[Federal Register Volume 73, Number 229 (Wednesday, November 26, 2008)]
[Rules and Regulations]
[Page 71946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28116]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 071030625-7696-02]
RIN 0648-XL93


Fisheries of the Northeastern United States; Summer Flounder 
Fishery; Commercial Quota Harvested for the State of New Jersey

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 2008 summer flounder commercial quota 
allocated to the State of New Jersey has been harvested. Vessels issued 
a commercial Federal fisheries permit for the summer flounder fishery 
may not land summer flounder in New Jersey for the remainder of 
calendar year 2008, 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 Jersey 
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 Jersey.

DATES: Effective 0001 hours, November 23, 2008, through 2400 hours, 
December 31, 2008.

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 2008 
calendar year was set equal to 9,462,001 lb (4,292 mt) (72 FR 74197, 
December 31, 2007). The percent allocated to vessels landing summer 
flounder in New Jersey is 16.72499 percent, resulting in a commercial 
quota of 1,582,519 lb (718 mt). The 2008 allocation was reduced to 
1,559,118 lb (707 mt) when research set-aside was deducted.
    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 
Jersey has harvested its quota for 2008.
    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 23, 2008, further landings of summer flounder in New Jersey by 
vessels holding summer flounder commercial Federal fisheries permits 
are prohibited for the remainder of the 2008 calendar year, unless 
additional quota becomes available through a transfer and is announced 
in the Federal Register. Effective 0001 hours, November 23, 2008, 
federally permitted dealers are also notified that they may not 
purchase summer flounder from federally permitted vessels that land in 
New Jersey 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 20, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-28116 Filed 11-21-08; 4:15 pm]
BILLING CODE 3510-22-S