[Federal Register Volume 73, Number 236 (Monday, December 8, 2008)]
[Rules and Regulations]
[Page 74373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28971]



[[Page 74373]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 071212833-8179-02 ]
RIN 0648-XM09


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 2008, 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 5, 2008, through 2400 hours, 
December 31, 2008.

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 Federal coastwide commercial quota for Atlantic 
bluefish for the 2008 calendar year was set equal to 4,787,000 lb 
(2,171 mt) (73 FR 9958, February 25, 2008). The initial commercial 
quota was adjusted by transferring 2,918,693 lb (1,324 mt) from the 
initial recreational allocation, resulting in a total commercial quota 
of 7,705,244 lb (3,495 mt). The percent allocated to vessels landing 
bluefish in New York is 10.3851 percent, resulting in an initial 
commercial quota of 800,195 lb (363 mt). The 2008 allocation was 
reduced to 747,057 lb (339 mt) (73 FR 9958, February 25, 2008) due to a 
2007 quota overage and the 2008 research set-aside quota allocation. 
Subsequently, during the 2008 fishing year, New York received six 
transfers of bluefish quota. In August 2008, New York received a 
transfer from North Carolina in the amount of 100,000 lb (45 mt) (73 FR 
48306). In October, Florida transferred 100,000 lb (45 mt) of bluefish 
to New York (73 FR 60986). In November, Connecticut, Rhode Island, 
Maryland, and Delaware transferred 20,000 lb (10 mt), 50,000 lb (23 
mt), 50,000 lb (23 mt), and 90,000 lb (41 mt), respectively, of their 
2008 commercial quotas to New York (73 FR 71561). These transfers 
increased New York's bluefish quota allocation to 1,157,057 lb (525 
mt).
    The regulations at Sec.  648.161(b) require 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 
calendar year 2008.
    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 
5, 2008, further landings of bluefish in New York by vessels holding 
Atlantic bluefish 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, December 5, 2008, 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 1, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-28971 Filed 12-3-08; 4:15 pm]
BILLING CODE 3510-22-S