[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Rules and Regulations]
[Page 64011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29064]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0809251266-81485-02]
RIN 0648-XS93


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

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

ACTION:  Temporary rule; closure.

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SUMMARY:  NMFS announces the closure of the scup commercial coastwide 
fishery from Maine through North Carolina for the remainder of the 
Winter II 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 Winter II quota period.

DATES:  Effective 0001 hours December 9, 2009, through December 31, 
2009.

FOR FURTHER INFORMATION CONTACT:  Sarah Heil, 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 1,349,751 lb (612 mt) 
for the 2009 Winter II Period will be fully harvested by or before 
December 31, 2009. To maintain the integrity of the 2009 Winter II 
Period quota by avoiding or minimizing quota overages, the commercial 
scup fishery will close for the remainder of the Winter II Period 
(through December 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, Wednesday, December 9, 2009, further landings of scup by 
vessels holding Federal scup moratorium permits are prohibited through 
December 31, 2009. Effective 0001 hours, Wednesday, December 9, 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 Winter II Period 
(through December 31, 2009). The 2010 Winter I Period for commercial 
scup harvest will open on January 1, 2010.

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, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E9-29064 Filed 12-4-09; 8:45 am]
BILLING CODE 3510-22-S