[Federal Register Volume 68, Number 247 (Wednesday, December 24, 2003)]
[Rules and Regulations]
[Page 74512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31720]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 021122284-2323-02; I.D. 121803C]


Fisheries of the Northeastern United States; Summer Flounder 
Fishery; Commercial Quota Transfer

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 357,867 lb (162,326 kg) of commercial summer flounder 
quota to the Commonwealth of Virginia from its 2003 quota. By this 
action, NMFS adjusts the quotas and announces the revised commercial 
quota for each state involved.

DATES: DATES: Effective December 19, 2003, through December 31, 2003.

FOR FURTHER INFORMATION CONTACT: Jason Blackburn, Fishery Management 
Specialist, (978) 281-9326, FAX (978) 281-9135, 
[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 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.  648.100.
    The initial total commercial quota for summer flounder for the 2003 
calendar year was set equal to 13,980,028 lb (6,341,235 kg). The 
percent allocated to vessels landing summer flounder in Virginia is 
21.31676 percent, and in North Carolina is 27.44584 percent. This 
resulted in an initial commercial quota for Virginia of 2,980,089 lb 
(1,351,746 kg), and for North Carolina of 3,836,936 (1,740,405 kg) (68 
FR 60, January 2, 2003). The 2003 allocation for Virginia was further 
reduced to 2,968,429 lb (1,346,457 kg), and for North Carolina to 
3,821,924 lb (1,733,596 kg), due to research set-aside (January 2, 
2003). The 2003 allocation for Virginia was also adjusted downward due 
to an estimated overage of the 2002 quota of 76,024 lb (34,484 kg), as 
of October 31, 2002, so that the resulting adjusted 2003 commercial 
quota for Virginia was 2,904,065 lb (1,317,275 kg) as of January 2, 
2003 (68 FR 60). However, NMFS later found that the estimate of a 
76,024-lb (34,484-kg) overage as of October 31, 2002, was in error, and 
restored that amount to Virginia's 2003 quota for a revised total of 
2,968,429 lb (1,346,457 kg) on March 3, 2003 (68 FR 9905). The North 
Carolina quota allocation was not affected by overages from 2002. 
Therefore, their quota allocation remained at 3,821,924 lb (1,733,596 
kg) (68 FR 9905).
    The final rule implementing Amendment 5 to the FMP that was 
published on December 17, 1993 (58 FR 65936), provided a 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 Sec.  
648.100(d). The Regional Administrator is required to consider the 
criteria set forth in Sec.  648.100(d)(3) in the evaluation of requests 
for quota transfers or combinations.
    North Carolina has agreed to transfer 357,867 lb (162,326 kg) of 
its 2003 commercial quota to Virginia. This transfer is prompted by a 
problem with shoaling in the Oregon Inlet, caused by the recent 
Hurricane Isabel, that is preventing some North Carolina fishing 
vessels from landing at their normal ports. Landing their catch in 
Virginia represents the next best alternative, but requires a transfer 
to account for an increase in Virginia landings that would have 
otherwise accrued against the North Carolina quota. The Regional 
Administrator has determined that the criteria set forth in Sec.  
648.100(d)(3) have been met. The revised quotas for calendar year 2003 
are: Virginia, 3,326,296 lb (1,508,783 kg); and North Carolina, 
3,464,057 lb (1,571,270 kg).

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 18, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-31720 Filed 12-19-03; 2:32 pm]
BILLING CODE 3510-22-S