[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Rules and Regulations]
[Page 56934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23622]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 140117052-4402-02]
RIN 0648-XE156


Fisheries of the Northeastern United States; Scup Fishery; 
Adjustment to the 2015 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 2015 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, 2015, through December 31, 2015.

FOR FURTHER INFORMATION CONTACT: Reid Lichwell, Fishery Management 
Specialist, (978) 281-9112.

SUPPLEMENTARY INFORMATION: NMFS published a final rule in the Federal 
Register on November 3, 2003 (68 FR 62250), implementing a process to 
roll over unused Winter I commercial scup quota (January 1 through 
April 30) to be added to the Winter II period quota (November 1 through 
December 31). This framework also allows adjustment of the commercial 
possession limit for the Winter II period dependent on the amount of 
quota rolled over from the Winter I period.
    For 2015, the initial Winter II quota is 3,384,470 lb (1,535 mt), 
and the best available landings information indicates that 2,084,256 lb 
(945 mt) of the Winter I quota remains unused. The 2015 Winter I quota 
was 9,578,008 lb (4,344 mt). Consistent with the intent of Framework 3, 
the full amount of unused 2015 Winter I quota is transferred to Winter 
II, resulting in a revised 2015 Winter II quota of 5,468,726 lb (2,481 
mt). Because the amount transferred is greater than 2,000,000 lb (907 
mt), the per trip possession limit will increase from 12,000 lb (5,443 
kg) to 18,000 lb (8,165 kg) during the Winter II quota period, 
consistent with the final rule that increased the Winter II trip limit, 
published on May 22, 2014 (79 FR 29371).

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 latter part of 
the fishing year will reduce fishing effort and could prevent 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: September 16, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-23622 Filed 9-18-15; 8:45 am]
 BILLING CODE 3510-22-P