[Federal Register Volume 76, Number 59 (Monday, March 28, 2011)]
[Rules and Regulations]
[Pages 17032-17033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7233]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 101029427-0609-02]
RIN 0648-XA301


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.

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SUMMARY: NMFS announces that the State of North Carolina is 
transferring a portion of its 2010 and 2011 commercial summer flounder 
quotas to the Commonwealth of Virginia. Vessels were authorized by 
Virginia to land summer flounder under safe harbor provisions, thereby 
requiring a quota transfer to account for an increase in Virginia's 
landings that would have otherwise accrued against the North Carolina 
quota. By this action, NMFS adjusts the quotas and announces the 
revised commercial quota for each state involved.

DATES: Effective March 23, 2011 through December 31, 2011.

FOR FURTHER INFORMATION CONTACT: Carly Knoell, Fishery Management 
Specialist, 978-281-9224.

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 106,013 lb (48,087 kg) of its 
2011 commercial quota and 13,500 lb (6,123 kg) of its 2010 commercial 
quota to Virginia. This transfer was prompted by summer flounder 
landings of 18 North Carolina vessels that were granted safe harbor in 
Virginia due to mechanical problems and/or severe winter storm 
conditions between December 31, 2010, and March 1, 2011. The Regional 
Administrator has determined that the criteria set forth in Sec.  
648.100(d)(3) have been met. The revised summer flounder quotas for 
calendar year 2010 are: North Carolina, 3,344,731 lb (1,517,144 kg); 
and Virginia, 2,935,726 lb (1,331,623 kg). The revised summer flounder 
quotas for calendar year 2011 are: North Carolina, 4,662,739 lb 
(2,114,983 kg); and Virginia, 3,809,829 lb (1,728,109 kg).

[[Page 17033]]

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: March 23, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-7233 Filed 3-23-11; 4:15 pm]
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