[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Rules and Regulations]
[Page 87844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29137]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 140214138-4482-02]
RIN 0648-XF043


Fisheries of the Northeastern United States; Atlantic Bluefish 
Fishery; Commercial Quota Harvested for the State of New York

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 2016 commercial Atlantic bluefish 
quota allocated to the State of New York has been harvested. Vessels 
issued a commercial Federal permit for this fishery may not land 
bluefish in New York for the remainder of calendar year 2016, unless 
additional quota becomes available through a transfer from another 
state. Regulations governing these fisheries require publication of 
this notice to advise New York 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 in New York.

DATES: Effective 0001 hours, December 2, 2016, through December 31, 
2016.

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

SUPPLEMENTARY INFORMATION: Regulations governing the bluefish 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. The 
processes to set the bluefish annual commercial quotas and the percent 
allocated to each state are described in Sec.  648.162.
    The initial coast wide commercial quota for Atlantic bluefish for 
the 2016 fishing year was set at 4,884,780 lb (2,215,699 kg) (81 FR 
51370; August 4, 2016). The percent allocated to New York is 10.39 
percent, resulting in an initial commercial quota of 507,289 lb 
(230,103 kg). The 2016 allocation was adjusted to 877,289 lb (397,932 
kg) (81 FR 85904; November 29, 2016) to reflect 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 in that state. The Regional Administrator 
has determined, based upon dealer reports and other available 
information, that New York has harvested its bluefish quota for 2016.
    Section 648.4(b) provides that Federal permit holders agree, as a 
condition of the permit, not to land bluefish 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 bluefish, effective 0001 hours, December 2, 
2016, for the remainder of the 2016 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 bluefish, effective 0001 hours, December 2, 2016, 
from federally permitted vessels that land in New York 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 bluefish fishery for New York 
until January 1, 2017, 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 public comment, the quota for this fishing year would be 
exceeded, thereby undermining the conservation objectives of the 
Atlantic Bluefish 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: November 30, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-29137 Filed 12-1-16; 4:15 pm]
 BILLING CODE 3510-22-P