[Federal Register Volume 64, Number 245 (Wednesday, December 22, 1999)]
[Rules and Regulations]
[Pages 71687-71688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33151]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 981014259-8312-02; I.D. 121699B]


Summer Flounder Fishery

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

ACTION: Commercial quota transfer; commercial quota harvest reopening.

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SUMMARY: NMFS announces that the State of North Carolina is 
transferring 70,000 lb (31,752 kg) of commercial summer flounder quota 
to the State of New York from its 1999 quota. By this action, NMFS 
adjusts the quotas and announces the revised commercial quota for each 
state involved. NMFS also announces that the summer flounder commercial 
fishery in the EEZ for the State of New York is reopened. Vessels 
issued a commercial Federal fisheries permit for the summer flounder 
fishery may land summer flounder in New York for the remainder of 
calendar year 1999, unless closed due to the State of New York 
harvesting its commercial quota before the end of the calendar year. 
Regulations governing the summer flounder fishery require the 
publication of this notification to advise the State of New York that 
the fishery has reopened and to advise vessel permit holders and dealer 
permit holders that commercial quota is available for landing summer 
flounder in New York.

DATES: Effective December 17, 1999 through December 31, 1999.

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 North Carolina through Maine. The process to set 
the annual commercial quota and the percent allocated to each state are 
described in Sec. 648.100.
    After taking into account any overages of state quotas that 
occurred in 1998, the total commercial quota for summer flounder for 
the 1999 calendar year was set equal to 10,729,274 lb (4,866,717 kg), 
with a quota of 790,006 lb (358,341 kg) for New York and a quota of 
3,044,589 lb (1,381,002 kg) for North Carolina (64 FR 46596; August 26, 
1999).
    The final rule implementing Amendment 5 to the FMP that was 
published on December 17, 1993 (58 FR 65936), provided the mechanism 
for summer flounder quota to be transferred from one state to another. 
Two or more states, under mutual agreement and with the concurrence of 
the Administrator, Northeast Region, NMFS, (Regional Administrator) can 
transfer or combine summer flounder commercial quota under section 
648.100(e). 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 70,000 lb (31,752 kg) of its 
1999 commercial quota to New York. 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 1999 are: New York, 860,006 lb (390,099 
kg); and North Carolina, 2,974,589 lb (1,349,274 kg).
    NMFS issued a notification in the Federal Register on October 26, 
1999 (64 FR 57586), announcing that the summer flounder commercial 
quota available to the State of New York had been harvested. The 
Regional Administrator has determined, based upon dealer reports and 
upon other available information, that the State of North Carolina will 
not attain its quota for 1999 and, based on the 70,000-lb (31,752-kg) 
transfer of commercial summer flounder quota to the State of New York, 
that the State of New York commercial summer flounder fishery in the 
EEZ will reopen effective 0001 hours, December 17, 1999 through 
December 31, 1999. Therefore, vessels issued a commercial Federal 
fisheries permit for the summer flounder fishery may land summer 
flounder in New York for the remainder of calendar year 1999, unless 
closed due to the State of New York harvesting its commercial quota 
before the end of the calendar year. Effective December 17, 1999 
through December 31, 1999, federally permitted dealers are also advised 
that they may purchase summer flounder from federally permitted vessels 
that land in New York for the remainder of the calendar year.

Classification

    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 section 
6.03a.3(b)(1) 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. 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.


[[Page 71688]]


    Dated: December 17, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-33151 Filed 12-17-99; 2:41 pm]
BILLING CODE 3510-22-F