Federal Register / Vol. 73, No. 83 / Tuesday, April 29, 2008 / Rules and Regulations 23129 

Flooding source(s) Location of referenced elevation 

*Elevation in feet 

(NGVD) 

+Elevation in feet 

(NAVD) 

#Depth in feet 

above ground 

Modified 

Communities affected 

Tom Creek ................................ At the confluence with Catawba River ................................ +1,229 Unincorporated Areas of 

McDowell County. 

Approximately 280 feet upstream of State Route 1440 ..... +1,637 

Tom Creek Tributary 1 ............. At the confluence with Tom Creek ...................................... +1,418 Unincorporated Areas of 

McDowell County. 

Approximately 1,300 feet upstream of State Route 1433 .. +1,488 

Walton Crowley Branch ............ At the confluence with North Muddy Creek ........................ +1,119 Unincorporated Areas of

McDowell County. 

Approximately 1,230 feet upstream of State Route 1760 .. +1,139 

West Fork Cove Creek ............. At the confluence with Cove Creek and Morgan Creek 

(near Sugar Hill).

+1,197 Unincorporated Areas of 

McDowell County. 

Approximately 1.3 miles upstream of State Route 1001 .... +1,259 

Youngs Fork ............................. At the confluence with North Muddy Creek ........................ +1,205 Unincorporated Areas of 

McDowell County, City of 

Marion. 

Approximately 125 feet downstream of Glenview Street .... +1,327 HELP 

* National Geodetic Vertical Datum. 

+ North American Vertical Datum. 

# Depth in feet above ground. 

ADDRESSES 

City of Marion 

Maps available for inspection at the Marion City Hall, 194 North Main Street, Marion, North Carolina. 

Town of Old Fort 

Maps available for inspection at the Old Fort Town Hall, 38 South Catawba Avenue, Old Fort, North Carolina. 

Unincorporated Areas of McDowell County 

Maps available for inspection at the McDowell County Administration Building, 60 East Court Street, Marion, North Carolina. 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: April 18, 2008. 

David I. Maurstad, 

Federal Insurance Administrator of the 

National Flood Insurance Program, 

Department of Homeland Security, Federal 

Emergency Management Agency. 

[FR Doc. E8–9225 Filed 4–28–08; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 071030625–7696–02] 

RIN 0648–XH32 

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; inseason quota 

transfer. 

SUMMARY: NMFS announces that the 

State of North Carolina is transferring 

28,045 lb (12,721 kg) of commercial 

summer flounder quota to the 

Commonwealth of Virginia from its 

2008 quota. By this action, NMFS 

adjusts the quotas and announces the 

revised commercial quota for each state 

involved. 

DATES: Effective April 24, 2008, through 

December 31, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Emily Bryant, Fishery Management 

Specialist, (978) 281–9244, 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 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 § 648.100(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. 

North Carolina has agreed to transfer 

28,045 lb (12,721 kg) of its 2008 

commercial quota to Virginia to cover 

the summer flounder landings of four 

North Carolina vessels granted safe 

harbor in Virginia due to winter storm 

conditions between January 3 and 

March 31, 2008. The Regional 

Administrator has determined that the 

criteria set forth in § 648.100(d)(3) have 

been met. The revised quotas for 

calendar year 2008 are: North Carolina, 

2,530,479 lb (1,147,806 kg); and 

Virginia, 2,015,211 lb (914,084 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. 


jlentini on PROD1PC65 with RULES
23130 Federal Register / Vol. 73, No. 83 / Tuesday, April 29, 2008 / Rules and Regulations 

Dated: April 23, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–1195 Filed 4–24–08; 1:56 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 0401120010–4114–02] 

RIN 0648–XH45 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

(NE) Multispecies Fishery; Modification 

of the Yellowtail Flounder Landing 

Limit for the U.S./Canada Management 

Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reduction of 

landing limit. 

SUMMARY: NMFS announces a decrease 

in the Georges Bank (GB) yellowtail 

flounder trip limit to 5,000 lb (2,268 kg) 

for NE multispecies days-at-sea (DAS) 

vessels fishing in the U.S./Canada 

Management Area. This action is 

authorized by the regulations 

implementing Amendment 13 to the NE 

Multispecies Fishery Management Plan 

and is intended to prevent overharvesting of the total allowable catch 

(TAC) for GB yellowtail flounder during 

the 2008 fishing year. This action is 

being taken to maintain opportunities 

for vessels to fully harvest the TACs for 

transboundary stocks of GB cod, 

haddock, and yellowtail flounder under 

the authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

DATES: Effective May 1, 2008, through 

April 30, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Christel, Fishery Policy 

Analyst, (978) 281–9141, fax (978) 281–

9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the GB yellowtail 

flounder landing limit within the U.S./ 

Canada Management Area are found at 

50 CFR 648.85(a)(3)(iv)(C) and (D). The 

regulations authorize vessels issued a 

valid limited access NE multispecies 

permit and fishing under a NE 

multispecies DAS to fish in the U.S./ 

Canada Management Area, as defined at 

§ 648.85(a)(1), under specific 

conditions. The TAC for GB yellowtail 

flounder for the 2008 fishing year (May 

1, 2008 - April 30, 2009) was set at 1,950 

mt (73 FR 16572, March 28, 2008), a 

217–percent increase from the TAC for 

the 2007 fishing year. 

