[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Rules and Regulations]
[Pages 29670-29671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12662]



National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 101029427-0609-02]
RIN 0648-XA403


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 Virginia and the State of New Jersey. Virginia is 
also transferring a portion of its 2011 commercial summer flounder 
quota to New Jersey. 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. Additionally, a vessel experiencing mechanical problems was 
authorized to land in New Jersey, prompting a quota transfer from North

[[Page 29671]]

Carolina and Virginia to account for an increase in landings in New 
Jersey. By this action, NMFS adjusts the quotas and announces the 
revised commercial quota for each state involved.

DATES: Effective May 18, 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 306,967 lb (139,237 kg) of 
its 2011 commercial quota to Virginia. This transfer was prompted by 43 
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 April 4, 2011, and April 15, 2011, totaling 307,557 lb 
(139,505 kg). The transfer amount also includes a correction to a 
landing on March 24, 2011, that was included in the quota transfer 
effective April 21, 2011 (76 FR 23206). The difference is 590 lb (268 
kg) less of summer flounder to be transferred; therefore, the total 
transfer amount is 306,967 lb (139,237 kg).
    Additionally, on April 13, 2011, a vessel experienced mechanical 
problems and was granted safe harbor in New Jersey. This vessel landed 
15,490 lb (7,026 kg) of summer flounder; North Carolina has agreed to 
transfer 5,490 lb (2,490 kg) of summer flounder to New Jersey and 
Virginia has agreed to transfer 10,000 lb (4,536 kg) of summer flounder 
to New Jersey. 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, 
3,379,144 lb (1,532,754 kg); Virginia, 5,077,934 lb (2,303,312 kg); and 
New Jersey 2,921,480 lb (1,325,161 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: May 18, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-12662 Filed 5-18-11; 4:15 pm]
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