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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
CFR Citation: 50 CFR Part 648
Docket ID: [Docket No. 071030625-7696-02]
RIN ID: RIN 0648-XJ37
NOTICE: RULES
ACTION: Fisheries of the Northeastern United States:
DOCUMENT ACTION: Temporary rule; closure.
SUBJECT CATEGORY: Fisheries of the Northeastern United States; Summer Flounder Fishery; Commercial Quota Harvested for the Commonwealth of Massachusetts
DATES: Effective 0001 hours, August 6, 2008, through 2400 hours, December 31, 2008.
DOCUMENT SUMMARY: NMFS announces that the 2008 summer flounder commercial quota allocated to the Commonwealth of Massachusetts has been harvested. Vessels issued a commercial Federal fisheries permit for the summer flounder fishery may not land summer flounder in Massachusetts for the remainder of calendar year 2008, unless additional quota becomes available through a transfer from another state. Regulations governing the summer flounder fishery require publication of this notification to advise Massachusetts that the quota has been harvested and to advise vessel permit holders and dealer permit holders that no commercial quota is available for landing summer flounder in Massachusetts. [[Page 45883]]
SUMMARY: Summer Flounder Fishery; Commercial Quota Harvested for the Commonwealth of Massachusetts,
SUPPLEMENTAL 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 on a percentage basis among the coastal states from North Carolina through Maine. The process to set the annual commercial quota and the percent allocated to each state is described in Sec. 648.100.The initial total commercial quota for summer flounder for the 2008 calendar year was set equal to 9,462,001 lb (4,292 mt) (72 FR 74197, December 31, 2007). The percent allocated to vessels landing summer flounder in Massachusetts is 6.82046 percent, resulting in a commercial quota of 645,352 lb (293 mt). The 2008 allocation was reduced to 615,218 lb (279 mt) when research setaside and 2007 quota overages were deducted.
Section 648.101(b) requires the Administrator, Northeast Region, NMFS (Regional Administrator), to monitor state commercial quotas and to determine when a state's commercial quota has been harvested. NMFS then publishes a notification in the Federal Register to advise the state and to notify Federal vessel and dealer permit holders that, effective upon a specific date, the state's commercial quota has been harvested and no commercial quota is available for landing summer flounder in that state. The Regional Administrator has determined, based upon dealer reports and other available information, that Massachusetts has harvested its quota for 2008.
The regulations at Sec. 648.4(b) provide that Federal permit holders agree, as a condition of the permit, not to land summer flounder in any state that the Regional Administrator has determined no longer has commercial quota available. Therefore, effective 0001 hours, August 6, 2008, further landings of summer flounder in Massachusetts by vessels holding summer flounder commercial Federal fisheries permits are prohibited for the remainder of the 2008 calendar year, unless additional quota becomes available through a transfer and is announced in the Federal Register. Effective 0001 hours, August 6, 2008, federally permitted dealers are also notified that they may not purchase summer flounder from federally permitted vessels that land in Massachusetts for the remainder of the calendar year, or until additional quota becomes available through a transfer from another state.
Classification
This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 31, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. E818066 Filed 8108; 4:15 pm]
BILLING CODE 351022S
FOR FURTHER INFORMATION CONTACT Emily Bryant, Fishery Management Specialist, (978) 2819244.
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