[Federal Register Volume 72, Number 161 (Tuesday, August 21, 2007)]
[Rules and Regulations]
[Page 46568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4091]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 061020273-7001-03]
RIN 0648-XC05


Fisheries of the Northeastern United States; Summer Flounder 
Fishery; Commercial Quota Harvested for Massachusetts

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS announces that the 2007 summer flounder commercial quota 
allocated to the Commonwealth of Massachusetts has been harvested. 
Vessels issued a commercial Federal fisheries permit for the summer 
flounder fishery may not land summer flounder in Massachusetts for the 
remainder of calendar year 2007, unless additional quota becomes 
available through a transfer from another state. Regulations governing 
the summer flounder fishery require publication of this notification to 
advise Massachusetts 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 Massachusetts.

DATES: Effective 0001 hours, August 16, 2007 through 2400 hours, 
December 31, 2007.

FOR FURTHER INFORMATION CONTACT: Emily Bryant, Fishery Management 
Specialist, (978) 281-9244.

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 2007 
calendar year was set equal to 7,789,800 lb (3,533 mt) (71 FR 75134, 
December 14, 2006). This quota was increased through an emergency 
action to 10,267,098 lb (4,658 mt) (72 FR 2458, January 19, 2007). The 
percent allocated to vessels landing summer flounder in Massachusetts 
is 6.82046 percent, resulting in a commercial quota of 700,270 lb (318 
mt). The 2007 allocation was reduced to 684,331 lb (310 mt) when 
research set-aside was deducted and then reduced to 654,285 (297 mt) 
after the 2006 overages had been applied.
    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 Massachusetts has 
harvested its quota for 2007.
    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, 
August 16, 2007, further landings of summer flounder in Massachusetts 
by vessels holding summer flounder commercial Federal fisheries permits 
are prohibited for the remainder of the 2007 calendar year, unless 
additional quota becomes available through a transfer and is announced 
in the Federal Register. Effective 0001 hours, August 16, 2007, 
federally permitted dealers are also notified that they may not 
purchase summer flounder from federally permitted vessels that land in 
Massachusetts 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: August 15, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 07-4091 Filed 8-16-07; 1:23 pm]
BILLING CODE 3510-22-S