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###### Department of Commerce

###### National Oceanic and Atmospheric Administration

          - 50 CFR Part 648
          - [Docket No. 090206144-9697-02]
          - RIN 0648-XQ95

# AGENCY:

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

# ACTION:

 Temporary rule; inseason quota transfer.

# SUMMARY:

 NMFS announces that the Commonwealth of Virginia is transferring commercial bluefish quota to the State of New York from its 2009 quota. By this action, NMFS adjusts the quotas and announces the revised commercial quota for New York and Virginia. 

# DATES:

 Effective August 26, 2009 through December 31, 2009. 

# FOR FURTHER INFORMATION CONTACT:

Sarah Bland, Fishery Management Specialist, (978) 281-9257.

# SUPPLEMENTARY INFORMATION:

Regulations governing the Atlantic bluefish 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 Florida through Maine. The process to set the annual commercial quota and the percent allocated to each state is described in § 648.160.

Two or more states, under mutual agreement and with the concurrence of the Administrator, Northeast Region, NMFS (Regional Administrator), can transfer or combine bluefish commercial quota under § 648.160(f). The Regional Administrator is required to consider the criteria set forth in § 648.160(f)(1) in the evaluation of requests for quota transfers or combinations.

Virginia has agreed to transfer 150,000 lb (68,039 kg) of its 2009 commercial quota to New York. The Regional Administrator has determined that the criteria set forth in § 648.160(f)(1) have been met. The revised bluefish quotas for calendar year 2009 are: New York, 1,126,384 lb (510,919 kg); and Virginia, 1,005,945 lb (456,289 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: August 26, 2009.

Emily H. Menashes,

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

[FR Doc. E9-20930 Filed 8-26-09; 4:15 pm]

BILLING CODE 3510-22-S