[Federal Register Volume 72, Number 227 (Tuesday, November 27, 2007)]
[Rules and Regulations]
[Page 66082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23051]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 061109296-7009-02]
RIN 0648-XD64


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: Temporary rule; closure.

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SUMMARY: NMFS announces that the 2007 Atlantic bluefish commercial 
quota allocated to the State of 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 2007, unless additional quota becomes available through a transfer 
from another state. 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, November 27, 2007, through 2400 hours, 
December 31, 2007.

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

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 total commercial quota for Atlantic bluefish for the 
2007 calendar year was set equal to 8,688,760 lb (3,941 mt) (72 FR 
4458, January 31, 2007). The percent allocated to vessels landing 
bluefish in New York is 10.3851 percent, resulting in a commercial 
quota of 902,336 lb (409,927 kg). The 2007 allocation was reduced to 
884,278 lb (401,106 kg) when research set-aside was deducted and after 
the 2006 overages had been applied. Subsequently, during the 2007 
fishing year, New York received two transfers of bluefish quota from 
Virginia in the amounts of 150,000 lb (68,039 kg) (72 FR 10934) and 
200,000 lb (90,718 kg) (72 FR 62416). These transfers increased New 
York's bluefish quota allocation to 1,234,278 lb (559,859 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 2007.
    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, November 
27, 2007, further landings of bluefish in New York by vessels holding 
bluefish 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, November 27, 2007, 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 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: November 21, 2007.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E7-23051 Filed 11-26-07; 8:45 am]
BILLING CODE 3510-22-S