[Federal Register Volume 87, Number 38 (Friday, February 25, 2022)]
[Rules and Regulations]
[Pages 10716-10717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03918]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.: 211217-0262; RTID 0648-XB830]


Fisheries of the Northeastern United States; Summer Flounder 
Fishery; Quota Transfer From NY to MA

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

ACTION: Notification of quota transfer.

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SUMMARY: NMFS announces that the State of New York is transferring a 
portion of its 2022 commercial summer flounder quota to the 
Commonwealth of Massachusetts. This adjustment to the 2022 fishing year 
quota is necessary to comply with the Summer Flounder, Scup, and Black 
Sea Bass Fishery Management Plan quota transfer provisions. This 
announcement informs the public of the revised 2022 commercial quotas 
for New York and Massachusetts.

DATES: Effective February 23, 2022, through December 31, 2022.

FOR FURTHER INFORMATION CONTACT: Laura Deighan, Fishery Management 
Specialist, (978) 281-9184.

SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder 
fishery are found in 50 CFR 648.100 through 648.110. These regulations 
require annual specification of a commercial quota that is apportioned 
among the coastal states from Maine through North Carolina. The process 
to set the annual commercial quota and the percent allocated to each 
state is described in Sec.  648.102 and final 2022 allocations were 
published on December 23, 2021 (86 FR 72859).
    The final rule implementing Amendment 5 to the Summer Flounder 
Fishery Management Plan (FMP), as published in the Federal Register on 
December 17, 1993 (58 FR 65936), provided a mechanism for transferring 
summer flounder commercial quota from one state to another. Two or more 
states, under mutual agreement and with the concurrence of the NMFS 
Greater Atlantic Regional Administrator, can transfer or combine summer 
flounder commercial quota under Sec.  648.102(c)(2). The Regional 
Administrator is required to consider three criteria in the evaluation 
of requests for quota transfers or combinations: The transfer or

[[Page 10717]]

combinations would not preclude the overall annual quota from being 
fully harvested; the transfer addresses an unforeseen variation or 
contingency in the fishery; and the transfer is consistent with the 
objectives of the FMP and the Magnuson-Stevens Fishery Conservation and 
Management Act. The Regional Administrator has determined these three 
criteria have been met for the transfer approved in this notification.
    New York is transferring 1,944 lb (882 kg) to Massachusetts through 
mutual agreement of the states. This transfer was requested to repay 
landings made by a vessel with landing privileges in both states that 
landed catch in Massachusetts in excess of the state limit under a safe 
harbor agreement when weather prevented the vessel from landing in the 
intended New York port. The revised summer flounder quotas for 2022 
are: New York, 1,468,835 lb (666,252 kg) and Massachusetts, 1,393,790 
lb (632,213 kg).

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 648.162(e)(1)(i) through 
(iii), which was issued pursuant to section 304(b), and is exempted 
from review under Executive Order 12866.

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

    Dated: February 17, 2022.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-03918 Filed 2-23-22; 11:15 am]
BILLING CODE 3510-22-P