[Federal Register Volume 78, Number 151 (Tuesday, August 6, 2013)]
[Rules and Regulations]
[Page 47580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18974]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 121009528-2729-02]
RIN 0648-XC749


Fisheries of the Northeastern United States; Scup Fishery; 
Adjustment to the 2013 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 2013 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 November 1, 2013, through December 31, 2013.

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 2013, the initial Winter II quota is 3,750,249 lb (1,701 mt), 
and the best available landings information indicates that 3,182,749 lb 
(1,444 mt) remain of the Winter I quota of 10,613,157 lb (4,814 mt). 
Consistent with the intent of Framework 3, the full amount of unused 
2013 Winter I quota is transferred to Winter II, resulting in a revised 
2013 Winter II quota of 6,932,998 lb (3,145 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 2013 final scup 
specifications Table 7 (77 FR 76942, December 31, 2012).

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), has 
determined good cause exists 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, consequently, 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: July 31, 2013.
Kelly Denit,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-18974 Filed 8-5-13; 8:45 am]
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