Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; Quota Transfer, 62416 [E7-21717]

Download as PDF 62416 Federal Register / Vol. 72, No. 213 / Monday, November 5, 2007 / Rules and Regulations ycherry on PRODPC74 with RULES implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. Based on the Councils’ recommended total allowable catch and the allocation ratios in the FMP, NMFS implemented a commercial quota for the Gulf of Mexico migratory group of king mackerel in the western zone of 1.01 million lb (0.46 million kg) (66 FR 17368, March 30, 2001). Under 50 CFR 622.43(a), NMFS is required to close any segment of the king mackerel commercial fishery when its quota has been reached, or is projected to be reached, by filing a notification at the Office of the Federal Register. NMFS has determined the commercial quota of 1.01 million lb (0.46 million kg) for Gulf group king mackerel in the western zone will be reached by November 3, 2007. Accordingly, the commercial fishery for Gulf group king mackerel in the western zone is closed effective 12 noon, local time, November 3, 2007, through June 30, 2008, the end of the fishing year. The boundary between the eastern and western zones is 87°31′06″ W. long., which is a line directly south from the Alabama/Florida boundary. Except for a person aboard a charter vessel or headboat, during the closure, no person aboard a vessel for which a commercial permit for king mackerel has been issued may fish for or retain Gulf group king mackerel in the EEZ in the closed zones or subzones. A person aboard a vessel that has a valid charter vessel/headboat permit for coastal migratory pelagic fish may continue to retain king mackerel in or from the closed zones or subzones under the bag and possession limits set forth in 50 CFR 622.39(c)(1)(ii) and (c)(2), provided the vessel is operating as a charter vessel or headboat. A charter vessel or headboat that also has a commercial king mackerel permit is considered to be operating as a charter vessel or headboat when it carries a passenger who pays a fee or when there are more than three persons aboard, including operator and crew. During the closure, king mackerel from the closed zones or subzones taken in the EEZ, including those harvested under the bag and possession limits, may not be purchased or sold. This prohibition does not apply to trade in king mackerel from the closed zones or subzones that were harvested, landed VerDate Aug<31>2005 14:32 Nov 02, 2007 Jkt 214001 ashore, and sold prior to the closure and were held in cold storage by a dealer or processor. 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 prior notice and opportunity for public comment is unnecessary and contrary to the public interest. Such procedures would be unnecessary because the rule itself already has been subject to notice and comment, and all that remains is to notify the public of the closure. Allowing prior notice and opportunity for public comment is contrary to the public interest because of the need to immediately implement this action in order to protect the fishery since the capacity of the fishing fleet allows for rapid harvest of the quota. Prior notice and opportunity for public comment will require time and would potentially result in a harvest well in excess of the quota. For the aforementioned reasons, the AA also finds good cause to waive the 30 day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3). This action is taken under 50 CFR 622.43(a) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: October 30, 2007. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 07–5461 Filed 10–30–07; 3:01 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [Docket No. 061109296–7009–02] Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; Quota Transfer National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: Fmt 4700 SUMMARY: NMFS announces that the Commonwealth of Virginia is transferring commercial bluefish quota to the State of New York from its 2007 quota. By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved. Effective November 2, 2007 through December 31, 2007. DATES: FOR FURTHER INFORMATION CONTACT: Emily Bryant, Fishery Management Specialist, (978) 281–9244, fax (978) 281–9135. SUPPLEMENTARY INFORMATION: Regulations governing the Atlantic bluefish fishery are found at 50 CFR part 648. The regulations require annual specification of a commercial quota that is apportioned among the coastal states from Florida through Maine. The process to set the annual commercial quota and the percent allocated to each state is described in § 648.160. Two or more states, under mutual agreement and with the concurrence of the Administrator, Northeast Region, NMFS (Regional Administrator), can transfer or combine bluefish commercial quota under § 648.160(f). The Regional Administrator is required to consider the criteria set forth in § 648.160(f)(1) in the evaluation of requests for quota transfers or combinations. Virginia has agreed to transfer 200,000 lb (90,718 kg) of its 2007 commercial quota to New York. The Regional Administrator has determined that the criteria set forth in § 648.160(f)(1) have been met. The revised bluefish quotas for calendar year 2007 are: New York, 1,234,278 lb (559,859 kg); and Virginia, 668,660 lb (303,299 kg). Classification Authority: 16 U.S.C. 1801 et seq. RIN 0648–XD65 Frm 00008 Temporary rule; inseason quota transfer. ACTION: This action is taken under 50 CFR part 648 and is exempt from review under Executive Order 12866. 50 CFR Part 648 PO 00000 Atmospheric Administration (NOAA), Commerce. Sfmt 4700 Dated: October 30, 2007. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7–21717 Filed 11–2–07; 8:45 am] BILLING CODE 3510–22–S E:\FR\FM\05NOR1.SGM 05NOR1

Agencies

[Federal Register Volume 72, Number 213 (Monday, November 5, 2007)]
[Rules and Regulations]
[Page 62416]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21717]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 061109296-7009-02]
RIN 0648-XD65


Fisheries of the Northeastern United States; Atlantic Bluefish 
Fishery; Quota Transfer

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

ACTION: Temporary rule; inseason quota transfer.

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SUMMARY: NMFS announces that the Commonwealth of Virginia is 
transferring commercial bluefish quota to the State of New York from 
its 2007 quota. By this action, NMFS adjusts the quotas and announces 
the revised commercial quota for each state involved.

DATES: Effective November 2, 2007 through December 31, 2007.

FOR FURTHER INFORMATION CONTACT: Emily Bryant, Fishery Management 
Specialist, (978) 281-9244, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: Regulations governing the Atlantic bluefish 
fishery are found at 50 CFR part 648. The regulations require annual 
specification of a commercial quota that is apportioned among the 
coastal states from Florida through Maine. The process to set the 
annual commercial quota and the percent allocated to each state is 
described in Sec.  648.160.
    Two or more states, under mutual agreement and with the concurrence 
of the Administrator, Northeast Region, NMFS (Regional Administrator), 
can transfer or combine bluefish commercial quota under Sec.  
648.160(f). The Regional Administrator is required to consider the 
criteria set forth in Sec.  648.160(f)(1) in the evaluation of requests 
for quota transfers or combinations.
    Virginia has agreed to transfer 200,000 lb (90,718 kg) of its 2007 
commercial quota to New York. The Regional Administrator has determined 
that the criteria set forth in Sec.  648.160(f)(1) have been met. The 
revised bluefish quotas for calendar year 2007 are: New York, 1,234,278 
lb (559,859 kg); and Virginia, 668,660 lb (303,299 kg).

Classification

    This action is taken under 50 CFR part 648 and is exempt from 
review under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: October 30, 2007.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E7-21717 Filed 11-2-07; 8:45 am]
BILLING CODE 3510-22-S