[Federal Register Volume 67, Number 231 (Monday, December 2, 2002)]
[Rules and Regulations]
[Pages 71488-71489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30452]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 011109274-1301-02; I.D. 101602D]


Fisheries of the Northeastern United States; Scup Fishery; 
Commercial Quota Harvested for Winter II Period

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

ACTION:  Scup commercial quota harvested for Winter II period.

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SUMMARY:  NMFS announces that the scup commercial quota available in 
the 2002 Winter II period (November - December) to the coastal states 
from Maine to North Carolina has been harvested. Federally permitted 
commercial vessels may not land scup in these states for the remainder 
of the 2002 Winter II quota period (through December 31, 2002). 
Regulations governing the scup fishery require publication of this 
notification to advise the coastal states from Maine through North 
Carolina that the scup quota has been harvested and to advise Federal 
vessel permit holders and Federal dealer permit holders.

DATES: Effective 0001 hrs local time, December 2, 2002, through 2400 
hrs local time, December 31, 2002.

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

SUPPLEMENTARY INFORMATION: Regulations governing the scup fishery are 
found at 50 CFR part 648. The regulations require annual specification 
of a commercial quota that is allocated into three quota periods. The 
Winter II commercial quota (November through December) is distributed 
to the coastal states from Maine through North Carolina. The process to 
set the annual commercial quota and the seasonal allocation is 
described at Sec.  648.120.
    The total commercial quota for scup for the 2002 calendar year was 
initially set at 8,000,000 lb (3,628,739 kg) and then adjusted downward 
to 7,834,522 lb (3,553,679 kg), to account for research quota set-
asides (66 FR 66351; December 26, 2001). The Winter II period quota, 
which is equal to 15.94 percent of the annual commercial quota, was 
1,248,823 lb (566,456 kg). The 2002 Winter II quota allocation was then 
adjusted downward to compensate for 2001 Winter II landings in excess 
of the 2001 Winter II quota (67 FR 49621, July 31, 2002), consistent 
with the procedures specified at Sec.  648.120(d)(3)(ii). Accordingly, 
the final adjusted 2002 Winter II period commercial quota is 1,179,502 
lb (535,013 kg).
    Section 648.121 requires the Administrator, Northeast Region, NMFS 
(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 has been 
harvested. NMFS is required to publish notification in the Federal 
Register advising and notifying federally permitted commercial vessels 
and federally permitted dealers that, effective upon a specific date, 
the scup commercial quota has been harvested. The Regional 
Administrator has determined, based upon dealer reports and other 
available information, that the scup commercial quota for the 2002 
Winter II period has been harvested.
    The regulations at Sec.  648.4(b) provide 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, December 2, 2002, further landings of 
scup by vessels holding Federal scup moratorium permits are prohibited 
through December 31, 2002. The 2003 Winter I period for commercial scup 
harvest will open on January 1, 2003. Effective 0001 hours, December 2, 
2002, 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

[[Page 71489]]

Carolina for the remainder of the Winter II period (through December 
31, 2002).

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 25, 2002.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-30452 Filed 11-26-02; 5:00 pm]
BILLING CODE 3510-22-S