[Federal Register Volume 77, Number 241 (Friday, December 14, 2012)]
[Rules and Regulations]
[Pages 74390-74391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30216]



National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 111220786-1781-01]
RIN 0648-XC391

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

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

ACTION: Temporary rule.


SUMMARY: NMFS announces that the 2012 summer flounder commercial 
fishery in the State of New York will be reopened to provide the 
opportunity for the fishery to fully harvest the available quota. 
Vessels issued a commercial Federal fisheries permit for the summer 
flounder fishery may land summer flounder in New York until the quota 
is fully harvested. Regulations governing the summer flounder fishery 
require publication of this notification to advise New York that quota 
remains available and the summer flounder fishery is open to vessel 
permit holders for landing summer flounder in New York and to inform 
dealer permit holders in New York that they may purchase summer 

DATES: Effective at 0001 hr local time, December 12, 2012, through 2400 
hr local time December 31, 2012.

FOR FURTHER INFORMATION CONTACT: Carly Bari, (978) 281-9224, or 

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 74391]]

adjustment for quota overages carried forward from 2011. However, NMFS 
determined on December 5, 2012, that this quota allocation was 
incorrect due to an error in determining the 2012 commercial summer 
flounder quota. The correct 2012 allocation to New York is 953,773 lb 
(432,624 kg).
    The Administrator, Northeast Region, NMFS (Regional Administrator), 
monitors the state commercial quotas and has determined that, due to 
the error, there is commercial summer flounder quota available for 
harvest in New York. NMFS is required to publish notification in the 
Federal Register to reopen the fishery, advising and notifying 
commercial vessels and dealer permit holders that, effective upon a 
specific date, there is commercial quota available for landing summer 
flounder in that state.
    Therefore, effective 0001 hours, December 12, 2012, vessels holding 
summer flounder commercial Federal fisheries permits can land summer 
flounder in New York until the corrected commercial state quota is 
fully harvested. Effective 0001 hours December 12, 2012, federally 
permitted dealers can also purchase summer flounder from federally 
permitted vessels that land in New York until the corrected commercial 
state quota is fully harvested.


    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: December 10, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2012-30216 Filed 12-11-12; 4:15 pm]