[Federal Register Volume 78, Number 188 (Friday, September 27, 2013)]
[Rules and Regulations]
[Page 59626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23566]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 111220786-1781-01]
RIN 0648-XC878


Fisheries of the Northeastern United States; Summer Flounder 
Fishery; Commercial Quota Harvested for the State of New York

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 2013 summer flounder commercial quota 
allocated to the State of New York has been harvested. Vessels issued a 
commercial Federal fisheries permit for the summer flounder fishery may 
not land summer flounder in New York for the remainder of calendar year 
2013, 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 York 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 New York.

DATES: Effective October 1, 2013, through December 31, 2013.

FOR FURTHER INFORMATION CONTACT: Carly Bari, (978) 281-9224, 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 total commercial quota for summer flounder for the 2013 
fishing year is 11,793,596 lb (5,349,575 kg) (77 FR 76942, December 31, 
2012). The percent allocated to vessels landing summer flounder in New 
York is 7.64699 percent, resulting in a commercial quota of 901,855 lb 
(409,081 kg). The 2013 allocation was adjusted to 842,605 lb (382,206 
kg) after deduction of research set-aside and adjustment for prior 
years' quota overages.
    The Administrator, Northeast 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, based upon dealer reports and other 
available information that, New York has harvested its quota for 2013.
    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, October 1, 2013, 
landings of summer flounder in New York by vessels holding summer 
flounder commercial Federal fisheries permits are prohibited for the 
remainder of the 2013 calendar year, unless additional quota becomes 
available through a transfer and is announced in the Federal Register. 
Effective 0001 hours, October 1, 2013, federally permitted dealers are 
also notified that they may not purchase summer flounder from federally 
permitted vessels that land in New York 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 
York until January 1, 2014, under current regulations. The regulations 
at Sec.  648.103(b) require such action to ensure that summer flounder 
vessels do not exceed state quotas. If implementation of this closure 
was delayed to solicit prior public comment, the quota for this fishing 
year will 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 thirty (30) day 
delayed effectiveness period for the reason stated above.

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

    Dated: September 24, 2013.
Kelly Denit,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-23566 Filed 9-26-13; 8:45 am]
BILLING CODE 3510-22-P