[Federal Register Volume 78, Number 1 (Wednesday, January 2, 2013)]
[Rules and Regulations]
[Page 33]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31531]



[[Page 33]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 111220786-1781-01]
RIN 0648-XC396


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 2012 commercial summer flounder quota to 
the Commonwealth of Virginia, the State of North Carolina is 
transferring a portion of its 2012 commercial summer flounder quota to 
the State of Connecticut, and the Commonwealth of Massachusetts is 
transferring a portion of its 2012 commercial summer flounder quota to 
the State of Rhode Island. NMFS is adjusting the quotas and announcing 
the revised commercial quota for each state involved.

DATES: Effective December 27, 2012, through December 31, 2012.

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

SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder 
fishery are in 50 CFR part 648, and 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.  
648.102.
    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.  
648.102(c)(2). The Regional Administrator is required to consider the 
criteria in Sec.  648.102(c)(2)(i) to evaluate requests for quota 
transfers or combinations.
    North Carolina has agreed to transfer 13,503 lb (6,124 kg) of its 
2012 commercial quota to Virginia. This transfer was prompted by summer 
flounder landings of a number of North Carolina vessels that were 
granted safe harbor in Virginia due to mechanical failures and 
hazardous weather, between November 1, 2012, and November 30, 2012, 
thereby requiring a quota transfer to account for an increase in 
Virginia's landings that would have otherwise accrued against the North 
Carolina quota. North Carolina has agreed to transfer 20,000 lb (9,071 
kg) of its 2012 commercial quota to Connecticut. This transfer was 
prompted by the diligent efforts of the state officials in Connecticut 
not to exceed the commercial summer flounder quota. Massachusetts has 
agreed to transfer 7,034 lb (3,190 kg) of its 2012 commercial quota to 
Rhode Island. This transfer was prompted by the diligent efforts of 
state officials in Rhode Island not to exceed the commercial summer 
flounder quota. The Regional Administrator has determined that the 
criteria set forth in Sec.  648.102(c)(2)(i) have been met. The revised 
summer flounder quotas for calendar year 2012 are: North Carolina, 
1,667,438 lb (765,409 kg); Virginia, 4,704,093 lb (2,133,741 kg); 
Connecticut, 322,490 lb (146,279 kg); Massachusetts, 888,902 lb 
(403,199 kg); and Rhode Island, 2,081,075 lb (943,959 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: December 27, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2012-31531 Filed 12-27-12; 4:15 pm]
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