-9224.

SUPPLEMENTARY INFORMATION: NMFS published a final rule in the Federal 
Register on November 3, 2003 (68 FR 62250), implementing a process, for 
years in which the full Winter I commercial scup quota is not 
harvested, to allow unused quota from the Winter I period (January 1 
through April 30) to be added to the quota for the Winter II period 
(November 1 through December 31), and to allow adjustment of the 
commercial possession limit for the Winter II period commensurate with 
the amount of quota rolled over from the Winter I period.
    For 2012, the initial Winter II quota is 4,448,627 lb (2,018 mt), 
and the best available landings information indicates that 7,186,694 lb 
(3,259 mt) remain of the Winter I quota of 12,589,558 lb (5,710 mt). 
Consistent with the intent of Framework 3, the full amount of unused 
2012 Winter I quota is transferred to Winter II, resulting in a revised 
2012 Winter II quota of 11,635,321 lb (5,277 mt). Because the amount 
transferred is greater than 2,000,000 lb (907 mt), the possession limit 
per trip will increase to 8,000 lb (3,629 kg) during the Winter II 
quota period, consistent with the final rule Winter I to Winter II 
possession limit increase table published in the 2012 final scup 
specifications Table 3, (77 FR 24151, April 23, 2012).


    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 on this in-season adjustment because it 
is impracticable and contrary to the public interest. The landings data 
upon which this action is based are not available on a real-time basis 
and were compiled only a short time before the determination was made 
that this action is warranted. If implementation of this in-season 
action is delayed to solicit prior public comment, the objective of the 
fishery management plan to achieve the optimum yield from the fishery 
could be compromised; deteriorating weather conditions during the later 
part of the fishery year will reduce fishing effort and could result in 
the annual quota from being fully harvested. This would conflict with 
the agency's legal obligation under the Magnuson-Stevens Fishery 
Conservation and Management Act to achieve the optimum yield from a 
fishery on a continuing basis, resulting in a negative economic impact 
on vessels permitted to fish in this fishery.

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

    Dated: August 27, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2012-21479 Filed 8-29-12; 8:45 am]