[Federal Register Volume 76, Number 80 (Tuesday, April 26, 2011)]
[Rules and Regulations]
[Pages 23206-23207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10036]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 101029427-0609-02]
RIN 0648-XA371


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 2011 commercial summer flounder quota to 
the Commonwealth of Virginia. Vessels from North Carolina 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 21, 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 471,727 lb (213,972 kg) of 
its 2011 commercial quota to Virginia. This transfer was prompted by 52 
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 17, 2011, and April 1, 2011. This amount also 
includes a correction to a landing on March 16, 2011, that was included 
in the quota transfer effective April 4, 2011 (76 FR 19277). This 
correction accounts for 2,805 lb (1,272 kg) of the total transfer 
amount. 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, 3,691,601 lb 
(1,674,482 kg); and Virginia, 4,780,967 lb (2,168,610 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.


[[Page 23207]]


    Dated: April 21, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-10036 Filed 4-21-11; 4:15 pm]
BILLING CODE 3510-22-P