[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Rules and Regulations]
[Page 56535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20031]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 150903814-5999-02]
RIN 0648-XE755


Fisheries of the Northeastern United States; Scup Fishery; 
Adjustment to the 2016 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 2016 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, 2016, through December 31, 2016.

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 2016, the initial Winter II quota is 3,262,554 lb (1,480 mt), 
and the best available landings information indicates that 3,192,389 lb 
(1,448 mt) remain of the Winter I quota of 9,232,987 lb (4,188 mt). 
Consistent with the intent of Framework 3, the full amount of unused 
2016 Winter I quota would be transferred to Winter II, resulting in a 
revised 2016 Winter II quota of 6,454,943 lb (2,928 mt). Because the 
amount transferred is greater than 2,000,000 lb (907 mt), the 
possession limit per trip will increase from 12,000 lb (5,443 kg) to 
18,000 lb (8,165 kg), as outlined in the final rule that established 
the 2016 specifications, published on December 28, 2015 (80 FR 80689).

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. Moreover, the rollover 
process and potential changes in trip limits were already outlined in 
the 2016 to 2018 specifications published December 28, 2015, that were 
provided for notice and comment rulemaking. No comments were received 
on either part.

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

    Dated: August 17, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-20031 Filed 8-19-16; 8:45 am]
 BILLING CODE 3510-22-P