[Federal Register Volume 69, Number 46 (Tuesday, March 9, 2004)]
[Rules and Regulations]
[Pages 10937-10938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5284]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 021122284-2323-02; I.D. 030304B]


Fisheries of the Northeastern United States; Summer Flounder; 
2004 Specifications

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

ACTION: Commercial quota restoration.

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SUMMARY: NMFS publishes revised 2004 commercial quotas for summer 
flounder. This action is necessary to comply with the regulatory 
provision that requires the Administrator, Northeast Region, NMFS 
(Regional Administrator) to correct erroneous landings data that 
factored into an overage deduction. The intent of this action is to 
provide fishermen the opportunity to harvest the available quotas for 
the summer flounder fishery.

DATES: This document is effective from January 14, 2004, through 
December 31, 2004.

FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, Fishery Policy 
Analyst, (978) 281-9279, fax (978) 281-9135, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    NMFS published final specifications and preliminary quota 
adjustments for the 2004 summer flounder, scup, and black sea bass 
fisheries on January 14, 2004 (69 FR 2074). The final rule included 
preliminary 2003 landings and 2004 quota adjustments. Section 
648.100(d)(1)(ii) provides that, if the Regional Administrator 
determines during the fishing year that any part of an overage 
deduction was based on erroneous landings data that were in excess of 
actual landings for the period concerned, the Regional Administrator 
will restore the overage that was deducted in error to the appropriate 
summer flounder quota allocation and publish notification in the 
Federal Register announcing the restoration.
    During a retrospective review of the landings data used to 
determine overharvest or underharvest of summer flounder in 2003, NMFS 
determined that, for some states, a portion of the 2002 landings were 
misattributed and counted as 2003 landings. The result of these 
findings made during the data review process is that the landings 
recorded for certain states (Massachusetts, Connecticut, Maryland, and 
North Carolina) exceeded the actual landings. Therefore, NMFS hereby 
restores quota for the 2004 fishing year to the appropriate state 
quotas as follows: Massachusetts--280 lb (127 kg); Connecticut--41,107 
lb (18,646 kg); Maryland--44,077 lb (19,993 kg); and North Carolina--
451,595 lb (204,842 kg). The 2004 commercial summer flounder adjusted 
quotas (less the amount set aside for research and as published in the 
January 14, 2004, final rule), the amounts being restored to the 2004 
adjusted quotas, and the revised 2004 quotas (less the amount set aside 
for research), by state, are presented in the table below.
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[[Page 10938]]

[GRAPHIC] [TIFF OMITTED] TR09MR04.022

Classification

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

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

    Dated: March 4, 2004.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-5284 Filed 3-4-04; 3:50 pm]
BILLING CODE 3510-22-C