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[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Rules and Regulations]
[Page 40684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17620]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 170828822-70999-02]
RIN 0648-XG392

Fisheries of the Northeastern United States; Summer Flounder 
Fishery; 2018 Commercial Quota Harvested for the Commonwealth of 
Massachusetts

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 Commonwealth of Massachusetts has been harvested. 
Vessels issued a commercial Federal fisheries permit for the summer 
flounder fishery may not land summer flounder in Massachusetts 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 notification to 
advise Massachusetts 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 Massachusetts.

DATES: Effective 0001 hours local time, August 14, 2018, through 
December 31, 2018.

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

SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder 
fishery are found at 50 CFR part 648. 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 commercial quota for summer flounder in the 2018 
fishing year is 6,436,120 lb (2,919,375 kg) (83 FR 4165, January 30, 
2018). The percent allocated to vessels landing summer flounder in 
Massachusetts is 6.82046 percent, resulting in an initial state 
commercial quota of 438,973 lb (199,115 kg). However, Massachusetts' 
initial 2018 commercial quota was reduced to 404,742 lb (183,588 kg) 
due to a 2017 quota overage of 34,231 lb (15,527 kg). Massachusetts has 
received one quota transfer of 5,450 lb (2,472 kg) from North Carolina 
on March 9, 2018 (83 FR 11146), bringing its commercial quota to 
410,192 lb (186,060 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 Massachusetts 
commercial summer flounder quota will be harvested by August 14, 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 local time, August 14, 
2018, landings of summer flounder in Massachusetts by vessels holding 
summer flounder commercial Federal fisheries permits are prohibited 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 local time, August 14, 2018, federally 
permitted dealers are also notified that they may not purchase summer 
flounder from federally permitted vessels that land in Massachusetts 
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, 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 
Massachusetts until January 1, 2019, under current regulations. 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 will be exceeded, thereby 
undermining the conservation objectives of the Summer Flounder 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: August 10, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-17620 Filed 8-13-18; 4:15 pm]
 BILLING CODE 3510-22-P
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