[Federal Register Volume 79, Number 148 (Friday, August 1, 2014)]
[Proposed Rules]
[Page 44737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18094]



[[Page 44737]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 140616510-4510-01]
RIN 0648-BE33


Fisheries of the Northeastern United States; Summer Flounder 
Fishery; Notice of a Control Date for the Purpose of Limiting Entry to 
the Summer Flounder Fishery; Summer Flounder, Scup, and Black Sea Bass 
Fishery Management Plan

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

ACTION: Advance notice of proposed rulemaking (ANPR); request for 
comments.

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SUMMARY: At the request of the Mid-Atlantic Fishery Management Council, 
this notice announces a control date that may be used to limit the 
number of participants in the commercial summer flounder fishery. The 
control date is intended to help the Council to identify latent effort 
in the summer flounder fishery. NMFS intends this notice to promote 
awareness of possible rulemaking, alert interested parties of potential 
eligibility criteria for future access, and discourage speculative 
entry into and/or investment in the summer flounder fishery while the 
Mid-Atlantic Fishery Management Council and NMFS consider if and how 
participation in the summer flounder fishery should be controlled. We 
are soliciting comments on this action.

DATES: August 1, 2014 shall be known as the ``control date'' for the 
summer flounder fishery, and may be used as a reference date for future 
management measures related to the maintenance of a fishery with 
characteristics consistent with the Council's objectives and applicable 
Federal laws. Written comments must be received on or before September 
2, 2014.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2014-0074 by any of the following methods:
    [ssquf] Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0074, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
    [ssquf] Mail: Submit written comments to John K. Bullard, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930. Mark the outside of the envelope, 
``Comments on Summer Flounder Control Date.''
    Instructions: Comments must be submitted by one of the above 
methods to ensure that the comments are received, documented, and 
considered by NMFS. We may not consider comments sent by any other 
method, to any other address or individual, or received after the end 
of the comment period. All comments received are a part of the public 
record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.) submitted voluntarily by the 
sender will be publicly accessible. Do not submit confidential business 
information, or otherwise sensitive or protected information. NMFS will 
accept anonymous comments (enter ``N/A'' in the required fields if you 
wish to remain anonymous). We accept attachments to electronic comments 
only in Microsoft Word or Excel, WordPerfect, or Adobe PDF file 
formats.

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

SUPPLEMENTARY INFORMATION: In 1988, NMFS implemented the Summer 
Flounder Fishery Management Plan (FMP) to manage summer flounder 
following a decline in summer flounder abundance. Regulations for the 
summer flounder fishery are found at 50 CFR part 648, subpart G. The 
summer flounder fishery is composed of a limited access commercial 
fishery and an open access recreational fishery. A previous control 
date for the summer flounder fishery was established on January 26, 
1990, shortly after the implementation of the FMP, and in anticipation 
of management measures implemented as part of Amendment 2 to the FMP. 
Amendment 2 included implementation of a moratorium on new permits and 
quotas for the summer flounder fishery.
    On June 16, 2014, the Mid-Atlantic Fishery Management Council 
requested that NMFS publish this control date for the summer flounder 
fishery. This new control date would apply to participants in the 
commercial summer flounder fishery. The owner or operator of a vessel 
that landed any summer flounder between January 26, 1985, and January 
26, 1990, was able to qualify for a Federal limited access summer 
flounder permit under Amendment 2. Because of the broad initial 
requirements of the commercial moratorium permit, the Council is 
concerned that there is latent effort in the commercial summer flounder 
fishery. This Advance Notice of Proposed Rulemaking is intended to help 
the Council determine more accurate information on effort in the summer 
flounder fishery while the Council prepares for future amendments to 
the FMP. The date upon which this notice is published shall be known as 
the ``control date,'' which is intended to distinguish established 
participation from latent or speculative effort in the fishery.
    This notification establishes August 1, 2014, as the new control 
date for potential use in determining historical or traditional 
participation in the summer flounder fishery. Establishing a control 
date does not commit the Council or NMFS to develop any particular 
management regime or criteria for participation in this fishery. In the 
future, the Council may choose a different control date, or a 
management program that does not make use of any control date. Any 
future action by NMFS will be taken pursuant to the Magnuson-Stevens 
Fishery Conservation and Management Act. NMFS is soliciting comment on 
the control date, latent effort and limiting accessing in the summer 
flounder fishery.
    This notification also gives the public notice that interested 
participants should locate and preserve records that substantiate and 
verify their participation in the summer flounder fishery.
    This notification and control date do not impose any legal 
obligations, requirements, or expectations.

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

    Dated: July 28, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2014-18094 Filed 7-31-14; 8:45 am]
BILLING CODE 3510-22-P