Fisheries of the Northeastern United States; Summer Flounder Fishery; Commercial Quota Harvested for New York, 59951-59952 [07-5228]
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Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Rules and Regulations
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[FR Doc. E7–20139 Filed 10–22–07; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 061020273–7001–03]
RIN 0648–XD45
Fisheries of the Northeastern United
States; Summer Flounder Fishery;
Commercial Quota Harvested for New
York
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
SUMMARY: NMFS announces that the
2007 summer flounder commercial
quota allocated to the State of New York
has been harvested. Vessels issued a
commercial Federal fisheries permit for
the summer flounder fishery may not
land summer flounder in New York for
the remainder of calendar year 2007,
unless additional quota becomes
available through a transfer from
another state. Regulations governing the
summer flounder fishery require
publication of this notification to advise
New York that the quota has been
harvested and to advise vessel permit
holders and dealer permit holders that
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
59951
no commercial quota is available for
landing summer flounder in New York.
DATES: Effective 0001 hours, October 20,
2007, through 2400 hours, December 31,
2007.
FOR FURTHER INFORMATION CONTACT:
Emily Bryant, Fishery Management
Specialist, (978) 281–9244.
SUPPLEMENTARY 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 § 648.100.
The initial total commercial quota for
summer flounder for the 2007 calendar
year was set equal to 7,789,800 lb (3,533
mt) (71 FR 75134, December 14, 2006).
This quota was increased through an
emergency action to 10,267,098 lb
(4,658 mt) (72 FR 2458, January 19,
2007). The percent allocated to vessels
landing summer flounder in New York
is 7.64599 percent, resulting in a
commercial quota of 785,029 lb (357
mt). The 2007 allocation was reduced to
767,161 lb (348 mt) when research setaside was deducted and then reduced to
619,123 (281 mt) after the 2006 overages
had been applied.
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 New York has
harvested its quota for 2007.
The regulations at § 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, October 20, 2007, further
landings of summer flounder in New
York by vessels holding summer
flounder commercial Federal fisheries
permits are prohibited for the remainder
of the 2007 calendar year, unless
additional quota becomes available
through a transfer and is announced in
E:\FR\FM\23OCR1.SGM
23OCR1
59952
Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Rules and Regulations
the Federal Register. Effective 0001
hours, October 20, 2007, federally
permitted dealers are also notified that
they may not purchase summer flounder
from federally permitted vessels that
land in New York 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: October 17, 2007.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 07–5228 Filed 10–22–07; 3:08 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 070213033–7033–01]
RIN 0648–XD53
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Catcher Vessels Using Pot Gear in the
Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
rfrederick on PROD1PC67 with RULES
SUMMARY: NMFS is prohibiting directed
fishing for Pacific cod by catcher vessels
using pot gear in the Bering Sea and
VerDate Aug<31>2005
14:55 Oct 22, 2007
Jkt 214001
Aleutian Islands management area
(BSAI). This action is necessary to
prevent exceeding the 2007 directed
fishing allowance (DFA) of Pacific cod
specified for catcher vessels using pot
gear in the BSAI.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), October 18, 2007, until
1200 hrs, A.l.t., December 31, 2007.
FOR FURTHER INFORMATION CONTACT:
Jennifer Hogan, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI according to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (FMP) prepared by
the North Pacific Fishery Management
Council under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act.
Regulations governing fishing by U.S.
vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The 2007 Pacific cod TAC allocated to
catcher vessels using pot gear in the
BSAI as a DFA of 12,129 metric tons is
established by the 2007 and 2008 final
harvest specifications for groundfish in
the BSAI (72 FR 9451, March 2, 2007)
and a reallocation (72 FR 52493,
September 14, 2007). See
§ 679.20(c)(3)(iii) and (c)(5), and
(a)(7)(i)(C). The fishery was previously
closed to directed fishing on September
28, 2007 (72 FR 56016, October 2, 2007)
and reopened on October 2, 2007 (72 FR
56933, October 5, 2007).
In accordance with § 679.20(d)(1)(iii),
the Administrator, Alaska Region,
NMFS, has determined that the 2007
Pacific cod TAC allocated to catcher
vessels using pot gear in the BSAI has
been reached. Consequently, NMFS is
prohibiting directed fishing for Pacific
cod by catcher vessels using pot gear in
the BSAI.
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Frm 00014
Fmt 4700
Sfmt 4700
After the effective date of this closure
the maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the closure of Pacific cod by
catcher vessels using pot gear in the
BSAI. NMFS was unable to publish a
notice providing time for public
comment because the most recent,
relevant data only became available as
of October 17, 2007.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: October 17, 2007.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 07–5227 Filed 10–18–07; 3:08 pm]
BILLING CODE 3510–22–S
E:\FR\FM\23OCR1.SGM
23OCR1
Agencies
[Federal Register Volume 72, Number 204 (Tuesday, October 23, 2007)]
[Rules and Regulations]
[Pages 59951-59952]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-5228]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 061020273-7001-03]
RIN 0648-XD45
Fisheries of the Northeastern United States; Summer Flounder
Fishery; Commercial Quota Harvested for New York
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the 2007 summer flounder commercial quota
allocated to the State of New York has been harvested. Vessels issued a
commercial Federal fisheries permit for the summer flounder fishery may
not land summer flounder in New York for the remainder of calendar year
2007, unless additional quota becomes available through a transfer from
another state. Regulations governing the summer flounder fishery
require publication of this notification to advise New York 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 New York.
DATES: Effective 0001 hours, October 20, 2007, through 2400 hours,
December 31, 2007.
FOR FURTHER INFORMATION CONTACT: Emily Bryant, Fishery Management
Specialist, (978) 281-9244.
SUPPLEMENTARY 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 2007
calendar year was set equal to 7,789,800 lb (3,533 mt) (71 FR 75134,
December 14, 2006). This quota was increased through an emergency
action to 10,267,098 lb (4,658 mt) (72 FR 2458, January 19, 2007). The
percent allocated to vessels landing summer flounder in New York is
7.64599 percent, resulting in a commercial quota of 785,029 lb (357
mt). The 2007 allocation was reduced to 767,161 lb (348 mt) when
research set-aside was deducted and then reduced to 619,123 (281 mt)
after the 2006 overages had been applied.
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 New York has
harvested its quota for 2007.
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,
October 20, 2007, further landings of summer flounder in New York by
vessels holding summer flounder commercial Federal fisheries permits
are prohibited for the remainder of the 2007 calendar year, unless
additional quota becomes available through a transfer and is announced
in
[[Page 59952]]
the Federal Register. Effective 0001 hours, October 20, 2007, federally
permitted dealers are also notified that they may not purchase summer
flounder from federally permitted vessels that land in New York 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: October 17, 2007.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 07-5228 Filed 10-22-07; 3:08 pm]
BILLING CODE 3510-22-S