Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast (NE) Multispecies Fishery; Closure of the Eastern U.S./Canada Area and Prohibition of Harvesting, Possessing, or Landing of Yellowtail Flounder from the Entire U.S./Canada Management Area, 16758 [05-6501]

Download as PDF 16758 Federal Register / Vol. 70, No. 62 / Friday, April 1, 2005 / Rules and Regulations vice versa, must document his/her continuity of ownership. Application forms are available from the RA. The information requested on the application form varies according to the eligibility criterion that the application is based upon as indicated in paragraph (r)(14) of this section; however, all applicants must provide a copy of the applicable, valid USCG Operator of Uninspected Passenger Vessel license or Masters license and valid USCG Certificate of Inspection. Failure to apply in a timely manner will preclude permit issuance even when the applicant meets the eligibility criteria for such permit. (16) Incomplete applications. If an application that is postmarked or handdelivered in a timely manner is incomplete, the RA will notify the applicant of the deficiency. If the applicant fails to submit an application that corrects the deficiency and that is received by the RA within 60 days of the date of the RA’s notification, the application will be considered abandoned. (17) Issuance of permits. If an applicant submits a complete application in a timely manner and the applicable eligibility requirements specified in paragraph (r)(14) of this section are met, the RA will issue a charter vessel/headboat permit for Gulf coastal migratory pelagic fish and/or Gulf reef fish or a letter of eligibility for such fisheries, as appropriate, and mail it to the vessel owner or, in the case of a letter of eligibility, to the applicant. If an eligible applicant does not currently own a vessel to which the charter vessel/headboat moratorium permit could be applied, the RA will issue such applicant a letter of eligibility. The letter of eligibility is valid until redeemed for a moratorium permit or until the moratorium expires, whichever occurs first. The letter of eligibility may be redeemed through the RA for a charter vessel/headboat permit for Gulf coastal migratory pelagic fish and/or Gulf reef fish, as appropriate, based on the applicant’s eligibility. However, a letter of eligibility issued based on eligibility as a historical captain is valid only for a vessel of the same or lesser authorized passenger capacity as the vessel used to document earned income in paragraph (r)(14)(i)(C)(2) of this section and is valid only for the fisheries certified on the application under paragraph (r)(14)(i)(C)(1) of this section. Further, VerDate jul<14>2003 15:42 Mar 31, 2005 Jkt 205001 such letter of eligibility may be redeemed only for a charter vessel/ headboat permit with a historical captain endorsement, and such a permit is valid only on a vessel that the historical captain operates as a captain. (18) Notification of ineligibility. If the applicant does not meet the applicable eligibility requirements of paragraph (r)(14) of this section, the RA will notify the applicant, in writing, of such determination and the reasons for it as soon as possible, but not later than September 28, 2005. The RA’s decision will constitute the final administrative action by NMFS regarding permit eligibility. [FR Doc. 05–6509 Filed 3–31–05; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 040112010–4114–02; I.D. 032805B] Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast (NE) Multispecies Fishery; Closure of the Eastern U.S./Canada Area and Prohibition of Harvesting, Possessing, or Landing of Yellowtail Flounder from the Entire U.S./Canada Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Closure. AGENCY: SUMMARY: NMFS announces that the Administrator, Northeast Region, NMFS (Regional Administrator), has projected that 100 percent of the total allowable catch (TAC) of Georges Bank (GB) yellowtail flounder allocated to be harvested from the Western and Eastern U.S./Canada Areas has been harvested. The National Marine Fisheries Service, therefore, is closing the Eastern U.S./ Canada Area to limited access NE multispecies days-at-sea (DAS) vessels and prohibiting all vessels from harvesting, possessing, or landing GB yellowtail flounder from within the entire U.S./Canada Management Area. PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 Effective 0001 hrs local time, April 1, 2005 through 2400 hrs local time, April 30, 2005. FOR FURTHER INFORMATION CONTACT: Douglas W. Christel, Fishery Policy Analyst, (978) 281–9141, fax (978) 281– 9135. SUPPLEMENTARY INFORMATION: Regulations governing the yellowtail flounder landings limit within the Western and Eastern U.S./Canada Areas are found at 50 CFR 648.85(a)(3)(iv)(C). 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, under specific conditions. The TAC allocation for GB yellowtail flounder for the 2004 fishing year was specified at 6,000 mt in the final rule implementing Amendment 13 to the NE Multispecies Fishery Management Plan (FMP) (April 27, 2004, 69 FR 22906). Section 648.85(a)(3)(iv)(C)(3) authorizes the Regional Administrator to close the Eastern U.S./Canada Area to all limited access NE multispecies DAS vessels and prohibit all vessels from harvesting, possessing, or landing GB yellowtail flounder from the entire U.S./Canada Management Area when 100 percent of the GB yellowtail flounder TAC is projected to be harvested. Based upon Vessel Monitoring System reports and other available information, the Regional Administrator has determined that 100 percent of the GB yellowtail flounder TAC of 6,000 mt was harvested as of March 25, 2005. Based on this information, the Eastern U.S./Canada Area is closed to limited access NE multispecies DAS vessels and all vessels are prohibited from harvesting, possessing, or landing GB yellowtail flounder from the entire U.S./ Canada Management Area for the remainder of the fishing year, effective April 1, 2005. DATES: 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: March 28, 2005. Alan D. Risenhoover, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 05–6501 Filed 3–29–05; 3:38 pm] BILLING CODE 3510–22–S E:\FR\FM\01APR1.SGM 01APR1

