[Federal Register Volume 71, Number 238 (Tuesday, December 12, 2006)]
[Rules and Regulations]
[Page 74471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9624]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 051128313-6029-02; I.D. 120406C ]


Fisheries of the Northeastern United States; Atlantic Bluefish 
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 Atlantic bluefish commercial quota 
available to New York has been harvested. Vessels issued a commercial 
Federal fisheries permit for the Atlantic bluefish fishery may not land 
bluefish in New York for the remainder of calendar year 2006, unless 
additional quota becomes available through a transfer. Regulations 
governing the Atlantic bluefish 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 bluefish in New York.

DATES:  Effective 0001 hours, December 12, 2006, through 2400 hours, 
December 31, 2006.

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

SUPPLEMENTARY INFORMATION: Regulations governing the Atlantic bluefish 
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 Florida through Maine. The process 
to set the annual commercial quota and the percent allocated to each 
state is described in Sec.  648.160.
    The initial coast wide commercial quota for Atlantic bluefish for 
the 2006 calendar year was set equal to 4,215,802 lb (1,912 mt) (71 FR 
9472, February 24, 2006). The initial commercial quota was adjusted by 
transferring 3,865,294 lb (1,753 mt) from the recreational allocation, 
resulting in a total commercial quota of 8,081,096 lb (3,666 mt). The 
percent allocated to vessels landing bluefish in New York is 10.3851 
percent, resulting in an initial commercial quota of 839,230 lb 
(380,672 kg). The 2006 allocation was reduced to 775,526 lb (351,773 
kg) (71 FR 27977, May 15, 2006) due to research set-aside and a quota 
overage in 2005. New York received transfers of commercial bluefish 
quota from Virginia (71 FR 42315, July 26, 2006) and Florida (71 FR 
51531, August 30, 2006), which resulted in a 2006 allocation of 
1,025,526 lb (465,171 kg).
    Section 648.161(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 bluefish 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 bluefish in 
any state that the Regional Administrator has determined no longer has 
commercial quota available. Therefore, effective 0001 hours, December 
12, 2006, further landings of bluefish in New York by vessels holding 
Atlantic bluefish 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, December 12, 2006, federally permitted 
dealers are also notified that they may not purchase bluefish 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 Executive Order 12866.

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

    Dated: December 5, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-9624 Filed 12-6-06; 3:08 pm]
BILLING CODE 3510-22-S