75864 Federal Register / Vol. 69, No. 243 / Monday, December 20, 2004 / Rules and Regulations 

restrictions) their gear from a DAM zone 

once one is approved. Thus, NMFS 

makes this action effective 2 days after 

the date of publication of this notice in 

the Federal Register. NMFS will also 

endeavor to provide notice of this action 

to fishermen through other means as 

soon as the AA approves it, thereby 

providing approximately 3 additional 

days of notice while the Office of the 

Federal Register processes the document 

for publication.

NMFS determined that the regulations 

establishing the DAM program and 

actions such as this one taken pursuant 

to those regulations are consistent to the 

maximum extent practicable with the 

enforceable policies of the approved 

coastal management program of the U.S. 

Atlantic coastal states. This 

determination was submitted for review 

by the responsible state agencies under 

section 307 of the Coastal Zone 

Management Act. Following state 

review of the regulations creating the 

DAM program, no state disagreed with 

NMFS’ conclusion that the DAM 

program is consistent to the maximum 

extent practicable with the enforceable 

policies of the approved coastal 

management program for that state.

The DAM program under which 

NMFS is taking this action contains 

policies with federalism implications 

warranting preparation of a federalism 

assessment under Executive Order 

13132. Accordingly, in October 2001 

and March 2003, the Assistant Secretary 

for Intergovernmental and Legislative 

Affairs, DOC, provided notice of the 

DAM program and its amendments to 

the appropriate elected officials in states 

to be affected by actions taken pursuant 

to the DAM program. Federalism issues 

raised by state officials were addressed 

in the final rules implementing the 

DAM program. A copy of the federalism 

Summary Impact Statement for the final 

rules is available upon request 

(ADDRESSES).

The rule implementing the DAM 

program has been determined to be not 

significant under Executive Order 

12866.

Authority: 16 U.S.C. 1361 et seq. and 50 

CFR 229.32(g)(3)

Dated: December 14, 2004.

Rebecca Lent,

Deputy Assistant Administrator for 

Regulatory programs, National Marine 

Fisheries Service.

[FR Doc. 04–27695 Filed 12–14–04; 4:47 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 648

[Docket No. 031119283–4001–02; I.D. 

121404B]

Fisheries of the Northeastern United 

States; Summer Flounder 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.

SUMMARY: NMFS announces that the 

summer flounder commercial quota 

available to New York has been 

harvested. Vessels issued a commercial 

Federal fisheries permit for the summer 

flounder fishery may not land summer 

flounder in New York for the remainder 

of calendar year 2004, unless additional 

quota becomes available through a 

transfer. Regulations governing the 

summer flounder 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 summer flounder in New York.

DATES: Effective 0001 hours, December 

19, 2004, through 2400 hours, December 

31, 2004.

FOR FURTHER INFORMATION CONTACT:

Jason Blackburn, Fishery Management 

Specialist, (978) 281–9326.

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 § 648.100.

The initial total commercial quota for 

summer flounder for the 2004 calendar 

year was set equal to 16,920,000 lb 

(7,674,862 kg)(69 FR 2074, January 14, 

2004). The percent allocated to vessels 

landing summer flounder in New York 

is 7.64699 percent, resulting in a 

commercial quota of 1,293,871 lb 

(586,896 kg). The 2004 allocation was 

reduced to 1,285,853 lb (583,259 kg) due 

to research set-aside.

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 York has 

harvested its quota for 2004.

The regulations at § 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, December 19, 2004, further 

landings of summer flounder in New 

York by vessels holding summer 

flounder commercial Federal fisheries 

permits are prohibited for the remainder 

of the 2004 calendar year, unless 

additional quota becomes available 

through a transfer and is announced in 

the Federal Register. Effective 0001 

hours, December 19, 2004, federally 

permitted dealers are also notified that 

they may not purchase summer flounder 

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 

E.O. 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: December 14, 2004.

Alan D. Risenhoover,

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service.

[FR Doc. 04–27734 Filed 12–15–04; 1:46 pm]

BILLING CODE 3510–22–S