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###### Department of Commerce

###### National Oceanic and Atmospheric Administration

          - 50 CFR Part 648
          - [Docket No. 041110317-4364-02;  I.D. 121906A]

# 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 Maryland is transferring 8,000 lb (3,629 kg) of commercial summer flounder quota to the State of New York from its 2006 quota.  By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved.

# DATES:

                        Effective December 21, 2006 through December 31, 2006, unless NMFS publishes a superseding document in the                         **Federal Register**                        .                    

# FOR FURTHER INFORMATION CONTACT:

Douglas Potts, Fishery Management Specialist, (978) 281-9341, fax (978) 281-9135.

# 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 Fishery Management Plan 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.

Maryland has agreed to transfer 8,000 lb (3,629 kg) of its 2006 commercial quota to New York.  The Regional Administrator has determined that the criteria set forth in § 648.100(d)(3) have been met for each of these transfers.  The revised quotas for calendar year 2006 are:  New York, 943,943 lb (428,165 kg) and Maryland, 276,262  lb (125,310 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:  December 20, 2006.

Alan D. Risenhoover,

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

[FR Doc. 06-9881 Filed 12-21-06; 2:38 pm]

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