The regulations at § 648.85(b)(3)(iv)(C) 

specify the initial GB yellowtail 

flounder for each fishing year at 10,000 

lb (4,536 kg) per trip. The regulations at 

§ 648.85(a)(3)(iv)(D) authorize the 

Regional Administrator to increase or 

decrease the trip limits in the U.S./ 

Canada Management Area to prevent 

over-harvesting or under-harvesting the 

TAC allocation. Despite the 

substantially larger 2008 TAC for GB 

yellowtail flounder, projections of 

harvest rates in the fishery indicate that 

the current trip limit of 10,000 lb 

(4,536kg) per trip could still result in 

the over-harvest of the GB yellowtail 

flounder TAC before the end of the 2008 

fishing year. The regulations at 

§ 648.85(a)(3)(iv)(C)(3) state that when 

100 percent of the GB yellowtail 

flounder TAC is projected to be 

harvested, NMFS shall close the Eastern 

U.S./Canada Area to NE multispecies 

DAS vessels and prohibit all vessels 

from harvesting, possessing, or landing 

yellowtail flounder from the entire U.S./ 

Canada Management Area. Therefore, 

any closure resulting from exceeding the 

GB yellowtail flounder TAC would 

unnecessarily reduce opportunities to 

fish for Eastern GB cod and haddock in 

the Eastern U.S./Canada Area. Based 

upon this information, NMFS is 

decreasing the current 10,000–lb (4,536 

kg) trip limit in the U.S./Canada 

Management Area to 5,000 lb (2,268 kg), 

effective May 1, 2008, through April 30, 

2009. This will allow for the fishery in 

the Eastern U.S./Canada Area to remain 

open longer and increase the 

opportunities to target Eastern GB cod 

and haddock during the 2008 fishing 

year. Any NE multispecies DAS vessels 

that have declared into the U.S./Canada 

Management Area, departed on a trip, 

and crossed the VMS demarcation line 

to start their trip prior to 12:01 AM on 

May 1, 2008, may possess and land up 

to 10,000 lb (4,536 kg) of GB yellowtail 

flounder on that trip only. 

GB yellowtail flounder landings will 

be closely monitored through the Vessel 

Monitoring System (VMS) and other 

available information. Should 100 

percent of the TAC allocation for GB 

yellowtail flounder be projected to be 

harvested, the Eastern U.S./Canada Area 

will close to all limited access NE 

multispecies DAS vessels, and all 

vessels will be prohibited from 

harvesting, possessing, or landing 

yellowtail flounder from the entire U.S./ 

Canada Management Area for the 

remainder of the fishing year. 

Conversely, if the TAC is projected to be 

under-harvested by the end of the 

fishing year, in-season adjustments to 

increase the trip limit may be 

considered. 

Classification 

This action is authorized by 50 CFR 

part 648 and is exempt from review 

under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B) and 

(d)(3), the Assistant Administrator finds 

good cause to waive prior notice and 

opportunity for public comment, as well 

as the delayed effectiveness for this 

action, because notice, comment, and a 

delayed effectiveness would be 

impracticable and contrary to the public 

interest. The regulations under 

§ 648.85(a)(3)(iv)(D) grant the Regional 

Administrator the authority to adjust the 

GB yellowtail flounder trip limit to 

prevent over-harvesting or underharvesting the TAC allocation. Based 

upon recent projections, even though 

the 2008 GB yellowtail flounder TAC is 

substantially larger than the 2007 TAC, 

a trip limit of 10,000 lb (4,536 kg) would 

likely cause the 2008 GB yellowtail 

flounder TAC to be exceeded before 

August. These projections were not 

completed in sufficient time to allow for 

a proposed rule. Therefore, during the 

time necessary to provide for prior 

notice, opportunity for public comment, 

and delayed effectiveness for this 

action, vessels would be able to land GB 

yellowtail flounder at a rate which 

would likely result in the full harvest of 

the 2008 GB yellowtail flounder TAC 

prior to the end of the 2008 fishing year. 

This would necessitate the premature 

closure of the Eastern U.S./Canada Area 

and a prohibition on the retention of GB 

yellowtail flounder in the entire U.S./ 

Canada Management Area, thereby 

preventing the Agency from meeting its 

obligation to ensure that full 

opportunity is provided to harvest the 

2008 U.S./Canada Management Area 

TACs for GB cod, haddock, and 

yellowtail flounder at a level that 

approaches optimum yield. Further, 

over-harvesting the GB yellowtail TAC 

would result in an overage deduction in 

fishing year 2009, and increase 

economic impacts to the industry and 

social impacts beyond those analyzed 

for Amendment 13. Exceeding the 2008 

TAC for GB yellowtail flounder would 

increase mortality of this overfished 

stock beyond that evaluated during the 

development of Amendment 13 and 

Framework Adjustment 42, resulting in 

decreased revenue for the NE 

multispecies fishery, increased negative 


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