[Federal Register Volume 60, Number 241 (Friday, December 15, 1995)]
[Rules and Regulations]
[Pages 64349-64350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30599]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 625

[Docket No. 930932-3314; I.D. 120795B]


Summer Flounder Fishery; Commercial Quota Transfer from Maryland 
to New York

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

ACTION: Commercial quota transfer.

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SUMMARY: NMFS announces that the State of Maryland is making two 
transfers totaling 50,000 lb (22,680 kg) of commercial summer flounder 
quota to the State of New York. NMFS adjusted the quotas and announces 
the revised commercial quota for each state involved.

EFFECTIVE DATE: December 12, 1995.


[[Page 64350]]

FOR FURTHER INFORMATION CONTACT: Regina L. Spallone, Fishery Policy 
Analyst, 508-281-9221.

SUPPLEMENTARY INFORMATION: Regulations implementing Amendment 2 to the 
Fishery Management Plan for the Summer Flounder Fishery (FMP) are found 
at 50 CFR part 625. 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 percentage allocated to each state is described in 
Sec. 625.20.
    The commercial quota for summer flounder for the 1995 calendar year 
was set equal to 14,690,407 lb (6,663,456 kg), and the allocations to 
each state were published February 16, 1995 (60 FR 8958). At that time, 
Maryland was allocated a quota of 299,551 lb (135,874 kg), and New York 
was allocated a quota of 1,123,374 lb (509,554 kg). On November 17, 
1995, Maryland transferred 50,000 lb (22,680 kg) of its commercial 
quota to New York (60 FR 57685). As a result of that transfer, the 
commercial quotas for Maryland and New York were set to equal 249,551 
lb (113,194 kg), and 1,173,374 lb (532,233 kg), respectively.
    The final rule implementing Amendment 5 to the FMP was published 
December 17, 1993 (58 FR 65936), and allows two or more states, under 
mutual agreement and with the concurrence of the Director, Northeast 
Region, NMFS (Regional Director), to transfer or combine summer 
flounder commercial quota. The Regional Director is required to 
consider the criteria set forth in Sec. 625.20(f)(1), in the evaluation 
of requests for quota transfers or combinations.
    Section 625.20(f)(3) further states that a state may not submit a 
request to transfer or combine quota if a request to which it is a 
party is pending before the Regional Director. While New York is 
receiving two transfers from Maryland, the Regional Director considered 
and approved the first transfer request before the second transfer 
request was submitted. For efficiency's sake, these two transfers are 
being filed together.
    Maryland has agreed to make two additional transfers of commercial 
quota to New York. The first is for 30,000 lb (13,608 kg) and the 
second for 20,000 lb (9,072 kg). The original transfer of 30,000 lb 
(13,608 kg) was arranged to prevent a state closure and allow 
federally-permitted vessels to land summer flounder that would 
otherwise be discarded. Subsequently, landings reports indicated that 
30,000 lb (13,608 kg) would not be sufficient to prevent a closure, and 
therefore, a second transfer was agreed upon. As a result, NMFS is 
filing these transfers totalling 50,000 lb (22,680 kg). The Regional 
Director has determined that the criteria set forth in 
Sec. 625.20(f)(1) have been met, and publishes this notification of 
quota transfers. The revised quotas for the calendar year 1995 are: 
Maryland, 199,551 lb (90,515 kg); and New York, 1,223,374 lb (554,913 
kg).
    This action does not alter any of the conclusions reached in the 
environmental impact statement prepared for Amendment 2 to the FMP 
regarding the effects of summer flounder fishing activity on the human 
environment. Amendment 2 established procedures for setting an annual 
coastwide commercial quota for summer flounder and a formula for 
determining commercial quotas for each state. The quota transfer 
provision was established by Amendment 5 to the FMP and the 
environmental assessment prepared for Amendment 5 found that the action 
had no significant impact on the environment. Under section 
6.02b.3(b)(i)(aa) of NOAA Administrative Order 216-6, this action is 
categorically excluded from the requirement to prepare additional 
environmental analyses. This is a routine administrative action that 
reallocates commercial quota within the scope of previously published 
environmental analyses.

Classification

    This action is taken under 50 CFR part 625 and is exempt from 
review under E.O. 12866.

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

    Dated: December 12, 1995.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 95-30599 Filed 12-14-95; 2:06 pm]
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