Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer From North Carolina to Virginia, 56544-56545 [2023-17835]

Download as PDF lotter on DSK11XQN23PROD with RULES1 56544 Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 / Rules and Regulations shall be attributed to this allocation. Unless otherwise specified in paragraph (a)(5) of this section, regulated species or ocean pout catch by common pool and sector vessels shall be deducted from the sub-ACL/ACE allocated pursuant to this paragraph (a)(4)(iii)(H)(2) for the purposes of determining whether adjustments to common pool measures are necessary, pursuant to the common pool AMs specified in § 648.82(n), or whether sector ACE overages must be deducted, pursuant to § 648.87(b)(1)(iii). * * * * * (5) * * * (i) * * * (D) * * * If the overall ACL for any of these stocks is exceeded, NMFS shall implement the appropriate AM, as specified in paragraphs (a)(5)(i)(D) through (H) of this section, in a subsequent fishing year, consistent with the APA. * * * * * * * * (ii) AMs due to excessive catch of regulated species or ocean pout by state and other, non-specified fisheries. At the end of the NE multispecies fishing year, NMFS will evaluate whether the catch of any stock of regulated species or ocean pout by vessels operating only in state waters or in other, non-specified fisheries, as defined in paragraphs (a)(4)(iii)(A) and (B) of this section, exceeds the sub-component of the ACL for that stock. (A) AMs if the overall ACL for a regulated species or ocean pout stock is exceeded. If the catch of any stock of regulated species or ocean pout by vessels operating only in state waters or in other, non-specified fisheries exceeds the sub-component of the ACL for that stock, and the overall ACL for that stock is exceeded, then the amount of the overage of the overall ACL for that stock attributed to catch from vessels operating only in state waters or in other, non-specified fisheries, as defined in paragraphs (a)(4)(iii)(A) and (B) of this section, shall be distributed among components of the NE multispecies fishery based upon each component’s share of that stock’s ACL available to the NE multispecies fishery pursuant to paragraph (a)(4)(iii)(H) of this section. Each component’s share of the ACL overage for a particular stock would be then added to the catch of that stock by each component of the NE multispecies fishery. If the resulting sum of catch of that stock for each component of the fishery exceeds that individual component’s share of that stock’s ACL specified pursuant to paragraph (a)(4)(iii)(H) of this section, then the AMs specified in paragraphs (a)(5)(i)(A) VerDate Sep<11>2014 16:24 Aug 17, 2023 Jkt 259001 through (C) of this section shall take effect, as applicable, unless otherwise specified in paragraph (a)(5)(ii)(C) of this section. (B) AMs if the overall ACL for a regulated species or ocean pout stock is not exceeded. If the catch of any stock of regulated species or ocean pout by vessels operating only in state waters or in other, non-specified fisheries, as defined in paragraphs (a)(4)(iii)(A) and (B) of this section, exceeds the subcomponent of the ACL for that stock, but the overall ACL for that stock is not exceeded, even after consideration of the catch of that stock by other subcomponents of the fishery, then the AMs specified in this paragraph (a)(5)(ii) shall not take effect. (C) AMs for GB cod due to excessive catch by non-allocated fisheries. For any overages of the GB cod ACL in the 2022–2024 fishing years, the amount of overage of the overall ACL for GB cod attributed to catch from vessels operating only in state waters or in other, non-specified fisheries, as defined in paragraphs (a)(4)(iii)(A) and (B) of this section, would be reduced by any underage of the GB cod ACL in the fishing year following the overage, in order to determine the total amount that must be added to the catch by components of the NE multispecies fishery, as specified in paragraph (a)(5)(i)(A) of this section. If the full ACL of GB cod is caught or exceeded in the fishing year following an overage, no reduction to this amount would be made. For example, if in 2023 NMFS determines that 100 mt of GB cod catch by vessels operating only in state waters or in other, non-specified fisheries in fishing year 2022 has contributed to an ACL overage, NMFS would implement the AMs specified in paragraph (a)(5)(ii)(A) of this section at the beginning of fishing year 2024. If 2023 fishing year-end data showed that total catch of GB cod in fishing year 2023 was 25 mt below the 2023 ACL, NMFS would reduce the 100-mt overage amount by that 25-mt amount (down to 75 mt) in an in-season adjustment to the 2024 sub-ACLs, as specified in paragraph (a)(5)(i)(A) of this section. * * * * * [FR Doc. 2023–17592 Filed 8–17–23; 8:45 am] BILLING CODE 3510–22–P PO 00000 Frm 00086 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 221223–0282; RTID 0648– XD195] Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer From North Carolina to Virginia National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notification of quota transfer. AGENCY: NMFS announces that the State of North Carolina is transferring a portion of its 2023 commercial summer flounder quota to the Commonwealth of Virginia. This adjustment to the 2023 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 2023 commercial quotas for North Carolina and Virginia. DATES: Effective August 17, 2023, through December 31, 2023. 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 § 648.102 and final 2023 allocations were published on January 3, 2023 (88 FR 11). 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 § 648.102(c)(2). The Regional Administrator is required to consider three criteria in the evaluation of requests for quota transfers or SUMMARY: E:\FR\FM\18AUR1.SGM 18AUR1 Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 / Rules and Regulations lotter on DSK11XQN23PROD with RULES1 combinations: the transfer or 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 (Magnuson-Stevens Act). The Regional Administrator has determined these three criteria have been met for the transfer approved in this notification. VerDate Sep<11>2014 16:24 Aug 17, 2023 Jkt 259001 North Carolina is transferring 1,232 lb (559 kg) to Virginia through a mutual agreement between the states. This transfer was requested to repay landings made by an out-of-state permitted vessel under a safe harbor agreement. The revised summer flounder quotas for 2023 are North Carolina, 3,302,053 lb (1,497,786 kg), and Virginia, 2,744,463 lb (1,244,867 kg). Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens PO 00000 Frm 00087 Fmt 4700 Sfmt 9990 56545 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: August 15, 2023. Kelly Denit, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2023–17835 Filed 8–17–23; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\18AUR1.SGM 18AUR1

Agencies

[Federal Register Volume 88, Number 159 (Friday, August 18, 2023)]
[Rules and Regulations]
[Pages 56544-56545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17835]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 221223-0282; RTID 0648-XD195]


Fisheries of the Northeastern United States; Summer Flounder 
Fishery; Quota Transfer From North Carolina to Virginia

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 North Carolina is 
transferring a portion of its 2023 commercial summer flounder quota to 
the Commonwealth of Virginia. This adjustment to the 2023 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 2023 commercial quotas 
for North Carolina and Virginia.

DATES: Effective August 17, 2023, through December 31, 2023.

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 2023 allocations were 
published on January 3, 2023 (88 FR 11).
    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

[[Page 56545]]

combinations: the transfer or 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 (Magnuson-Stevens Act). The 
Regional Administrator has determined these three criteria have been 
met for the transfer approved in this notification.
    North Carolina is transferring 1,232 lb (559 kg) to Virginia 
through a mutual agreement between the states. This transfer was 
requested to repay landings made by an out-of-state permitted vessel 
under a safe harbor agreement. The revised summer flounder quotas for 
2023 are North Carolina, 3,302,053 lb (1,497,786 kg), and Virginia, 
2,744,463 lb (1,244,867 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: August 15, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2023-17835 Filed 8-17-23; 8:45 am]
BILLING CODE 3510-22-P

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