[Federal Register Volume 77, Number 203 (Friday, October 19, 2012)]
[Rules and Regulations]
[Pages 64239-64240]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25790]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 111220786-1781-01]
RIN 0648-XC294


Fisheries of the Northeastern United States; Summer Flounder 
Fishery; Commercial Quota Harvested for the State of New York

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS announces that the 2012 summer flounder commercial quota 
allocated to the State of New York has been harvested. Vessels issued a 
commercial Federal fisheries permit for the summer flounder fishery may 
not land summer flounder in New York for the remainder of calendar year 
2012, unless additional quota becomes available through a transfer from 
another state. Regulations governing the summer flounder fishery 
require publication of this notification to advise New York that the 
quota has been harvested and to advise vessel permit holders and dealer 
permit holders that no Federal commercial quota is available for 
landing summer flounder in New York.

DATES: Effective at 0001 hr local time, October 20, 2012, through 2400 
hr local time December 31, 2012.

FOR FURTHER INFORMATION CONTACT: Carly Bari, (978) 281-9224, or 
Carly.Bari@noaa.gov.

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 on a percentage 
basis among the coastal states from North Carolina through Maine. The 
process to set the annual commercial quota and the percent allocated to 
each state is described in Sec.  648.102.
    The initial total commercial quota for summer flounder for the 2012 
fishing year is 13,136,001 lb (5,958,490 kg) (76 FR 82189, December 30, 
2011). The percent allocated to vessels landing summer flounder in New 
York is 7.64699 percent, resulting in a commercial quota of 1,004,509 
lb (455,645 kg). The 2012 allocation was reduced to 922,705 lb (418,539 
kg) after deduction of research set-aside and

[[Page 64240]]

adjustment for quota overages carried forward from 2011.
    The Administrator, Northeast Region, NMFS (Regional Administrator), 
monitors the state commercial quotas and determines when a state's 
commercial quota has been harvested. NMFS is required to publish 
notification in the Federal Register advising and notifying commercial 
vessels and dealer permit holders that, effective upon a specific date, 
the state's commercial quota has been harvested and no commercial quota 
is available for landing summer flounder in that state. The Regional 
Administrator has determined based upon dealer reports and other 
available information that New York has harvested its quota for 2012.
    Section 648.4(b) provides that Federal permit holders agree, as a 
condition of the permit, not to land summer flounder in any state that 
the Regional Administrator has determined no longer has commercial 
quota available. Therefore, effective 0001 hours, October 20, 2012, 
landings of summer flounder in New York by vessels holding summer 
flounder commercial Federal fisheries permits are prohibited for the 
remainder of the 2012 calendar year, unless additional quota becomes 
available through a transfer and is announced in the Federal Register. 
Effective 0001 hours October 20, 2012, federally permitted dealers are 
also notified that they may not purchase summer flounder from federally 
permitted vessels that land in New York for the remainder of the 
calendar year, or until additional quota becomes available through a 
transfer from another state.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: October 16, 2012.
Emily H. Menashes,
Deputy Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2012-25790 Filed 10-16-12; 4:15 pm]
BILLING CODE 3510-22-P