[Federal Register Volume 74, Number 28 (Thursday, February 12, 2009)]
[Rules and Regulations]
[Page 6997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3021]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0809251266-81485-02]
RIN 0648-XM86


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 a portion of its 2009 commercial summer flounder quota to 
the Commonwealth of Virginia and the State of New Jersey. By this 
action, NMFS adjusts the quotas and announces the revised commercial 
quota for each state involved.

DATES: Effective February 9, 2009 through December 31, 2009.

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 in Sec.  648.100(d)(3) in the evaluation of requests 
for quota transfers or combinations.
    North Carolina has agreed to transfer 28,952 lb (13,132 kg) of its 
2009 commercial quota to Virginia to cover the summer flounder landings 
of three North Carolina vessels granted safe harbor in Virginia due to 
mechanical issues between January 2 and January 6, 2009. In addition, 
North Carolina has agreed to transfer 1,033 lb (469 kg) of its 2009 
commercial quota to New Jersey to cover the summer flounder landings of 
one North Carolina vessel granted safe harbor in New Jersey due to 
mechanical issues on December 18, 2008. Although this event occurred at 
the end of the previous fishing year, both states have agreed to apply 
their transfer amounts to the 2009 quota allocations. 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 2009 
are: North Carolina, 2,917,924 lb (1,323,184 kg); Virginia, 2,317,924 
lb (1,051,393 kg); and New Jersey, 1,796,946 (1,051,393 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: February 9, 2009
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-3021 Filed 2-9-09; 4:15 pm]
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