[Federal Register: December 12, 2002 (Volume 67, Number 239)]
[Rules and Regulations]               
[Page 76318-76319]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12de02-7]                         


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DEPARTMENT OF COMMERCE


National Oceanic and Atmospheric Administration


50 CFR Part 648


[Docket No. 011109274-1301-02; I.D. 120602A]


 
Summer Flounder Fishery


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


ACTION: Commercial quota transfer; commercial fishery reopening.


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SUMMARY: NMFS announces that the State of North Carolina is 
transferring 20,000 lb (9,072 kg) of commercial summer flounder quota 
to Connecticut from its 2002 quota. By this action, NMFS adjusts the 
quotas and announces the revised commercial quota for each state 
involved. NMFS also announces that the summer flounder commercial 
fishery in the exclusive economic zone for Connecticut is reopened, 
effective December 6, 2002. Vessels issued a commercial Federal 
fisheries permit for the summer flounder fishery may land summer 
flounder in Connecticut for the remainder of calendar year 2002, unless 
Connecticut harvests its commercial quota before the end of the 
calendar year. Regulations governing the summer flounder fishery 
require the publication of this notification to advise Connecticut that 
the fishery has reopened and to advise vessel permit holders and dealer 
permit holders that commercial quota is available for landing summer 
flounder in Connecticut.


DATES: Effective December 6, 2002, through December 31, 2002.


FOR FURTHER INFORMATION CONTACT: Jason Blackburn, Fishery Management 
Specialist, (978) 281-9326.


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 Sec.  648.100.
    After taking into account any overages of state quotas that 
occurred in 2001, the total commercial quota for summer flounder for 
the 2002 calendar year was set equal to 14,456,636 lb (6,557,420 kg), 
with a quota of 329,044 lb (149,252 kg) for Connecticut and a quota of 
4,001,133 lb (1,814,883 kg) for North Carolina (66 FR 66350; December 
26, 2001).
    The final rule implementing Amendment 5 to the FMP that was 
published on December 17, 1993 (58 FR 65936), provided the 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.
    North Carolina has agreed to transfer 20,000 lb (9,072 kg) of its 
2002 commercial quota to Connecticut. The Regional Administrator has 
determined that the criteria set forth in Sec.  648.100(d)(3) have been 
met. The revised quotas for calendar year 2002 are: Connecticut, 
349,044 lb (158,324 kg); and North Carolina, 3,981,133 lb (1,805,812 
kg).
    NMFS issued a notification in the Federal Register on November 25, 
2002 (67 FR 70556), announcing that the summer flounder commercial 
quota available to Connecticut had been harvested. The Regional 
Administrator has determined, based upon dealer reports and upon other 
available information, that North Carolina will not attain its quota 
for 2002 and, based on the 20,000-lb (9,072-kg) transfer of commercial 
summer flounder quota to Connecticut, that the Connecticut commercial 
summer flounder fishery in the exclusive economic zone will reopen 
effective 0001 hours, December 6, 2002 through December 31, 2002. 
Therefore, vessels issued a commercial Federal fisheries permit for the 
summer flounder fishery may land summer flounder in Connecticut for the 
remainder of calendar year 2002, unless closed due to Connecticut 
harvesting its commercial quota before the end of the calendar year. 
Such closure would be announced through notification in the Federal 
Register. Effective December 6, 2002 through December 31, 2002, 
federally permitted dealers are also advised that they may purchase 
summer flounder from federally permitted vessels that land in 
Connecticut for the remainder of the 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.




[[Page 76319]]




    Dated: December 6, 2002.
John H. Dunnigan,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-31252 Filed 12-6-02; 4:16 pm]

BILLING CODE 3510-22-S