[Federal Register Volume 67, Number 150 (Monday, August 5, 2002)]
[Rules and Regulations]
[Page 50604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19688]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.; I.D. 073002A]


Fisheries of the Northeastern United States; Black Sea Bass 
Fishery; Commercial Quota Harvested for Quarter 3 Period

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

ACTION: Closure.

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SUMMARY: NMFS announces that the black sea bass commercial quota 
available in the Quarter 3 period to the coastal states from Maine 
through North Carolina has been harvested. Commercial vessels may not 
land black sea bass in these states north of 35 deg.15.3' N. lat. for 
the remainder of the 2002 Quarter 3 quota period (through September 30, 
2002). Regulations governing the black sea bass fishery require 
publication of this notification to advise the coastal states from 
Maine through North Carolina that the quota has been harvested and to 
advise vessel permit holders and dealer permit holders that no 
commercial quota is available for landing black sea bass in these 
states north of 35 deg.15.3' N. lat.

DATES: Effective 0001 hrs local time, August 6, 2002, through 2400 hrs 
local time, September 30, 2002.

FOR FURTHER INFORMATION CONTACT: Richard A. Pearson, Fishery Policy 
Analyst, at (978) 281-9279.

SUPPLEMENTARY INFORMATION: Regulations governing the black sea bass 
fishery are found at 50 CFR part 648. The regulations require annual 
specification of a commercial quota that is allocated into four quota 
periods, based upon percentages of the annual quota. The Quarter 3 
(July through September) commercial quota is distributed to the coastal 
states from Maine through North Carolina. The process to set the annual 
commercial quota is described in Sec. 648.140.
    The total commercial quota for black sea bass for the 2002 calendar 
year was initially set at 3,332,000 lb (1,511,370 kg) and then adjusted 
downward to 3,294,758 lb (1,494,477 kg) for research quota set-asides 
(66 FR 66351; December 26, 2001). The Quarter 3 period quota, which is 
equal to 12.33 percent of the annual commercial quota, is 406,244 lb 
(184,269 kg). The quota allocation was adjusted downward to compensate 
for 2001 Quarter 3 landings in excess of the 2001 Quarter 3 quota, 
consistent with the procedures specified at Sec. 648.140. The final 
adjusted 2002 Quarter 3 quota is 400,101 lb (181,483 kg).
    The Regional Administrator, Northeast Region, NMFS (Regional 
Administrator) monitors the commercial black sea bass quota for each 
quota period using dealer reports, state data, and other available 
information to determine when the commercial quota 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 black sea bass commercial 
quota has been harvested and no commercial quota is available for 
landing black sea bass for the remainder of the Quarter 3 period, north 
of 35 deg.15.3' N. lat. The Regional Administrator has determined, 
based upon dealer reports and other available information, that the 
black sea bass commercial quota for the 2002 Quarter 3 period has been 
harvested.
    The regulations at Sec. 648.4(b) provide that Federal black sea 
bass moratorium permit holders agree, as a condition of the permit, not 
to land black sea bass 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 
black sea bass is available. The Regional Administrator has determined 
that the Quarter 3 period for black sea bass no longer has commercial 
quota available. Therefore, effective 0001 hrs local time, August 6, 
2002, further landings of black sea bass in coastal states from Maine 
through North Carolina, north of 35 deg.15.3' N. lat., by vessels 
holding commercial Federal fisheries permits are prohibited through 
September 30, 2002. The 2002 Quarter 4 period for commercial black sea 
bass harvest will open on October 1, 2002. Effective August 6, 2002, 
federally permitted dealers are also advised that they may not purchase 
black sea bass from federally permitted black sea bass moratorium 
permit holders who land in coastal states from Maine through North 
Carolina, north of 35 deg.15.3' N. lat., for the remainder of the 
Quarter 3 period (through September 30, 2002).
    The regulations at Sec. 648.4(b) also provide that, if the 
commercial black sea bass quota for a period is harvested and the coast 
is closed to the possession of black sea bass north of 35 deg.15.3'N. 
lat., any vessel owners who hold valid commercial permits for both the 
black sea bass and the NMFS Southeast Region snapper-grouper fisheries 
may surrender their black sea bass moratorium permit by certified mail 
addressed to the Regional Administrator (see table 1 at Sec. 600.502) 
and fish pursuant to their snapper-grouper permit, as long as fishing 
is conducted exclusively in waters, and landings are made, south of 
35 deg.15.3' N. lat. A moratorium permit for the black sea bass fishery 
that is voluntarily relinquished or surrendered will be reissued upon 
the receipt of the vessel owner's written request after a minimum 
period of 6 months from the date of cancellation.

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, 2002.
John H. Dunnigan,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-19688 Filed 8-2-02; 8:45 am]
BILLING CODE 3510-22-S