[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Rules and Regulations]
[Pages 47845-47846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20624]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 170828822-70999-02]
RIN 0648-XG475


Fisheries of the Northeastern United States; Scup Fishery; 
Adjustment to the 2018 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 2018 Winter II commercial scup quota and per-
trip Federal landing limit. This action is intended to comply with 
Framework Adjustment 3 to the Summer Flounder, Scup, and Black Sea Bass 
Fishery Management Plan that established the rollover of unused 
commercial scup quota from the Winter I to Winter II period. This 
document is intended to inform the public of this quota and trip limit 
change.

DATES: Effective October 1, 2018, through December 31, 2018.

[[Page 47846]]


FOR FURTHER INFORMATION CONTACT: Cynthia Hanson, Fishery Management 
Specialist, (978) 281-9180; or [email protected].

SUPPLEMENTARY INFORMATION: NMFS published a final rule for Framework 
Adjustment 3 to the Summer Flounder, Scup, and Black Sea Bass Fishery 
Management Plan 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 (October 1 through December 31).\1\ The 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.
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    \1\ Effective May 21, 2018, the Winter II period start date was 
changed from November 1 to October 1 as a part of Framework 
Adjustment 12 (83 FR 17314; April 19, 2018).
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    For 2018, the initial Winter II quota is 3,822,816 lb (1,734 mt). 
The best available landings information indicates that 5,943,861 lb 
(2,696 mt) remain of the 10,820,000-lb (4,908-mt) Winter I quota. 
Consistent with Framework 3, the full amount of unused 2018 Winter I 
quota is being transferred to Winter II, resulting in a revised 2018 
Winter II quota of 9,766,677 lb (4,430 mt). Because the amount 
transferred is between 5.5 and 6.0 million lb (2,495 to 2,722 mt), the 
Federal per trip possession limit will increase from 12,000 lb (5.4 mt) 
to 28,500 lb (13 mt), as outlined in the final rule that established 
the possession limit and quota rollover procedures for this year, 
published on December 22, 2017 (82 FR 60682).

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, finds good cause 
under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for 
public comment on this in-season adjustment because it would be 
contrary to the public interest. This action transfers unused quota 
from Winter I Period to the remaining Winter II Period to make it 
accessible to the commercial scup fishery. 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 may reduce fishing effort, 
and could also 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 being applied here was the subject of 
notice and comment rulemaking, and the range of potential trip limit 
changes were outlined in the final 2018 scup specifications that were 
published December 22, 2017; which were developed through public notice 
and comment. Based on these considerations, NMFS further finds, 
pursuant to 5 U.S.C. 553(d)(3), good cause to waive the 30-day delayed 
effectiveness period for the reasons stated above.

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

    Dated: September 18, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-20624 Filed 9-20-18; 8:45 am]
 BILLING CODE 3510-22-P