[Federal Register Volume 69, Number 186 (Monday, September 27, 2004)]
[Rules and Regulations]
[Page 57653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21590]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 040122024-4105-02; I.D. 092104C]


Fisheries of the Northeastern United States; Tilefish Fishery; 
Quota Harvested for Part-time Category

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

ACTION: Closure.

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SUMMARY: NMFS announces that the percentage of the tilefish annual 
total allowable landing (TAL) available to the Part-time category has 
been harvested. Commercial vessels fishing under the Part-time tilefish 
category may not harvest tilefish from within the golden tilefish 
management unit for the remainder of the 2004 fishing year (through 
October 31, 2004). Regulations governing the tilefish fishery require 
publication of this notification to advise the public of this closure.

DATES: Effective 0001 hrs local time, September 25, 2004, through 2400 
hrs local time, October 31, 2004.

FOR FURTHER INFORMATION CONTACT: Brian R. Hooker, Fishery Policy 
Analyst, at (978) 281-9220.

SUPPLEMENTARY INFORMATION: Regulations governing the tilefish fishery 
are found at 50 CFR part 648. The regulations require annual 
specification of a TAL for federally permitted tilefish vessels 
harvesting tilefish from within the golden tilefish management unit. 
The golden tilefish management unit is defined as an area of the 
Atlantic Ocean from the latitude of the VA and NC border (36[deg]33.36' 
N. lat.), extending eastward from the shore to the outer boundary of 
the exclusive economic zone, and northward to the U.S.-Canada border. 
After 5 percent of the TAL is deducted to reflect landings by vessels 
issued an open-access Incidental permit category, and after up to 3 
percent of the TAL is set aside for research purposes, should research 
TAL be set aside, the remaining TAL is distributed among three tilefish 
limited access permit categories: Full-time tier 1 category (66 
percent), Full-time tier 2 category (15 percent), and the Part-time 
category (19 percent).
    The TAL for tilefish for the 2004 fishing year was set at 1.995 
million lb (905,172 kg) and then adjusted downward by 5 percent to 
1,895,250 lb (859,671 kg) to account for incidental catch. There was no 
research set-aside for the 2004 fishing year. Thus, the Part-time 
category quota for the 2004 fishing year, which is equal to 19 percent 
of the TAL, is 360,098 lb (163,338 kg). As a result of the decision in 
the Hadaja v. Evans lawsuit on May 15, 2003, the permitting and 
reporting requirements for the tilefish fishery were suspended for 
nearly a year. The decision rendered the subquotas for the various 
limited access permit categories inoperative. These requirements were 
reinstated on May 31, 2004, through a final rule (69 FR 22454, April 
26, 2004). During the period that the permitting and reporting 
requirements were vacated, it was impossible to attribute tilefish 
landings to a particular limited access permit category. Consequently, 
projected landings were used for the period November 1, 2003 - May 31, 
2004. Based on this projection, the adjusted Part-time category quota 
for the remainder of the fishing year (June 1-October 31, 2004) was 
calculated to be 200,791 lb (91,077 kg).
    The Administrator, Northeast Region, NMFS (Regional Administrator) 
monitors the commercial tilefish quota for each fishing year using 
dealer reports, vessel catch reports, and other available information 
to determine when the quota for each limited access permit category is 
projected to have been harvested. NMFS is required to publish 
notification in the Federal Register notifying commercial vessels and 
dealer permit holders that, effective upon a specific date, the 
tilefish TAL for the specific limited access category has been 
harvested and no commercial quota is available for harvesting tilefish 
by that category for the remainder of the fishing year, from within the 
golden tilefish management unit.
    The Regional Administrator has determined, based upon dealer 
reports and other available information, that the 2004 tilefish TAL for 
the Part-time category has been harvested. Therefore, effective 0001 
hrs local time, September 25, 2004, further landings of tilefish 
harvested from within the golden tilefish management unit by tilefish 
vessels holding Part-time category Federal fisheries permits are 
prohibited through October 31, 2004. The 2005 fishing year for 
commercial tilefish harvest will open on November 1, 2004. Federally 
permitted dealers are also advised that, effective September 25, 2004, 
they may not purchase tilefish from Part-time category federally 
permitted tilefish vessels who land tilefish harvested from within the 
golden tilefish management unit for the remainder of the 2004 fishing 
year (through October 31, 2004).

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under E.O. 12866.

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

    Dated: September 22, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-21590 Filed 9-22-04; 1:21 pm]
BILLING CODE 3510-22-S