[Federal Register Volume 75, Number 11 (Tuesday, January 19, 2010)]
[Rules and Regulations]
[Page 2820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-817]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0809251266-81485-02]
RIN 0648-XT61


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; quota transfer.

-----------------------------------------------------------------------

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. By this action, NMFS adjusts the quotas 
and announces the revised commercial quota for each state involved.

DATES:  Effective December 17, 2009, through December 31, 2009.

FOR FURTHER INFORMATION CONTACT:  Sarah Heil, Fishery Management 
Specialist, 978-281-9257.

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 (FMP), 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). On September 13, 2005, NMFS published the final rule to 
amend the regulations implementing the Summer Flounder, Scup, and Black 
Sea Bass FMP to address late-season circumstances that necessitate a 
state quota transfer (70 FR 53969). This rule specified that such late-
season quota transfers could be approved, even if the transfer request 
is made in the subsequent fishing year, and would be valid for the 
fishing year for which the request is made. 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.
    In response to unforeseen circumstances late in the 2009 fishing 
year, North Carolina has agreed to transfer 24,548 lb (11,134.79 kg) of 
its 2009 commercial quota to Virginia to cover the summer flounder 
landings of three vessels granted safe harbor in Virginia, due to 
vessel damage and stormy weather, on December 17, 2009, and December 
18, 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, 2,854,494 lb (1,294,777 kg); 
and Virginia, 2,371,022 lb (1,075,477 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: January 12, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-817 Filed 1-13-10; 4:15 pm]
BILLING CODE 3510-22-S