[Federal Register Volume 70, Number 191 (Tuesday, October 4, 2005)]
[Rules and Regulations]
[Pages 57802-57803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19879]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 030912231; I.D. 071905B]


Fisheries of the Northeastern United States; Scup Fishery; 
Adjustment to the 2005 Winter II Quota; Correction

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

ACTION: Temporary rule; inseason adjustment.

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SUMMARY: NMFS published a temporary rule in the Federal Register on 
August 2, 2005, to adjust the 2005 Winter II commercial scup quota and 
possession limit. NMFS has since received information that a 
substantial amount of scup landed during the 2005 Winter I period were 
misreported as porgies via the Electronic Dealer Reporting System. This 
action corrects the adjusted 2005 Winter II commercial scup quota and 
possession limit.

DATES: This rule is effective November 1, 2005, through December 31, 
2005.

FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, Fishery Policy 
Analyst, (978) 281-9279.

SUPPLEMENTARY INFORMATION: NMFS published a final rule in the Federal 
Register on November 3, 2003 (68 FR 62250) implementing a process for 
years

[[Page 57803]]

in which the full Winter I commercial scup quota is not harvested, to: 
allow unused quota from the Winter I period to be added to the quota 
for the Winter II period, and allow adjustment of the commercial 
possession limits for the Winter II period commensurate with the amount 
of quota rolled over from the Winter I period. Table 5 of the final 
2005 quota specifications for summer flounder, scup, and black sea bass 
(70 FR 303, January 4, 2005) presented detailed information regarding 
Winter II possession limits, based on the amount of scup to be rolled 
over from Winter I to Winter II.
    On August 2, 2005 (70 FR 44291), NMFS published a temporary rule in 
the Federal Register, transferring 2,223,502 lb (1,008,564 kg) of 
unused 2005 Winter I scup commercial quota to the 2005 Winter II 
period, resulting in an adjusted 2005 Winter II commercial scup quota 
and possession limit of 4,173,464 lb (1,893,051 kg) and 3,500 lb (1,588 
kg), respectively. Since then, NMFS has determined that 291,135 lb 
(132,057 kg) of scup landed during the 2005 Winter I period were 
misreported as unclassified porgies or red porgies via the Electronic 
Dealer Reporting System, and has properly accounted for those landings 
as scup. The initial 2005 Winter II quota, as established in the final 
2005 quota specifications (70 FR 303, January 4, 2005) is 1,949,962 lb 
(884,488 kg). Including updates in addition to those described above, 
the best available landings information as of September 18, 2005, 
indicates that 1,835,953 lb (832,774 kg) remain of the Winter I quota 
of 5,518,367 lb (2,503,089 kg). Consistent with the final rule to 
implement Framework Adjustment 3 to the Summer Flounder, Scup, and 
Black Sea Bass Fishery Management Plan (68 FR 62250, November 3, 2003), 
the full amount of unused 2005 Winter I quota is transferred to Winter 
II, resulting in a revised 2005 Winter II quota of 3,785,915 lb 
(1,717,262 kg). Consistent with the rollover specifications established 
in the 2005 final specifications (70 FR 303, January 4, 2005), the 2005 
Winter II possession limit is adjusted to 3,000 lb (1,361 kg) per trip 
to provide an appropriate opportunity for fishing vessels to obtain the 
adjusted Winter II quota.

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: September 28, 2005
Alan D. Risenhoover,
Acting Director , Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-19879 Filed 10-3-05; 8:45 am]
BILLING CODE 3510-22-S