2022-03918. Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer From NY to MA

AGENCY:

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

ACTION:

Notification of quota transfer.

SUMMARY:

NMFS announces that the State of New York is transferring a portion of its 2022 commercial summer flounder quota to the Commonwealth of Massachusetts. This adjustment to the 2022 fishing year quota is necessary to comply with the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan quota transfer provisions. This announcement informs the public of the revised 2022 commercial quotas for New York and Massachusetts.

DATES:

Effective February 23, 2022, through December 31, 2022.

FOR FURTHER INFORMATION CONTACT:

Laura Deighan, Fishery Management Specialist, [phone].

SUPPLEMENTARY INFORMATION:

Regulations governing the summer flounder fishery are found in 50 CFR 648.100 through 648.110. These regulations require annual specification of a commercial quota that is apportioned among the coastal states from Maine through North Carolina. The process to set the annual commercial quota and the percent allocated to each state is described in § 648.102 and final 2022 allocations were published on December 23, 2021 (86 FR 72859).

The final rule implementing Amendment 5 to the Summer Flounder Fishery Management Plan (FMP), as published in the Federal Register on December 17, 1993 (58 FR 65936), provided a mechanism for transferring summer flounder commercial quota from one state to another. Two or more states, under mutual agreement and with the concurrence of the NMFS Greater Atlantic Regional Administrator, can transfer or combine summer flounder commercial quota under § 648.102(c)(2). The Regional Administrator is required to consider three criteria in the evaluation of requests for quota transfers or combinations: The transfer or combinations would not preclude the overall annual quota from being fully harvested; the transfer addresses an unforeseen variation or contingency in the fishery; and the transfer is consistent with the objectives of the FMP and the Magnuson-Stevens Fishery Conservation and Management Act. The Regional Administrator has determined these three criteria have been met for the transfer approved in this notification.

New York is transferring 1,944 lb (882 kg) to Massachusetts through mutual agreement of the states. This transfer was requested to repay landings made by a vessel with landing privileges in both states that landed catch in Massachusetts in excess of the state limit under a safe harbor agreement when weather prevented the vessel from landing in the intended New York port. The revised summer flounder quotas for 2022 are: New York, 1,468,835 lb (666,252 kg) and Massachusetts, 1,393,790 lb (632,213 kg).

Classification

NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR 648.162(e)(1)(i) through (iii), which was issued pursuant to section 304(b), and is exempted from review under Executive Order 12866.

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

Dated: February 17, 2022.

Ngagne Jafnar Gueye,

Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.