[Federal Register Volume 63, Number 244 (Monday, December 21, 1998)]
[Rules and Regulations]
[Page 70351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33734]



[[Page 70351]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[I.D. 121598I]


Fisheries of the Northeastern United States; Summer Flounder, 
Scup and Black Sea Bass Fisheries: Summer Flounder Commercial Quota 
Transfer From North Carolina to Virginia

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

ACTION: Commercial quota transfer.

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SUMMARY: NMFS announces that the State of North Carolina is 
transferring 5,500 lb (2,495 kg) of summer flounder quota to the 
Commonwealth of Virginia. NMFS adjusted the quotas and announces the 
revised commercial quota for each state involved.

DATES: Effective December 16, 1998 through December 31, 1998.

FOR FURTHER INFORMATION CONTACT: Paul H. Jones, Fishery Policy Analyst, 
(978) 281-9273.

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 among the 
coastal states from Maine through North Carolina. The process to set 
the annual commercial quota and the percent allocated to each state are 
described in Sec. 648.100.
    The initial total commercial quota for summer flounder for the 1998 
calendar year was set equal to 11,105,636 lb (5,037,432 kg) (62 FR 
66304, December 18, 1997). Section 648.100(e)(4) stipulates that any 
overages of commercial quota landed in any state be deducted from that 
state's annual quota for the following year. In calendar year 1997, a 
total of 2,305,985 lb (1,045,977 kg) were landed in Virginia, creating 
an 11,192 lb (5,077 kg) overage that was deducted from the amount 
allocated for landings in the State during 1998 (63 FR 23227, April 28, 
1998). The resulting quota for Virginia is 2,357,377 lb (1,069,288 kg). 
In the calendar year 1997, a total of 1,673,345 lb (759,017 kg) were 
landed in North Carolina, creating a 399,740 lb (181,319 kg) overage 
that was deducted from the amount allocated for landings in the State 
during 1998 (63 FR 23227, April 28, 1998). The resulting quota for 
North Carolina was 2,649,849 lb (1,201,951 kg). Effective October 1998, 
an additional adjustment was made to the North Carolina quota to comply 
with a Court Order setting aside the 1997 overage, resulting in a quota 
of 3,049,589 lb (1,383,270 kg) (63 FR 56867, October 23, 1998).
    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 Administrator, 
Northeast Region, NMFS, (Regional Administrator) to transfer or combine 
summer flounder commercial quota. The Regional Administrator is 
required to consider the criteria set forth in Sec. 648.100(e)(1) in 
the evaluation of requests for quota transfers or combinations.
    North Carolina has agreed to transfer 5,500 lb (2,495 kg) of its 
commercial quota to Virginia. The Regional Administrator has determined 
that the criteria set forth in Sec. 648.100(e)(1) have been met, and 
publishes this notification of quota transfer. The revised quotas for 
the calendar year 1998 are: Virginia, 2,362,877 lb (1,071,801 kg); and 
North Carolina, 3,044,089 lb (1,380,799 kg).
    This action does not alter any of the conclusions reached in the 
environmental impact statement prepared for Amendment 2 to the fishery 
management plan 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 section 
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 quota within the scope of previously published 
environmental analyses.

Classification

    This action is taken under 50 CFR part 648 and is exempt from 
review under E.O. 12866.

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

    Dated: December 16, 1998.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 98-33734 Filed 12-16-98; 3:31 pm]
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