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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

CFR Citation: 50 CFR Part 648

Docket ID: [Docket No. 041110317-4364-02; I.D. 041805C]

NOTICE: RULES

ACTION: Fishery conservation and management:

DOCUMENT ACTION: Temporary rule; quota transfer.

SUBJECT CATEGORY: Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer

DATES: Effective April 20, 2005, through December 31, 2005.

DOCUMENT SUMMARY: NMFS announces that it has approved the request of the Commonwealth of Virginia to transfer 68,214 lb (30,941 kg) of commercial summer flounder quota to the States of Maine, Connecticut, New York, Delaware, and Maryland, and the Commonwealth of
Massachusetts, in accordance with the Atlantic States Marine Fisheries Commission (ASMFC) Addendum XV to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP). The recipients of the transferred quota, and the amount transferred, are as follows: Maine 1,273 lb (577 kg); Connecticut17,799 lb (8,073 kg); New York13,270 lb (6,019 kg); Delaware3,924 lb (1,780 kg); Maryland17,983 lb (8,157 kg); and Massachusetts13,965 lb (6,334 kg). By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved.

SUMMARY: Northeastern United States fisheries—; Summer flounder,

SUPPLEMENTAL 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 Sec. 648.100.

The ASMFC adopted Addendum XV to the FMP in November, 2004. The Addendum is being implemented under the adaptive management and framework procedures that are part of the FMP. Addendum XV establishes a program, for 2005 and 2006, that allocates the increase in commercial summer flounder quota (from the 2004 amount) differently than the existing allocation scheme, in order to reduce the amount of fish that must be discarded as bycatch in the commercial fishery in states with relatively low summer flounder quotas. The transfer of quota from donor states will allow recipient states to marginally increase trip limits, thereby decreasing the amount of summer flounder discarded at sea.

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 Sec. 648.100(d). The Regional Administrator is required to consider the criteria set forth in Sec. 648.100(d)(3) in the evaluation of requests for quota transfers or combinations. The Regional Administrator has reviewed those criteria and approved the quota transfer request submitted by the Commonwealth of Virginia.

Consistent with Addendum XV, Virginia, a designated ``donor state,'' has voluntarily employed the quota transfer provisions of the FMP to transfer a total of 68,214 lb (30,941 kg) to be allocated to the aforementioned recipient states, as presented in Table 1.
Table 1. Summer Flounder Commercial Quota Transfers Amount Transferred 2005 Initial Quota\1\ 2005 Revised Quota
lb kg lb kg lb kg State ........... ........... ........... ........... ........... ........... Virginia 68,214 30,941 4,073,914 1,847,896 4,005,700 1,816,955 Maine 1,273 577 8,547 3,877 9,820 4,454 Massachusetts 13,965 6,335 1,177,554 534,130 1,191,519 540,465 Connecticit 17,799 8,074 405,597 183,978 423,396 192,052 New York 13,270 6,019 1,374,164 623,317 1,387,434 629,336 Delaware\2\ 3,924 1,780 51,339 23,287 47,415 21,507 Maryland 17,983 8,157 347,398 157,577 365,381 165,734 \1\ Reflects quotas as published on January 4, 2005 (70 FR 303); for Virginia, amount is adjusted by a transfer of 243,292 lb (110,355 kg) from North Carolina, effective March 4, 2005 (70 FR 11584). \2\ Landings of summer flounder in Delaware by vessels holding commercial Federal fisheries permits are prohibited for the 2005 calendar year.

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: April 19, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. 058222 Filed 42005; 2:30 pm]
BILLING CODE 351022S

FOR FURTHER INFORMATION CONTACT Mike Ruccio, Fishery Management Specialist, (978) 2819104, FAX (978) 2819135.