Federal Register: November 26, 2008 (Volume 73, Number 229)
DOCID: fr26no08-13 FR Doc E8-28165
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-XL95
NOTICE: RULES
DOCID: fr26no08-13
ACTION: Fisheries of the Northeastern United States:
DOCUMENT ACTION: Temporary rule; closure.
SUBJECT CATEGORY:
Fisheries of the Northeastern United States; Scup Fishery; Commercial Quota Harvested for 2008 Winter II Period
DATES: Effective 0001 hours on November 24, 2008, through December 31, 2008.
DOCUMENT SUMMARY:
NMFS announces the closure of the scup commercial coastwide fishery from Maine through North Carolina for the Winter II Period. Regulations governing the scup fishery require publication of this notification to advise the coastal states from Maine through North Carolina that this quota has been harvested and to advise Federal vessel permit holders and Federal dealer permit holders that no commercial quota is available for landing scup in these states. Federally permitted commercial vessels may not land scup in these states for the remainder of the 2008 Winter II quota period (through December 31, 2008).
SUMMARY:
Scup Fishery; Commercial Quota Harvested for 2008 Winter II Period,
SUPPLEMENTAL INFORMATION
Regulations governing the scup fishery are found at 50 CFR part 648. The regulations at Sec. 648.121 require the Regional Administrator to monitor the commercial scup quota for each quota period and, based upon dealer reports, state data, and other available information, to determine when the commercial quota for a period has been harvested. NMFS is required to publish a notification in the Federal Register advising and notifying commercial vessels and dealer permit holders that, effective upon a specific date, the scup commercial quota has been harvested and no commercial quota is available for landing scup for the remainder of the Winter II Period. Based upon recent projections, the Regional Administrator has determined that the Federal commercial quota of 940,948 lb (427 mt) for the 2008 Winter II Period will be fully harvested on or before December 31, 2008. To maintain the integrity of the 2009 Winter II Period quota by avoiding or minimizing quota overages, the commercial scup fishery will close for the remainder of the Winter II Period (through December 31, 2008) in Federal waters, effective as of the date specified above (see DATES).
Section 648.4(b) provides that Federal scup moratorium permit
holders agree, as a condition of the permit, not to land scup in any
state after NMFS has published a notification in the Federal Register
stating that the commercial quota for the period has been harvested and
that no commercial quota for scup is available. Therefore, effective
0001 hours on November 24, 2008, further landings of scup by vessels
holding Federal scup moratorium permits are prohibited through December
31, 2008. Effective 0001 hours on November 24, 2008, federally
permitted dealers are also advised that they may not purchase scup from
federally permitted vessels that land in coastal states from Maine
through North Carolina for the remainder of the Winter II Period [[Page 71946]]
(through December 31, 2008). The Winter I Period for commercial scup harvest will open on January 1, 2009.
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: November 20, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. E828165 Filed 112108; 4:15 pm]
BILLING CODE 351022S
FOR FURTHER INFORMATION CONTACT
Emily Bryant, Fishery Management Specialist, (978) 2819244.