[Federal Register Volume 79, Number 184 (Tuesday, September 23, 2014)]
[Rules and Regulations]
[Pages 56669-56670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22599]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 140117052-4402-02]
RIN 0648-XD486


Fisheries of the Northeastern United States; Summer Flounder 
Fishery; Commercial Quota Harvested for the Commonwealth of 
Massachusetts

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 2014 summer flounder commercial quota 
allocated to the Commonwealth of Massachusetts has been harvested. 
Vessels issued a commercial Federal fisheries permit for the summer 
flounder fishery may not land summer flounder in Massachusetts for the 
remainder of calendar year 2014, unless additional quota becomes 
available

[[Page 56670]]

through a transfer from another state. Regulations governing the summer 
flounder fishery require publication of this notification to advise 
Massachusetts 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 Massachusetts.

DATES: Effective 0001 hours, September 22, 2014, through December 31, 
2014.

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 2014 
fishing year was set at 10,835,720 lb (4,915,000 kg) (79 FR 29371, May 
22, 2014). The percent allocated to vessels landing summer flounder in 
Massachusetts is 6.82046 percent, resulting in a commercial quota of 
739,046 lb (335,226 kg). The 2014 allocation was adjusted to 688,593 lb 
(312,340 kg) after the deduction of research set-aside and quota 
overages for 2013.
    The Administrator, Greater Atlantic 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 the 2014 Massachusetts 
commercial summer flounder quota will be harvested by September 22, 
2014.
    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, September 22, 2014, 
landings of summer flounder in Massachusetts by vessels holding summer 
flounder commercial Federal fisheries permits are prohibited for the 
remainder of the 2014 calendar year, unless additional quota becomes 
available through a transfer and is announced in the Federal Register. 
Effective 0001 hours, September 22, 2014, federally permitted dealers 
are also notified that they may not purchase summer flounder from 
federally permitted vessels that land in Massachusetts 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 
Massachusetts until January 1, 2015, under current regulations. The 
regulations at Sec.  648.103(b) require such action to ensure that 
summer flounder vessels do not exceed quotas allocated to the states. 
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 30-day delayed effectiveness period for the 
reason stated above.

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

    Dated: September 18, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-22599 Filed 9-18-14; 4:15 pm]
BILLING CODE 3510-22-P