Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Rules and Regulations 19951 

effective on May 1, 2012, then the 

previous ACL and AMs would remain 

in effect, with the result that overfishing 

would not be reduced. These measures 

would increase overfishing on the GOM 

cod stock and, as such, are inconsistent 

with the Magnuson-Stevens Act, the 

stated intent of the GOM cod rebuilding 

program, and the FMP. Moreover, 

failing to have the rule effective on May 

1, 2012, may lead to confusion in the 

fishing community as to what 

regulations govern the harvest of GOM 

cod. Thus, the 30-day delay is 

impracticable and contrary to the public 

interest, and NMFS waives the 

requirement and makes this rule 

effective on May 1, 2012. 

NMFS has consulted with the Office 

of Information and Regulatory Affairs 

(OIRA) and due to the circumstances 

described above this action is exempt 

from review under Executive Order 

12866. 

Under section 608 of the Regulatory 

Flexibility Act, an agency may waive 

the requirement to perform a regulatory 

flexibility analysis for a rule where the 

agency finds that the ‘‘rule is being 

promulgated in response to an 

emergency that makes compliance or 

timely compliance with [the regulatory 

flexibility analysis requirements] 

impracticable.’’ 5 U.S.C. 608. As 

discussed in the preamble to this 

interim rule, and as elaborated in this 

classification section, NMFS takes this 

action to address an emergency 

situation in the GOM cod fishery. 

Undertaking a regulatory flexibility 

analysis would delay this action and put 

the GOM cod and any small businesses 

that depend on it at further risk. 

Because the nature of this emergency 

requires immediate action, NMFS finds 

that compliance with the Regulatory 

Flexibility Act is impracticable. Thus, 

the requirements of the Regulatory 

Flexibility Act are hereby waived. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: March 29, 2012. 

Alan D. Risenhoover, 

Acting Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons stated in the 

preamble, 50 CFR part 648 is amended 

as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 1. The authority citation for part 648 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

■ 2. In § 648.89, 

■ a. Amend paragraph (b)(1) 

introductory text by removing the 

reference ‘‘paragraph (b)(3)’’ and adding 

‘‘paragraph (b)(5) in its place’’; 

■ b. Suspend paragraphs (b)(3), (c)(1)(i), 

and (c)(2)(i); and 

■ c. Add new paragraphs (b)(5), 

(c)(1)(vi), and (c)(2)(vi) to read as 

follows: 

§ 648.89 Recreational and charter/party 

vessel restrictions. 

(b) * * * 

(5) GOM cod. Private recreational 

vessels and charter party vessels 

described in paragraph (b)(1) of this 

section may not possess cod smaller 

than 19 inches (48.26 cm) in total length 

when fishing in the GOM Regulated 

Mesh Area specified under 

§ 648.80(a)(1). 

* * * * * 

(c) * * * 

(1) * * * 

(vi) Unless further restricted by the 

Seasonal GOM Cod Possession 

Prohibition specified under paragraph 

(c)(1)(v) of this section, each person on 

a private recreational vessel may 

possess no more than 9 cod per day in, 

or harvested from, the EEZ. 

* * * * * 

(2) * * * 

(vi) Unless further restricted by the 

Seasonal GOM Cod Possession 

Prohibition specified in paragraph 

(c)(2)(v) of this section, each person on 

a charter/party vessel may possess no 

more than 9 cod per day. 

* * * * * 

[FR Doc. 2012–7972 Filed 4–2–12; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 111220786–1781–01] 

RIN 0648–XB103 

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; quota transfer. 

SUMMARY: NMFS announces that the 

State of North Carolina is transferring a 

portion of its 2012 commercial summer 

flounder quota to the Commonwealth of 

Virginia. The State of North Carolina is 

also retroactively transferring a portion 

of its 2011 commercial summer flounder 

quota to the Commonwealth of Virginia. 

NMFS is adjusting the quotas and 

announcing the revised commercial 

quota for each state involved. 

DATES: Effective April 2, 2012, through 

December 31, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Carly Bari, Fishery Management 

Specialist, 978–281–9224. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the summer 

flounder fishery are in 50 CFR part 648, 

and 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 Summer Flounder, 

Scup, and Black Sea Bass Fishery 

Management Plan, which 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 § 648.102(c)(2). The Regional 

Administrator is required to consider 

the criteria in § 648.102(c)(2)(i) to 

evaluate requests for quota transfers or 

combinations. 

North Carolina has agreed to transfer 

831,241 lb (377,044 kg) of its 2012 

commercial quota to Virginia. This 

transfer was prompted by summer 

flounder landings of a number of North 

Carolina vessels that were granted safe 

harbor in Virginia due to hazardous 

shoaling in Oregon Inlet, North 

Carolina, between February 1, 2012, and 

March 1, 2012, thereby requiring a quota 

transfer to account for an increase in 

Virginia’s landings that would have 

otherwise accrued against the North 

Carolina quota. Additionally, 8,601 lb 

(3,901 kg) of summer flounder 

commercial quota will be retroactively 

transferred from North Carolina to 

Virginia for a landing that occurred on 

December 19, 2011. The Regional 

Administrator has determined that the 

criteria set forth in § 648.102(c)(2)(i) 

have been met. The revised summer 

flounder quotas for calendar year 2011 

are: North Carolina, 3,151,783 lb 

(1,429,625 kg); and Virginia, 5,305,295 

lb (2,406,441 kg). The revised summer 

flounder quotas for calendar year 2012 

are: North Carolina, 1,783,420 lb 


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19952 Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Rules and Regulations 

(808,945 kg); and Virginia, 4,423,924 lb 

(2,006,658 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: March 29, 2012. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2012–7985 Filed 4–2–12; 8:45 am] 

BILLING CODE 3510–22–P 


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