[Federal Register Volume 76, Number 67 (Thursday, April 7, 2011)]
[Rules and Regulations]
[Pages 19276-19277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8352]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 101029427-0609-02]
RIN 0648-XA338


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 2011 commercial summer flounder quota to 
the Commonwealth of

[[Page 19277]]

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 April 4, 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 499,411 lb (226,529 kg) of 
its 2011 commercial quota to Virginia. This transfer was prompted by 57 
summer flounder landings of North Carolina vessels that were granted 
safe harbor in Virginia due to hazardous shoaling in Oregon Inlet, 
North Carolina, severe winter storm conditions, and/or mechanical 
problems between March 7, 2011, and March 17, 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 2011 are: North Carolina, 4,163,328 lb (1,888,454 kg); 
and Virginia, 4,309,240 lb (1,954,639 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 4, 2011.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-8352 Filed 4-4-11; 4:15 pm]
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