[Federal Register Volume 74, Number 2 (Monday, January 5, 2009)]
[Rules and Regulations]
[Page 233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-31317]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 071030625-7696-02]
RIN 0648-XM32


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

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

ACTION: Temporary rule; inseason quota transfer.

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SUMMARY: NMFS announces that the State of North Carolina is 
transferring commercial summer flounder quota to the Commonwealth of 
Virginia from its 2008 quota. By this action, NMFS adjusts the quotas 
and announces the revised commercial quota for each state involved.

DATES: Effective December 30, 2008 through December 31, 2008.

FOR FURTHER INFORMATION CONTACT: Emily Bryant, Fishery Management 
Specialist, (978) 281-9244, FAX (978) 281-9135.

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.
    The final rule implementing Amendment 5 to the Summer Flounder, 
Scup, and Black Sea Bass Fishery Management Plan, which 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 inSec.  648.100(d)(3) in the evaluation of requests 
for quota transfers or combinations.
    North Carolina has agreed to transfer 4,777 lb (2,167 kg) of its 
2008 commercial quota to Virginia to cover the summer flounder landings 
of two North Carolina vessels granted safe harbor in Virginia due to 
mechanical issues that occurred on the vessels between December 15 and 
December 16, 2008. The Regional Administrator has determined that the 
criteria set forth inSec.  648.100(d)(3) have been met. The revised 
quotas for calendar year 2008 are: North Carolina, 2,525,702 lb 
(1,145,639 kg); and Virginia, 2,019,988 lb (916,251 kg).

Classification

    This action is taken under 50 CFR part 648 and is exempt from 
review under Executive Order 12866.

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

    Dated: December 30, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E8-31317 Filed 12-30-08; 4:15 pm]
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