[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Rules and Regulations]
[Pages 56933-56934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23598]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 140214138-4482-02]
RIN 0648-XE189


Fisheries of the Northeastern United States; Bluefish Fishery and 
Summer Flounder Fishery; Commercial Quota Harvested for the State of 
Massachusetts

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

ACTION: Temporary rule; closures.

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SUMMARY: NMFS announces that the 2015 commercial bluefish and summer 
flounder quota allocated to the Commonwealth of Massachusetts has been 
harvested. Vessels issued commercial Federal fisheries permits for 
these fisheries may not land bluefish or summer flounder in 
Massachusetts for the remainder of calendar year 2015, unless 
additional quota becomes available through a transfer from another 
state. Regulations governing these fisheries require publication of 
this notice to advise Massachusetts that the quota has been harvested, 
and to advise Federal vessel and dealer permit holders that no Federal 
commercial quota is available to land bluefish or summer flounder in 
Massachusetts.

DATES: Effective 0001 hours, September 17, 2015, through December 31, 
2015 for summer flounder and effective 0001 hours, September 19, 2015, 
through December 31, 2015 for bluefish.

FOR FURTHER INFORMATION CONTACT: Reid Lichwell, (978) 281-9112, or 
[email protected].

SUPPLEMENTARY INFORMATION: Regulations governing the bluefish fishery 
and summer flounder fishery are found at 50 CFR part 648. The bluefish 
regulations require annual specification of a commercial quota that is 
apportioned on a percentage basis among the coastal states from Florida 
through Maine, while the summer flounder regulations require annual 
specification of commercial quota that is apportioned based on a 
percentage basis among coastal states from North Carolina through 
Maine. The processes to set the annual commercial quotas and the 
percent allocated to each state are described in Sec.  648.162 and 
Sec.  648.102 for bluefish and summer flounder, respectively.
    The initial coastwide commercial quota for bluefish for the 2015 
fishing year is 5,241,202 lb (2,377,371 kg) (80 FR 46848, August 6, 
2015). The percent allocated to vessels landing bluefish in 
Massachusetts is 6.7167 percent, resulting in an initial commercial 
quota of 352,036 lb (159,681 kg). The 2015 allocation was adjusted to 
602,036 lb (273,079 kg) to reflect quota transfers from other states.
    The initial coastwide commercial quota for summer flounder for the 
2015 fishing year was set at 11,069,410 lb (5,021,000 kg) (79 FR 78311, 
December 30, 2014). The percent allocated to vessels landing summer 
flounder in Massachusetts is 6.82046 percent, resulting in an initial 
commercial quota of 754,985 lb (340,165 kg). The 2015 allocation was 
adjusted to 760,785 lb (345,086 kg) to reflect quota overages from 2014 
and quota transfers from other states.
    The Administrator, Greater Atlantic Region, NMFS (Regional 
Administrator), monitors the state commercial quotas and determines 
when a state's commercial quota has been harvested. NMFS is required to 
publish a notice in the Federal Register alerting Federal commercial 
vessel and dealer permit holders that, effective upon a specific date, 
the state's commercial quota has been harvested and no commercial quota 
is available to land bluefish or summer flounder in that state. The 
Regional Administrator has determined, based upon dealer reports and 
other available information, that Massachusetts has harvested its quota 
for 2015.
    Section 648.4(b) provides that Federal permit holders agree, as a 
condition of the permit, not to land bluefish or summer flounder in any 
state that the Regional Administrator has determined no longer has 
commercial quota available. Therefore, vessels holding Federal 
commercial permits are prohibited from landing summer flounder, 
effective 0001 hours, September 17, 2015 and/or bluefish, effective 
0001 hours, September 19, 2015 for the remainder of the 2015 calendar 
year, unless additional quota becomes available through a transfer and 
is announced in the Federal Register. Federally permitted dealers are 
also notified that they may not purchase summer flounder, effective 
0001 hours, September 17, 2015 and/or bluefish, effective 0001 hours, 
September 19, 2015 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.

[[Page 56934]]

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 bluefish fishery and summer 
flounder fishery for Massachusetts until January 1, 2016, under current 
regulations. The regulations at Sec.  648.103(b) require such action to 
ensure that vessels do not exceed state quotas. If implementation of 
this closure was delayed to solicit prior public comment, the quota for 
this fishing year would be exceeded, thereby undermining the 
conservation objectives of the Atlantic Bluefish Fishery Management 
Plan and 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 15, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-23598 Filed 9-16-15; 4:15 pm]
 BILLING CODE 3510-22-P