[Federal Register Volume 74, Number 193 (Wednesday, October 7, 2009)]
[Rules and Regulations]
[Page 51512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24177]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0809251266-81485-02]
RIN 0648-XR94


Fisheries of the Northeastern United States; Scup Fishery; 
Commercial Quota Harvested for 2009 Summer Period

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

ACTION: Temporary rule; closure.

-----------------------------------------------------------------------

SUMMARY: NMFS announces the closure of the scup commercial coastwide 
fishery from Maine through North Carolina for the remainder of the 
Summer Period. Regulations governing the scup fishery require 
publication of this notification to advise the coastal states from 
Maine through North Carolina that this quota has been harvested and to 
advise Federal vessel permit holders and Federal dealer permit holders 
that no commercial quota is available for landing scup in these states. 
Federally permitted commercial vessels may not land scup in these 
states for the remainder of the 2009 Summer quota period (through 
October 31, 2009).

DATES: Effective 0001 hours, Thursday, October 7 through October 31, 
2009.

FOR FURTHER INFORMATION CONTACT: Sarah Bland, Fishery Management 
Specialist, (978) 281-9257.

SUPPLEMENTARY INFORMATION: Regulations governing the scup fishery are 
found at 50 CFR part 648. The regulations at Sec.  648.121 require the 
Regional Administrator to monitor the commercial scup quota for each 
quota period and, based upon dealer reports, state data, and other 
available information, to determine when the commercial quota for a 
period has been harvested. NMFS is required to publish a notification 
in the Federal Register advising and notifying commercial vessels and 
dealer permit holders that, effective upon a specific date, the scup 
commercial quota has been harvested and no commercial quota is 
available for landing scup for the remainder of the Summer Period. 
Based upon recent projections, the Regional Administrator has 
determined that the Federal commercial quota of 2,930,733 lb (1,329 mt) 
for the 2009 Summer Period will be fully harvested by or before October 
31, 2009. To maintain the integrity of the 2009 Summer Period quota by 
avoiding or minimizing quota overages, the commercial scup fishery will 
close for the remainder of the Summer Period (through October 31, 2009) 
in Federal waters, effective as of the date specified above (see 
DATES).
    Section 648.4(b) provides that Federal scup moratorium permit 
holders agree, as a condition of the permit, not to land scup in any 
state after NMFS has published a notification in the Federal Register 
stating that the commercial quota for the period has been harvested and 
that no commercial quota for scup is available. Therefore, effective 
0001 hours, Thursday, October 8, 2009, further landings of scup by 
vessels holding Federal scup moratorium permits are prohibited through 
October 31, 2009. Effective 0001 hours, Thursday, October 8, 2009, 
federally permitted dealers are also advised that they may not purchase 
scup from federally permitted vessels that land in coastal states from 
Maine through North Carolina for the remainder of the Summer Period 
(through October 31, 2009). The Winter II Period for commercial scup 
harvest will open on November 1, 2009.

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: October 2, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-24177 Filed 10-05-09; 8:45 am]
BILLING CODE 3510-22-S