[Federal Register Volume 83, Number 248 (Friday, December 28, 2018)]
[Rules and Regulations]
[Pages 67142-67143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28215]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 170828822-70999-02]
RIN 0648-XG692


Fisheries of the Northeastern United States; Summer Flounder 
Fishery; 2018 Commercial Quota Harvested for the State of Rhode Island

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 2018 summer flounder commercial quota 
allocated to the state of Rhode Island has been harvested. Vessels 
issued a commercial Federal permit for the summer flounder fishery may 
not land summer flounder in Rhode Island for the remainder of calendar 
year 2018, unless additional quota becomes available through a transfer 
from another state. Regulations governing the summer flounder fishery 
require publication of this notice to advise Rhode Island that the 
quota has been harvested, and to advise vessel and dealer permit 
holders that no Federal commercial quota is available to land summer 
flounder in Rhode Island.

DATES: Effective 0001 hours, December 29, 2018, through December 31, 
2018.

[[Page 67143]]


FOR FURTHER INFORMATION CONTACT: Cynthia Ferrio, (978) 281-9180, or 
[email protected].

SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder 
fishery are found at 50 CFR part 648, subpart G. The regulations 
require annual specification of a commercial quota that is apportioned 
on a percentage basis among the coastal states from Maine through North 
Carolina. The process to set the annual commercial quota and the 
percent allocated to each state is described in Sec.  648.102.
    The overall 2018 summer flounder commercial quota is 6,436,120 lb 
(2,919,375 kg) (83 FR 4165, January 30, 2018). The percent allocated to 
vessels landing summer flounder in Rhode Island is 15.68 percent, 
resulting in an initial state commercial quota of 1,009,375 lb (457,845 
kg). Rhode Island's initial 2018 commercial quota was reduced to 
996,373 lb (451,947 kg) due to a 2017 quota overage of 13,002 lb (5,898 
kg). Rhode Island has received one quota transfer of 5,008 lb (2,272 
kg) from North Carolina on February 6, 2018 (83 FR 5735), bringing its 
2018 commercial quota to 1,001,381 lb (454,219 kg).
    The NMFS Administrator for the Greater Atlantic Region (Regional 
Administrator), monitors the state commercial landings and determines 
when a state's commercial quota has been harvested. NMFS is required to 
publish notification in the Federal Register advising and notifying 
Federally permitted commercial vessels and dealers that, effective upon 
a specific date, the state's commercial quota has been harvested and no 
commercial quota is available for landing summer flounder in that 
state. The Regional Administrator has determined, based upon dealer 
reports and other available information, that the 2018 Rhode Island 
commercial summer flounder quota will be harvested by December 29, 
2018.
    Section 648.4(b) provides that Federal permit holders agree, as a 
condition of the permit, not to land summer flounder in any state that 
the Regional Administrator has determined no longer has commercial 
quota available. Therefore, effective 0001 hours, December 29, 2018, 
landings of summer flounder are prohibited in Rhode Island by vessels 
holding Federal summer flounder commercial fisheries permits for the 
remainder of the 2018 calendar year, unless additional quota becomes 
available through a transfer and is announced in the Federal Register. 
Effective 0001 hours, December 29, 2018, federally permitted dealers 
are also notified that they may not purchase summer flounder from 
federally permitted vessels that land in Rhode Island for the remainder 
of the calendar year.

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 because it would be contrary to the public interest. 
This action closes the commercial summer flounder fishery for Rhode 
Island until January 1, 2019. The regulations at Sec.  648.103(b) 
require such action to ensure that summer flounder vessels do not 
exceed quotas allocated to the states. 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 Summer Flounder, Scup, and Black Sea Bass Fishery 
Management Plan. The Assistant Administrator 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: December 21, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-28215 Filed 12-21-18; 4:15 pm]
 BILLING CODE 3510-22-P