[Federal Register Volume 71, Number 214 (Monday, November 6, 2006)]
[Rules and Regulations]
[Page 64903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9081]



[[Page 64903]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 051104293-5344-02; I.D. 102706A]


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 2006, 
unless additional quota becomes available through a transfer from 
another state. 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, November 4, 2006, through 2400 hours, 
December 31, 2006.

FOR FURTHER INFORMATION CONTACT:  Douglas Potts, Fishery Management 
Specialist, (978) 281-9341.

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 2006 
calendar year was set equal to 14,154,000 lb (6,420 mt) (70 FR 77061, 
December 29, 2005). The percent allocated to vessels landing summer 
flounder in New York is 7.64699 percent, resulting in a commercial 
quota of 1,082,355 lb (490,948 kg). The 2006 allocation was reduced to 
935,943 lb (424,537 kg) due to research set-aside and quota overage 
from 2005.
    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 2006.
    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, 
November 4, 2006, further landings of summer flounder in New York by 
vessels holding summer flounder commercial Federal fisheries permits 
are prohibited for the remainder of the 2006 calendar year, unless 
additional quota becomes available through a transfer and is announced 
in the Federal Register. Effective 0001 hours, November 4, 2006, 
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 from another state.

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: October 31, 2006.
James P. Burgess,
Acting Director, Office Of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-9081 Filed 11-1-06; 1:59 pm]
BILLING CODE 3510-22-S