[Federal Register Volume 79, Number 231 (Tuesday, December 2, 2014)]
[Rules and Regulations]
[Pages 71339-71340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28379]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 140117052-4402-02]
RIN 0648-XD571


Fisheries of the Northeastern United States; Summer Flounder 
Fishery; Commercial Quota Harvested for the State of New Jersey

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 2014 summer flounder commercial quota 
allocated to the State of New Jersey has been harvested. Vessels issued 
a commercial Federal fisheries permit for the summer flounder fishery 
may not land summer flounder in New Jersey for the remainder of 
calendar year 2014, unless additional quota becomes available through a 
transfer from another state. Regulations governing the summer flounder 
fishery require publication of this notification to advise New Jersey 
that the quota has been harvested, and to advise Federal vessel and 
dealer permit holders that no Federal commercial quota is available for 
landing summer flounder in New Jersey.

[[Page 71340]]


DATES: Effective 0001 hours, November 29, 2014, through December 31, 
2014.

FOR FURTHER INFORMATION CONTACT: Reid Lichwell, (978) 281-9112, or 
<a href="/cdn-cgi/l/email-protection#1547707c713b597c767d62707979557b7a74743b727a63"><span class="__cf_email__" data-cfemail="92c0f7fbf6bcdefbf1fae5f7fefed2fcfdf3f3bcf5fde4">[email protected]</span></a>.

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 North Carolina through Maine. The 
process to set the annual commercial quota and the percent allocated to 
each state is described in Sec.  648.102.
    The initial coastwide total commercial quota for summer flounder 
for the 2014 fishing year was set at 10,835,720 lb (4,915,000 kg) (79 
FR 29371, May 22, 2014). The percent allocated to vessels landing 
summer flounder in New Jersey is 16.72499 percent, resulting in a 
commercial quota of 1,812,273 lb (822,033 kg). We adjusted the 2014 New 
Jersey summer flounder allocation to 1,765,169 lb (800,667 kg) to 
deduct research set-aside, quota overages from 2013, and adjustments 
for quota transfers between states.
    The Administrator, Greater Atlantic Region, NMFS (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 
commercial vessels and dealer permit holders 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 that the 2014 New 
Jersey commercial summer flounder quota would be harvested by November 
24, 2014, based upon dealer reports and other available information.
    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, November 29, 2014, 
landings of summer flounder in New Jersey by vessels holding summer 
flounder commercial Federal fisheries permits are prohibited for the 
remainder of the 2014 calendar year, unless additional quota becomes 
available through a transfer and is announced in the Federal Register. 
Effective 0001 hours, November 29, 2014, federally permitted dealers 
are also notified that they may not purchase summer flounder from 
federally permitted vessels that land in New Jersey 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 summer flounder fishery for New 
Jersey until January 1, 2015, 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 would be exceeded, thereby 
undermining the conservation objectives of the Summer Flounder 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 26, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-28379 Filed 11-26-14; 4:15 pm]
BILLING CODE 3510-22-P


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