[Federal Register Volume 78, Number 29 (Tuesday, February 12, 2013)]
[Rules and Regulations]
[Page 9849]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03202]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 111220786-1781-01]
RIN 0648-XC451


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 
retroactively transferring a portion of its 2012 commercial summer 
flounder quota to the Commonwealth of Virginia. NMFS is adjusting the 
quotas and announcing the revised commercial quota for each state 
involved.

DATES: This rule is effective February 12, 2013. The quota transfer is 
applicable December 1, 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 100,037 lb (45,376 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 December 1, 2012, and December 31, 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. 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, 
1,567,401 lb (710,961 kg); and Virginia, 4,804,130 lb (2,179,117 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: February 7, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-03202 Filed 2-11-13; 8:45 am]
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