[Federal Register Volume 59, Number 107 (Monday, June 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13657]


[[Page Unknown]]

[Federal Register: June 6, 1994]


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DEPARTMENT OF COMMERCE
50 CFR Part 625

[Docket No. 940262-4963; I.D. 052494C]

 

Summer Flounder Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notification of commercial quota transfer.

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SUMMARY: NMFS announces that the States of Connecticut, Maryland, North 
Carolina, and the Commonwealth of Virginia are transferring various 
amounts of commercial summer flounder quota to the State of Delaware. 
The public is advised that the quota adjustments have been made, and is 
informed of the revised commercial quota for each state involved.

EFFECTIVE DATE: June 1, 1994.

FOR FURTHER INFORMATION CONTACT: Hannah Goodale, 508-281-9101.

SUPPLEMENTARY INFORMATION: Regulations implementing Amendment 2 to the 
Fishery Management Plan for the Summer Flounder Fishery are found at 50 
CFR part 625. The regulations require annual specification of a 
commercial quota that is apportioned among the coastal states from 
North Carolina through Maine. The process to set the annual commercial 
quota and the percent allocated to each state are described in 
Sec. 625.20.
    The commercial quota for summer flounder for the 1994 calendar year 
set equal to 16,005,560 lb (7.3 million kg) and the allocations to each 
state were published March 7, 1994 (59 FR 10586). NMFS issued a 
notification that the commercial quota available to the State of 
Delaware for 1994 had been harvested, effective March 30, 1994 (59 FR 
15863, April 5, 1994). The 1994 quotas for several states were adjusted 
for overages occurring in 1993, as required under Sec. 625.20(d)(2), on 
May 25, 1994. The quotas after adjustments for overages in 1993 for the 
states affected by this action were: Delaware, -1,359 lb (-616 kg); 
Maryland, 324,117 lb (147,018 kg); North Carolina, 4,369,775 lb 
(1,982,117 kg); and Virginia, 3,242,354 lb (1,470,722 kg). Since 
Connecticut's quota was not exceeded in 1993, its 1994 quota of 361,258 
lb (163,866 kg) did not need adjustment for overages prior to this 
action.
    The final rule implementing Amendment 5 to the FMP was published 
December 17, 1993 (58 FR 65936), and allows two or more states, under 
mutual agreement and with the concurrence of the Director, Northeast 
Region, NMFS (Regional Director), to transfer or combine summer 
flounder commercial quota. The Regional Director is required to 
consider the criteria set forth in Sec. 625.20(f)(1) in the evaluation 
of requests for quota transfers or combinations.
    Section 625.20(3) further states that a state may not submit a 
request to transfer or combine quota if a request to which it is party 
is pending before the Regional Director. While Delaware is the 
recipient of the four transfers, each request to transfer quota was 
presented separately by each state, and therefore considered 
individually by the Regional Director. Publication as one notification 
is efficient and convenient for reference.
    Connecticut, Maryland, North Carolina, and Virginia have agreed to 
transfer 96 lb (44 kg), 1,000 lb (454 kg), 2,782 lb (1,262 kg), and 
2,162 lb (981 kg), respectively, of their commercial quotas to 
Delaware. The Regional Director has determined that the criteria set 
forth in Sec. 625.20(f) have been met, and publishes this notification 
of quota transfers. The revised quotas for the calendar year 1994 are: 
Connecticut, 361,162 lb (163,822 kg); Delaware, 4,681 lb (2,123 kg); 
Maryland, 323,117 lb (146,565 kg); North Carolina, 4,366,993 lb 
(1,980,855 kg) and Virginia, 3,240,192 lb (1,469,742 kg).
    Because current landings estimates indicate that the Delaware 
inshore fishery has harvested the quota made available through these 
transfers, no quota is currently available for landings in that State. 
Federally permitted vessels may not land summer flounder in the State 
of Delaware.
    This action does not alter any of the conclusions reached in the 
Environmental Impact Statement prepared for Amendment 2 to the FMP 
regarding the effects of summer flounder fishing activity on the human 
environment. Amendment 2 established procedures for setting an annual 
coastwide commercial quota for summer flounder and a formula for 
determining commercial quotas for each state. The quota transfer 
provision was established by Amendment 5 to the FMP and the 
environmental assessment prepared for Amendment 5 found that the action 
had no significant impact on the environment. Under 
Sec. 6.02b.3(b)(i)(aa) of NOAA Administrative Order 216-6, this action 
is categorically excluded from the requirement to prepare additional 
environmental analyses. This is a routine administrative action that 
reallocates commercial quotas within the scope of previously published 
environmental analyses.

Classification

    This action is required by 50 CFR part 625 and is exempt from OMB 
review under E.O. 12866.

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

    Dated: May 31, 1994.
David S. Crestin,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 94-13657 Filed 6-1-94; 2:24 pm]
BILLING CODE 3510-22-P