[Federal Register Volume 74, Number 81 (Wednesday, April 29, 2009)]
[Rules and Regulations]
[Pages 19458-19459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9805]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0809251266-81485-02]
RIN 0648-XO65


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

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

ACTION: Temporary rule; inseason quota transfers.

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

DATES: Effective April 24, 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

[[Page 19459]]

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 14,950 lb (6,781 kg) of its 
2009 commercial quota to Virginia to cover the summer flounder landings 
of one North Carolina vessel granted safe harbor in Virginia due to 
mechanical issues on February 26, 2009. In addition, Virginia has 
agreed to transfer 9,530 lb (4,241 kg) of its 2009 commercial quota to 
New Jersey to cover the summer flounder landings of one Virginia vessel 
granted safe harbor in New Jersey due to mechanical issues on February 
27, 2009. 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, 2,879,042 lb (1,305,911 kg); 
Virginia, 2,346,474 lb (1,064,343 kg); and New Jersey, 1,806,476 lb 
(819,404 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: April 24, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-9805 Filed 4-24-09; 4:15 pm]
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