[Federal Register Volume 69, Number 243 (Monday, December 20, 2004)]
[Rules and Regulations]
[Page 75864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27734]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 031119283-4001-02; I.D. 121404B]


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: Closure of commercial fishery.

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SUMMARY: NMFS announces that the summer flounder commercial quota 
available to 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 2004, 
unless additional quota becomes available through a transfer. 
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, December 19, 2004, through 2400 hours, 
December 31, 2004.

FOR FURTHER INFORMATION CONTACT: Jason Blackburn, Fishery Management 
Specialist, (978) 281-9326.

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 2004 
calendar year was set equal to 16,920,000 lb (7,674,862 kg)(69 FR 2074, 
January 14, 2004). The percent allocated to vessels landing summer 
flounder in New York is 7.64699 percent, resulting in a commercial 
quota of 1,293,871 lb (586,896 kg). The 2004 allocation was reduced to 
1,285,853 lb (583,259 kg) due to research set-aside.
    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 2004.
    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, 
December 19, 2004, further landings of summer flounder in New York by 
vessels holding summer flounder commercial Federal fisheries permits 
are prohibited for the remainder of the 2004 calendar year, unless 
additional quota becomes available through a transfer and is announced 
in the Federal Register. Effective 0001 hours, December 19, 2004, 
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.

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: December 14, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-27734 Filed 12-15-04; 1:46 pm]
BILLING CODE 3510-22-S