[Federal Register Volume 76, Number 151 (Friday, August 5, 2011)]
[Rules and Regulations]
[Pages 47491-47492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19929]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 101029427-0609-02]
RIN 0648-XA555


Fisheries of the Northeastern United States; Scup Fishery; 
Adjustment to the 2011 Winter II Quota

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

ACTION: Temporary rule; inseason adjustment.

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SUMMARY: NMFS adjusts the 2011 Winter II commercial scup quota. This 
action complies with Framework Adjustment 3 (Framework 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 5, 2011 through December 31, 2011.

FOR FURTHER INFORMATION CONTACT: Carly Knoell, 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 2011, the initial Winter II quota is 3,245,500 lb (1,472 mt), 
and the best available landings information indicates that 3,366,913 lb 
(1,527 mt) remain of the Winter I quota of 9,184,725 lb (4,166 mt). 
Consistent with the intent of Framework 3, the full amount of unused 
2011 Winter I quota is transferred to Winter II, resulting in a revised 
2011 Winter II quota of 6,612,413 lb (2,999 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 (table 3) published in the 2011 final 
scup specifications (75 FR 81498, December 28, 2010).

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 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

[[Page 47492]]

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 2, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-19929 Filed 8-4-11; 8:45 am]
BILLING CODE 3510-22-P