05-10350. 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; inseason quota transfer.

SUMMARY:

NMFS announces that the State of North Carolina is transferring 8,206 lb (3,722 kg) of commercial summer flounder quota to the Commonwealth of Virginia from its 2005 quota. By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved.

DATES:

Effective May 19, 2005 through December 31, 2005, unless NMFS publishes a superseding document in the Federal Register.

FOR FURTHER INFORMATION CONTACT:

Mike Ruccio, Fishery Management Specialist, [phone], FAX [phone].

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 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 § 648.100.

The final rule implementing Amendment 5 to the FMP that 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 § 648.100(d). The Regional Administrator is required to consider the criteria set forth in § 648.100(d)(3) in the evaluation of requests for quota transfers or combinations.

North Carolina has agreed to transfer 8,206 lb (3,722 kg) of its 2005 commercial quota to Virginia to cover a landing of a North Carolina vessel granted safe harbor in Virginia following storm damage to the vessel's pilothouse. The Regional Administrator has determined that the criteria set forth in § 648.100(d)(3) have been met. The revised quotas for calendar year 2005, inclusive of previous adjustments published on March 9, 2005 (70 FR 11584) and April 5, 2005 (70 FR 21162), are: North Carolina, 4,680,519 lb (2,123,083 kg); and Virginia, 4,013,906 lb (1,820,708 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: May 18, 2005.

Stephen Meyers,

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