Agencies

[Federal Register Volume 70, Number 62 (Friday, April 1, 2005)]
[Rules and Regulations]
[Page 16758]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6501]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 040112010-4114-02; I.D. 032805B]


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast (NE) 
Multispecies Fishery; Closure of the Eastern U.S./Canada Area and 
Prohibition of Harvesting, Possessing, or Landing of Yellowtail 
Flounder from the Entire U.S./Canada Management Area

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

ACTION: Closure.

-----------------------------------------------------------------------

SUMMARY: NMFS announces that the Administrator, Northeast Region, NMFS 
(Regional Administrator), has projected that 100 percent of the total 
allowable catch (TAC) of Georges Bank (GB) yellowtail flounder 
allocated to be harvested from the Western and Eastern U.S./Canada 
Areas has been harvested. The National Marine Fisheries Service, 
therefore, is closing the Eastern U.S./Canada Area to limited access NE 
multispecies days-at-sea (DAS) vessels and prohibiting all vessels from 
harvesting, possessing, or landing GB yellowtail flounder from within 
the entire U.S./Canada Management Area.

DATES: Effective 0001 hrs local time, April 1, 2005 through 2400 hrs 
local time, April 30, 2005.

FOR FURTHER INFORMATION CONTACT: Douglas W. Christel, Fishery Policy 
Analyst, (978) 281-9141, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: Regulations governing the yellowtail 
flounder landings limit within the Western and Eastern U.S./Canada 
Areas are found at 50 CFR 648.85(a)(3)(iv)(C). 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, under specific conditions. The TAC allocation for GB 
yellowtail flounder for the 2004 fishing year was specified at 6,000 mt 
in the final rule implementing Amendment 13 to the NE Multispecies 
Fishery Management Plan (FMP) (April 27, 2004, 69 FR 22906). Section 
648.85(a)(3)(iv)(C)(3) authorizes the Regional Administrator to close 
the Eastern U.S./Canada Area to all limited access NE multispecies DAS 
vessels and prohibit all vessels from harvesting, possessing, or 
landing GB yellowtail flounder from the entire U.S./Canada Management 
Area when 100 percent of the GB yellowtail flounder TAC is projected to 
be harvested.
    Based upon Vessel Monitoring System reports and other available 
information, the Regional Administrator has determined that 100 percent 
of the GB yellowtail flounder TAC of 6,000 mt was harvested as of March 
25, 2005. Based on this information, the Eastern U.S./Canada Area is 
closed to limited access NE multispecies DAS vessels and all vessels 
are prohibited from harvesting, possessing, or landing GB yellowtail 
flounder from the entire U.S./Canada Management Area for the remainder 
of the fishing year, effective April 1, 2005.

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: March 28, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.

[FR Doc. 05-6501 Filed 3-29-05; 3:38 pm]
BILLING CODE 3510-22-S
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